At my interview with my employer I told them that the only day I can't work is Saturdays due to my religious beliefs. I was told that was fine as long as I was ok with working on Sundays as the need for people on Sundays was greater.
Fast forward to about 3 weeks ago. I was approached by one of the Managers to discuss a promotion to a team lead. During the discussion, I again mentioned that I was not available on Saturdays due to my religious beliefs.
The next day, the same manager came to discuss the promotion with me further and said that he had discussed the Saturday issue and that it was fine and no issue for me to have it off and that the only days I could not have off were Friday, Sunday, and Monday because those were our freight days and other high volume days and that for my 2nd day off for week I could choose between the remaining 3 days.
Now 2 weeks later after accepting the promotion I get asked by the HR lady if I realize that I will have to work some Saturdays. I told her what my manager said and she said, " oh, well I guess he will have to remove you from the schedule on that day."
A few days later I reminded my manager that I am supposed to have Saturdays off due to my religious beliefs and he said, " You will have them for this 3 month quarter but next 3 month quarter you won't because our company doesn't work that way, it has a rotating schedule."
Well now, I'm not even getting the 3 months of them he said the other day as the schedule for next week has me scheduled to work on my sabbath day.
I'm in the USA and most of these discussions have been verbally done so other than a text with the person who originally hired me, reminding him just before I started that I can't work on Saturdays because of my religious beliefs m, I have no other proof to show that I don't work on that day. I do have a few coworkers and family members that know I don't work on that day due to my religious beliefs that can be witnesses.
What do I do to get them to uphold the verbal agreement they made before they gave me my promotion?
Top Answer/Comment:
The first order of business for you is to put everything in writing.
An email to your Manager outlining your issue with working on Saturday. Reference that you made it clear prior to accepting the promotion that you are unable to work on this day and remind them that you being able to observe the sabbath was a condition of accepting the role.
Next up would be to gather some evidence that you are a practicing insert correct religion here and the time you have spent with that faith e.g. an email from your pastor/rabbi/imam etc. stating that you've been a member of their congregation for X number of years
The good news is that I believe there is a SCOTUS case on this very issue as to whether observation of the Sabbath is constitutionally protected - the Case is Groff v DeJoy. Depending on the Ruling for that case really matters for you.
The bad news is that this case hasn't been heard yet.
It could be that the SCOTUS rules that a company cannot force a worker to work on a holy day if the belief is sincere.
However some reading around the case (I am not a lawyer, this is not legal advice) is that the current opinion is that so long as it doesn't create 'Undue Hardship' for the company - the example given is if the company has to hire extra workers.
Absent a SCOTUS ruling, if the company reneges on it's deal, then I would suggest you will want to look elsewhere. Companies that don't honor verbal agreements are seldom trustworthy in the long run.
Also - as a side note, in future, if you are doing something like this - always put it in writing.
EDIT
I mentioned a Supreme Court Case in this answer Here - and for those wondering the Court sided, unanimously with the Religious side on this - that to show Undue Hardship requires more than just mere increase in Costs.
