Fired for drill time and religious preference.

2015-07-21T20:44:04-04:00

My response to getting fired for "missing too much work" due to drill, and my religious convictions:

I was discharged on about 2 May by the owner of Sole'renity Spa, Rhonda Mordecai. I was a good employee who received no complaints during my employment.
After I left, there was left a 100% turnover rate during the term of my employment. I was the senior employee by time.
Recently, I have learned, through subsequent current and former employees, that the cause of my discharge was religious dicrimination and my National Guard drill status. I am currently seeking counsel with the Oklahoma National Guard Judge Advocate General for the issue of erroneous discharge under the The Uniformed Services Employment and Reemployment Rights Act, and the violation of the OK Stat. Title 25 Sec. 1101et seq. and OK Stat. Title 25 Sec. 1601) prohibition of employment dicrimination due to religious orientation.
Please respond.
SGT Erin Mulder
OKARNG

Thoughts? Appropriate COA?

Response by SPC George Rudenko made Jul 21 at 2015 8:54 PM

2015-07-21T20:54:56-04:00

You can also talk to a local private attorney. One that handles employment and labor along. You may have several different recourse is to file suit.

Response by CW3 Private RallyPoint Member made Jul 21 at 2015 10:37 PM

2015-07-21T22:37:24-04:00

What kind of religious discrimination are we talking about here? Did the owner not like your religion?

Response by Cpl Jeff N. made Jul 22 at 2015 6:48 AM

2015-07-22T06:48:44-04:00

It is always a challenge to separate what you believe versus what you can prove (in a court of law). It sounds like you might have witnesses that were privy to conversations with the owner about your termination which are good. It would also help if there were other examples of this occurring there too. If you believe this to be the case and feel the evidence is compelling I would say pursue it.

I would advise you to edit your post above and remove the name of the business and owner as you have possible pending litigation.

Response by LTC Kevin B. made Jul 22 at 2015 7:39 AM

2015-07-22T07:39:05-04:00

You might want to consider reaching out to the local Department of Labor Office for veterans to see if/how they can assist:

http://www.dol.gov/vets/aboutvets/regionaloffices/dallas.htm#ok

U.S. Department of Labor --Veterans' Employment and Training Service (VETS) -- VETS Regional...

Response by COL Vincent Stoneking made Jul 22 at 2015 8:58 AM

2015-07-22T08:58:56-04:00

My feedback:
Remove business owner's name (from this post, not the letter) - No good purpose is served by it and you don't want her to sue for harassment/bullying or similar. (Doesn't matter if it's not true, it muddies the water)
Remove "Please respond" - It sends a message that you really aren't lawyering up and are trying to get her (the owner) to do something to avoid it. While that WOULD be the best outcome, they have to believe that the stick is there for the carrot to be interesting.
I would tighten your prose. In the heat of writing this, some of your sentences aren't immediately 100% clear - Your intent is obvious, but it gives someone with the intent the room to quibble. For instance, you say that AFTER you left there was 100% turnover DURING the term of your employment.... (I would actually cut that entire sentence and just say you were the senior employee at the time.) Likewise the phrase "subsequent current and former employees" is confusing. I would remove the word subsequent.

IF you have others who are willing to testify/be deposed, (or the owner is stupid enough to admit it) I think you have a strong USERRA case.

I don't know if the JAG is the right resource for the state religious discrimination aspect. They may be, I just don't know. I would also look into the state's Department of Labor, or similar, for that aspect (and maybe the USERRA as well, in conjunction with JAG). I assume the religious aspect is due to time off to attend services/mandatory sabbath type issues?

The owner's most probable defense is going to be "I needed an employee who could work at least X hours a week. While I have nothing against Ms. Wilkins, honer her National Guard service and her sincere faith, I simply need an employee who can be here X hours a week."

You will need to be able to counter that somehow. You were working as many hours when terminated as when you were hired, new staff had been hired, you are really efficient, the X hours argument doesn't make sense due the following 3 reasons, etc.

Response by MAJ Private RallyPoint Member made Jul 22 at 2015 9:32 AM

2015-07-22T09:32:25-04:00

First, I agree with the recommendation to edit the post to remove the shop and owner's name. Hopefully people seeing this later on will wonder what the heck we're talking about because it will already be gone.

Second, your case is tricky because it's very difficult to prove. Are the other people willing to go on record? That may be simply a sworn statement, but if it went further it may mean statements under oath in court. Will they have your back?

Third, while religious discrimination may be a factor (if I recall, you're an atheist, and that comes with a lot of discrimination) you may not even need to go that far. The law clearly provides that employers must approve time off for drill, and it cannot be counted against you, as long as you have alerted them in advance (usually at least two weeks, though the general advice is to turn over a copy of the annual drill schedule for your unit).

Response by MSG Private RallyPoint Member made Jul 22 at 2015 10:26 AM

2015-07-22T10:26:03-04:00

My first question: What was written or said to you (from the boss) as to why you were being terminated? That will be the first step you need to do before you head to the Dept of Labor with your grievance. As someone stated in a previous comment, it is going to be a difference as to what was said/heard vs proven. If, you can prove what was said, then you have a full grievance to file. I am not saying you are in the wrong, but make sure you have all of your ducks in a row before you step forward with the filing of the complaint.

Response by COL Jean (John) F. B. made Jul 22 at 2015 10:36 AM

2015-07-22T10:36:13-04:00

SGT Private RallyPoint Member - As far as your allegation of termination because of your military status, you are doing the correct thing by seeking advice/assistance from your SJA for a possible USERRA violation. As long as you fulfilled your obligation of timely notice of drills/absences due to military duty and you can prove that was the reason for your termination, you should have a good case against the employer. That, however, is pretty hard to prove.

Response by CMSgt Mark Schubert made Jul 22 at 2015 10:41 AM

2015-07-22T10:41:35-04:00

I suggest not to publicly post anything with the SPA name or owner name as long as you are pursuing legal action against them - while this may not be "wrong" - it can definitely cause problems you don't need (counter lawsuit for slander/defamation of character, etc..) - besides, it won't matter who it's too if you are seeking advise on the content of your letter anyway. Yes, put it in the "real" letter you send, but leave it off this post.
I hope you have "the cause" of your termination in writing - if not, I'd ask for that immediately.
I can't comment on the religious convictions - there is not enough information above to determine what the issue is.
I would drop the "Please Respond" in favor of a direct question (which I don't see any - meaning there is really no reason to respond).
If you have done your part in informing the employer in adv of your drill duty, and you can prove that, you might have a case.
Good luck! I hope this helps!

Response by SFC Private RallyPoint Member made Jul 27 at 2015 2:55 AM

2015-07-27T02:55:44-04:00

That is a very appropriate course of action. It is pure discrimination to fire you based on religious or military duties. but, is the business willing to admit that is the reason they let you go?