QUESTION

Can my employer fire me for refusing to work christmas eve

Asked on Nov 06th, 2015 on Labor and Employment - Tennessee
More details to this question:
I'm curious as to whether my employer can terminate me for refusing to work christmas eve if it is for religious reasons.
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination. If you are fired, and you can prove that it is your sincerely held religious belief that you should not work on Christmas Eve, you might have a claim for failure to accomodate your religious belief.  However, if the employer can show that accomodating your request to be off on Christmas Eve is more than a minor matter, it will be able to successfully defend.   Bottom line, most folks in the Christian tradition do not want to work on Christmas Eve.  However, it will be a rare occasion where the employer violates the law by requireing someone to work Christmas Eve. 
Answered on Nov 26th, 2015 at 6:51 AM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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