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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?
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?
Posted in these groups: 
Employment
Employment
Posted >1 y ago
Responses: 10
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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).
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).
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MAJ (Join to see)
I'd point you to this guide that may help:
http://www.justice.gov/sites/default/files/usao-ednc/legacy/2011/04/29/EmploymentRights.pdf
http://www.justice.gov/sites/default/files/usao-ednc/legacy/2011/04/29/EmploymentRights.pdf
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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.
I would advise you to edit your post above and remove the name of the business and owner as you have possible pending litigation.
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What kind of religious discrimination are we talking about here? Did the owner not like your religion?
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