True. If my interpretation of the law holds up I plan on forcing them make good on the threat to terminate me by restating my request that Sundays are off the table. An unlawful termination or termination without cause is grounds for unemployment, so I'll be in a position to find another job without worry that the bills will pile up.

Even better I might already have something that is right up my alley and tonight my updated resume is ready to go! :D

Good luck with it, Chewie.

There must be lawyers in Mass who deal with these sorts of employment law issues. Large firms are often "full service" in the sense that they try to have someone to cover every conceivable area.

I suggest you ask around and see if you can get a reference from someone you know.

It would be worth a quick interview with a lawyer, if only to find out the various legal requirements. Better to go too early than too late, because it's remarkably easy to screw yourself over by a misstep early in the process. I'm in the process of getting my law degree and I'm working in a law office right now. I've had several employment-related files cross my desk where people have created difficult problems for themselves that could have been avoided. Make sure to stay squeaky clean until at least after you've seen someone who can give you advice.

I would go to the department of labor for help. You may have to prove Sunday is a special day for you, i.e. religous or otherwise. Some states allow for the day of worship to be work free weather that be Sunday, Saturday or any day of the week as long as the employee can proove they use it for that purpose. Human resorces and the department of labor should be your best friends for now I would think.

<font color=skyblue>About ten years ago, I was asked to work on a Sunday and of course I refused. They would not let it go, and kept badgering me about it all that week, telling me that there was no choice in the matter. That is when I had the brilliant idea to tell the CEO that I would work on Sunday under one condition...that I not receive payment for my time because I could do the job as a favor to him but could not call it employment under my religious values. Therefore, not being paid to do the 'favor' was the only way he'd get me in the door.

When he realized how 'serious' I was being, he dropped the whole issue and did not force me to do it.

Later, on an application for another job, I specifically mentioned in writing and in the interview that I would never work on a Sunday. Somebody told me that since the company still hired me to that position after reviewing my 'contract' application that they were bound by those terms and would never be able to force me to do it because they had accepted my legal terms on the application.</font>

Massachusetts law is on my side! I spoke to a most helpful state attorney who really made me feel like my tax dollars were being not wasted when it comes to protecting my lawful rights. :D

The MA law is so general I can take my lawfully rightful Sunday day-off for any reason- not just religious.

Although the list looks long, it seems few types of retail stores can be exempt. Theorectically every employee of most every store in the mall could rightfully take Sunday off. That could close the mall but most retailers pay the time and 1/2 as the law requires for incintive. Most places, it seems, have competent lawyers.

My employer does not pay time and a half and manipulates the store's schedule to insure no more than 7 employees work on any given day in any one store to skirt around the law. The friendly State Attorney I spoke with was very interested to hear this and expressed the opinion this might not hold up in court. It's untested. Simply put there is a lawsuit waiting to happen here.

I'm not even past finding an attorney so I'm gonna stick to just getting that day off which is firmly worded law. ;)

Too bad retail labor unions are far and few or else I'm sure many more folks would have a chosen day of rest. Also Massachusetts is the only state with this kind of broad Sunday work law. One in WV was rewritten just last year.


Thanks everyone for sharing! I was out-of-my-head yesterday but friends here and all over inspired me not to take getting treaded upon lightly or without seriousness. I'm no longer mad- I'm freaking determined. Ya'll are great. :D :D :D

I don't know if I agree with the "talk to HR" advice. That's "talk to the other side" advice, at best. Why not just talk to the boss, he'd hear about it anyway.

Seems like you have your bases covered, though. Never forget, fighting them on things they CANNOT fire you for may simply make them look for things they CAN.

Best of luck, write if you need help, I have a labor attorney only a few steps away from me if you need. He's Illinois-specific, but could point you in the right direction.

Darn right. That's why I said to keep squeaky clean. Cheap employers (like your boss, apparently) tend to break all the rules in getting rid of people who don't toe the line. Of course, it will end up costing them more to hire a lawyer to defend themselves against a wrongful dismissal action.

But if the law is that clear in your state and your boss has the slightest vestige of brain in his head, he will not pursue termination. Just beware of other reprisals.

It shouldn't be that way in the employer-employee relationship, but sometimes it is.

I consulted with the labor attorney I know, and he confirmed your best bet is to contact your local office of the Department of Labor. Now, the State Attorney you contacted may help, but possibly not as much as the DoL, so I suggest that if you continue to have problems, you contact DoL. States Attorneys, in states I've seen, can't really do what the DoL does -- which is start a regulatory proceeding or review of the workplace.

Some 2-cents, hope it helps.

Hey T.L. thanks for your input!

Here in MA, a division of the AG office is in charge of investigation and enforcement of labor laws.

The State Attorney I spoke with is part of the Labor division. She explained to me that her deparment's role was to offer advice on the legality of the situation and to then guide me to the AG to file a complaint.

Now is the waiting game! As I prepare my complaints I wait for the hammer to drop. I was not required to work yesterday and was told that my notification of no work on Sunday would be honored until they heard back from HR. Tomorrow is my next day at work.

Tick-Tock-Tick-Tock-Tick-Tock.... Ah atleast I have a million and 1/2 leaves to rake here at home today to keep me busy and my mind off it all! [img]tongue.gif[/img]

[ 10-31-2005, 01:28 PM: Message edited by: Chewbacca ]