Can Walmart make my son work Christmas Eve?

[EllenFrasier]

My son is a minor. He has been working at Walmart for about 2 months. He received his schedule and he is scheduled to work on Christmas Eve. We normally go to church on Christmas Eve, so this is throwing our whole family off. Not only will he not get to attend church services, but neither will one of us parents.
My husband seems to think that an employer cannot make you work if you have a religious obligation like church services. Is he correct? I cannot find anything on Google about it.

 

[chloelovesdisney]

My son is a minor. He has been working at Walmart for about 2 months. He received his schedule and he is scheduled to work on Christmas Eve. We normally go to church on Christmas Eve, so this is throwing our whole family off. Not only will he not get to attend church services, but neither will one of us parents.
My husband seems to think that an employer cannot make you work if you have a religious obligation like church services. Is he correct? I cannot find anything on Google about it.

Yes, they can make you work on Christmas Eve and in retail just about everyone does work on Christmas Eve. It's the nature of the job.

 

[momof1princess]

yep, in retail, there are pretty much no off days around the Christmas holidays. a friend of mine is a manager at walgreens, and he doesn't have another day off until january. however, if your DS has been scheduled to work more hours than your state law allows for minors, that could be an issue.

 

[goodeats]

I'm assuming you don't go to church all day on Christmas Eve. Can your son trade his hours with someone else and work early in the morning?

 

[Disneyland_emily]

In short- Yup they can require work if you have open availability and or are regularly required to work said day of the week.

Add the fact it being a day the large majority of people have a reason they don't want to work makes it less likely a case by case exemption possible...

-em

 

[petchie]

Christmas Eve is not a religous holiday. Christmas is. There is no law that says an employer has to give any religous holiday off, nor any day you normally go to services.

Yes, this is the world of retail (and healthcare) If he is scheduled to work, he has to work it. Calling off on a day like that is sure to get you fired.

 

[Tinker'n'Fun]

My son is a minor. He has been working at Walmart for about 2 months. He received his schedule and he is scheduled to work on Christmas Eve. We normally go to church on Christmas Eve, so this is throwing our whole family off. Not only will he not get to attend church services, but neither will one of us parents.
My husband seems to think that an employer cannot make you work if you have a religious obligation like church services. Is he correct? I cannot find anything on Google about it.

They definitely can make him work and most (I know not all) religions have more than one mass/service for the holiday. They would just tell him to attend a different Mass. Your best bet is to see if he could switch shifts with someone with the same job as your son that is working a different shift.

 

[mousebymarriage]

It is my understanding that your employer can make you work regardless of your religious obligations. Some employers may allow you to use a vacation day (if you get vacation time), but some employers have specific policies that do not allow employees to take off certain days. For example a few years ago DH worked part time for Modell's Sporting Goods (he did this for about a year for extra money-we were using the money to cut down our debt). He worked a few evenings a week and on Saturdays. Anyway, when black Friday was approaching all the employees were informed that absolutely no one was allowed to take the day off. they were told this about a month or so before. DH wasn't happy about it but he went to work bright and early that morning as did everyone else except 1 young man, he never showed up and never called, when he showed up the next day he was told by the manager that he was fired and to go home. Now, I don't know if he was fired because of not coming in on Black Friday or because he didn't bother to call and let them know he wasn't coming in.

I also don't think it makes a difference if your son is a minor. He accepted the job and he has to work when he is scheduled even if it's an inconvenience. Unfortunately, working holidays seems to be becoming the norm.

 

[LisaR]

Christmas Eve is not a holiday.

 

[bunkkinsmom]

My son is a minor. He has been working at Walmart for about 2 months. He received his schedule and he is scheduled to work on Christmas Eve. We normally go to church on Christmas Eve, so this is throwing our whole family off. Not only will he not get to attend church services, but neither will one of us parents.
My husband seems to think that an employer cannot make you work if you have a religious obligation like church services. Is he correct? I cannot find anything on Google about it.

What state are you in? Different states have different minor work regulations. Did your son ask off for Christmas Eve stating he had a religious reason for needing it off? As a previous General Manager for restaurants as well as retail, these are the first questions I would ask.

Personally, if your son did not ask off for that night then it is his shift. And if he did ask off, did he specify why? I found this answer in several places, including an attorney's employment blog:

As she correctly notes, the basic principle is that “under federal law, employers must make a reasonable accommodation for employees’ religious beliefs and practices. If a worker’s absence causes an undue burden to the employer, they can say no.”

So basically, they can make him work. Is it a crappy thing to do? Yep, but he has to give them an opportunity to satisfy his request. So I guess I have already asked the key question: Did he ask for it and state why?

 

[AustinTink]

Yep, that's the way the cookie crumbles. When I was a minor, working at the mall I worked Christmas eve. But, back then in the 80's the mall closed at 6, so I made it home for church services. These days the stores NEVER seem to close!

 

[LuvOrlando]

I once took a stand about getting off for Christmas Eve. My point was, if all the Jewish folks can get special permission to leave work early to get home before sundown (VERY common in NYC) they need to extend the same courtesy to me for my holiday, which also runs from sundown to sundown, hence Saturday evening services count for Sunday. They tried to pull the whole volume issue with me and I just stood my ground claiming it's not my problem that other people of my Faith don't observe their holiday or insist on it, I do and that's all that matters. If they are ok with letting others off for their holiday they need to do the same for me, the managers didn't dare push it any further than that.

Keep in mind there is always the possibility that a job can be terminated over this sort of thing, legally or not, so your son needs to be sure he can walk the walk if he's willing to talk the talk. In my case I just wasn't going to back down. Equal rights for everyone includes me and no-one was, or is, ever going to tell me different I'd fight for someone else so I'm definitely going to fight for myself too

 

[xJenna]

Yep, that's the way the cookie crumbles. When I was a minor, working at the mall I worked Christmas eve. But, back then in the 80's the mall closed at 6, so I made it home for church services. These days the stores NEVER seem to close!

Most malls close early Christmas Eve for the most part. Last year I worked Christmas Eve and the mall closed at either six or seven, but I was there until 10 I believe. I was livid to say the least.

 

[Hannathy]

I don't get why his working will keep you (both parents, rest of family) from going?

 

[RadioNate]

I don't get why his working will keep you (both parents, rest of family) from going?

I was wondering the same thing. Why is this throwing everyone into a tail spin? Mom, Dad and the rest of the fam go about the day as normal. Minor child joins them before & after work. Happens all the time in retail & plenty of other professions.

Bottom line is unless he can find someone to take his shift, he's working. As a former retail manager I can promise if he no shows or calls in he'll be let go.

 

[disneyhand]

In the retail world, pretty much no employee wants to work Christmas Eve, for lot's of reasons. If the store is open the management has to staff it.

As your children grow up, you will sometimes need to be flexible to accomodate their work, school, activities and relationships. That's just how it is. Try to work around it, don't give him grief. Him going to work is the right thing to do.

 

[mamacatnv]

We have had to bump up the time we eat dinner on Christmas Eve due to DS's retail job. He has to work until close which is 6 p.m. We have our big family event on Christmas Eve. If we go to church we go to the midnight session.
Its hard when the kids start to get older and you find yourself juggling their jobs more than your own.

I assume the reason another family member needs to miss church is to drive DS?

The employer can make them work as long as they are not violating some sort of child/minor labor law. They can make them work any holiday as long as they pay the appropriate wages as dictated by either the state or the federal wage requirements. Christmas Eve is not a holiday.

You say your DS has only been with Wal-Mart for 2 months? Was he hired as a seasonal worker? If not he is still probably low on the seniority totem pole.

 

[wilderness01]

I think they can make you work.

 

[Belle Ella]

Well, they can't force a gun to his head and make him show up, but the alternative would probably lead to termination, lol.

But that's just the way things work in retail, especially if your son was hired as a seasonal employee which is what it sounds like to me. It's "all hands on deck" during the Holidays.

 

[PixieDustandEeyore]

I was wondering the same thing. Why is this throwing everyone into a tail spin? Mom, Dad and the rest of the fam go about the day as normal. Minor child joins them before & after work. Happens all the time in retail & plenty of other professions.

Bottom line is unless he can find someone to take his shift, he's working. As a former retail manager I can promise if he no shows or calls in he'll be let go.

I assumed because one parent must drive their son...