Unless you've tested this theory in court it might not be true. It's almost certainly not as cut and dry as you make it seem. Many companies put the same people

Unless you've tested this theory in court it might not be true. It's almost certainly not as cut and dry as you make it seem. Many companies put the same people oncall who write the code, meaning it literally is an essential function of a software developer to provide oncall support. You'd have to argue in court that it's not really essential but it would be situationally dependent. That said, I'd hope most places would be willing to accommodate you. Places I've worked have always treated oncall as a kinda optional "right thing to do". I've never seen anyone punished for missing an alert. You'd have a good argument if that were the case at your company but that approach to oncall is not universal.