Q: I quit my job with an employer because i was harrased everyday about my vegetarian diet but i never told anybody it was
Personal religious dietary choice as a follower of buddhism. I never really much spoke up to the people harrassing me or my employer about the harrasment and why that was the reason i really stopped working there, was this wrong of me to do and was it legal even if i did not speak up about the daily abuse?
A: If you don't speak up, your employer has no way of knowing that it should protect you from religious discrimination. Unless the person harassing you was a corporate officer or managing agent, you do not have a case.
A: You need to sit down with an employment attorney and get into more of the details. You might have some options but more specific information is needed.
A: more info needed.
if you did not complain to your employer you would have an uphill battle to prevail.
how would they know they were not being sensitive and that it was a religious basis for your position?
A: The answers you have already received certainly make clear that you should have put the employer on notice. I agree that in most situations, a failure to complain about the harassment to your employer will prevent you from bringing a meritorious legal claim. However, if you supervisor was one of those people harassing you, the company can be liable for that harassment, even if you did not report it to the employer. If your supervisor was involved in the harassment it would be a wise idea to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.