Legal Question in Employment Law in New Jersey

i work at the cheesecake factory. i disclosed on my interview that I was a vegan. I have been pressured and harassed to eat the food. and now my employment has been threatened after being mocked and ridiculed. I have a perfect employment record and love my job. can they fire me for being a vegan?


Asked on 7/28/10, 4:01 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Please give me a call at 201 820 3460. what you are describing sounds very unfair, and I would like to put you in touch with a friend of mine who does this kind of law (representing employees who have been mistreated).

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Answered on 8/03/10, 7:30 am
Fred Shahrooz Scampato Law Office of Fred Shahrooz Scampato

There is no quick and simple answer to your question. I would suggest that you schedule a consultation with an employment law attorney to fully discuss all of your issues. However, here's a thumbnail sketch. State and Federal law protects individuals from discrimination, harassment and wrongful termination if the harassing employer is motivated by prejudice against the employee for being a member of a protected class. Protected classes include the following: race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, familial status, liability for services in the Armed Forces of the United States, disability or nationality. As you can see, there is no specific protection for eating preference. However, if you are a vegan due to a religious affiliation (e.g. Hinduism) and it is "part of your religion" to remain vegan, then you may possibly raise a civil rights claim. Additionally, if the Cheesecake Factory has an employee handbook and that handbook expressly protects employees from ALL types of harassment or discrimination, then under certain circumstances you can raise a claim in court, arguing that the company breached its own policies. As I mentioned, your best recourse is to immediately see a competent employment law attorney.

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Answered on 8/06/10, 8:18 am


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