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Wrongfull termination and Religious discrimination

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yellowmxwheels

Junior Member
What is the name of your state (only U.S. law)? California

To make a long story short the company I have worked for 7 1/2 years just fired me. I work in the gaming industry and we were just awarded 4 diamond status. Now casino is going for 5 diamond and they are letting the people that have been there along time go. They are going for a younger look. About 3 mos ago we were pulled into a meeting saying that we would have to reapply and audition for our jobs. I was called later that night by HR telling me that I wouldn't be getting an audition for my job because I have a beard. They know I won't shave my beard. (I have it for Religious beliefs) I reminded HR that and they told me they would call me back (The P&P's says you are allowed a beard no longer than 1" in length). 3 mos later and no call back or explanation. So about 3 weeks ago I get sat down by a Manager telling me I need to sign a memo. I start reading it and pretty well hidden is a part saying that all team members have to be clean shaven. I tell her that I cannot sign it and she says I know you wouldn't. So now I start recording all meetings with Management.
I'm Union and in the agreement the Union has with the casino it states that there is to be 14 day advance notice on any scheduling changes. I came into work last Friday and the schedule was changed with only 5 days notice. I told my Manager I would not be able to work that day because I have other obligations. She told me that if I didn't come in I would be fired. I reminded her that the schedule wasn't posted 14 days in advance and she said it didn't matter. I didn't go into the work the day she added and when I got back into work on Friday and they pulled me right to HR with the HR rep that originally denied me a audition the Manager that made the schedule and a new Manager. So while I'm fighting my case they didn't want to hear it. The new Manager looks at me and says "why aren't you shaved?" I said ask those two. They didn't answer him so I told him I had it for Religious beliefs. He gives me this look and asks sarcastically "Oh what Religion are you?" I say to him "You can't ask me that. I'm pretty sure that's illegal" HR rep gives him a look like you idiot shut the hell up.
So I have this whole meeting recorded along with other meetings with Managers that don't agree with what upper management was doing. I have all great reviews and was one of the top performers at my job.
It all comes down to the casino wanting younger people not better people and doing anything to make you quit or fire you.
Also I was hired with a beard and the rules have always allowed them.
So what do you guys think my options are?
 


OHRoadwarrior

Senior Member
I don't think you have any firm basis to sue. You're story is all over the place. You say you were let go because of your age (yours unknown). You say you were let go because of your beard. You say you were let go as part of a company restructuring for the classification areas in and around yours. You say you were let go for refusing to work when scheduled.

File for UI and give us better info.
 

swalsh411

Senior Member
What is the name of your state (only U.S. law) He gives me this look and asks sarcastically "Oh what Religion are you?" I say to him "You can't ask me that. I'm pretty sure that's illegal"
So let me understand you correctly. You claim that a policy which applies to everybody else (no beards) does not apply to you because of a religious belief, yet you are unwilling to articulate that?

At your next job you should drop the entitlement attitude. Nobody likes that.
 

Proserpina

Senior Member
The employer has the right to govern grooming to a fair degree; the real question here is was OP fired solely because of his beard (which, believe it or not, may be protected - we need more details).

Since this is a somewhat "hot" topic, OP may want to look at some recent case law out of California.

One small thing though - OP best have permission of EVERYONE involved in those "recorded meetings".
 

OHRoadwarrior

Senior Member
So far the only things floating are the religious beard and being fired for age. He does not want to articulate more specific info to enable a better analysis.
 

cbg

I'm a Northern Girl
There are religions which require men to have beards. Employers are required to accommodate such beliefs unless there is some health or safety related reason why they cannot. It doesn't sound as if this employer has one.

While we do not know the age of the poster, we all know that age is a protected characteristic.

All in all, I don't think it would do the poster any harm to consult with an employment law attorney. I don't think he's got a slam dunk case but I do think he's got a possible wrongful term claim.
 

swalsh411

Senior Member
If you're going to claim exemption from a policy due to religious belief the burden of proof is on you to show this is a bona fide belief and not just something you're making up because you would prefer not to abide by the policy. OP shot himself in the foot when he got an attitude in response to this (perfectly reasonable) question.
 

commentator

Senior Member
I am actually not seeing this person having a very good chance of being approved for unemployment benefits. He was terminated, he did not quit the job, as they would have hoped he would. In order to get the benefits denied, the company must show that they had a valid, misconduct reason to terminate the individual.

Was he terminated for failing to shave off his beard after being told it was no longer acceptable for working at this company? Whether or not there was religious discrimination involved, or age discrimination involved will NOT be issues to be decided by the unemployment system. What they'd be looking at in this scenario is "Did you know that this was a requirement, and had you been told that your failure to shave was going to directly result in your termination?" And "What did you do to try to resolve the situation?" And with your total refusal to explain to your employer what religion you were exercising that required you to wear a beard, your unwillingness to negotiate or discuss the issue, you practically dared him to terminate you. But it sounds to me as though the actual reason for your termination might have been the refusal to work the changed shift. At what point, and for what reason did they actually tell you that you were terminated?

They might bring a little bit of an insubordination issue into the discussion. Being assigned a different shift without 14 days notice and being terminated for your refusal to do so may be something that your union should deal with. Have you discussed this termination situation with your union representative? It will be interesting to see what comes of your filing a claim, what decisions are rendered.

But by all means, while you are checking with an attorney, and possibly filing a complaint with EEOC related to being terminated due to age discriminiation, and I do agree that you might want to run this past an employment attorney, but anyhow in the meantime, do file for unemployment insurance at once if you have not already done so.

Any such settlement or decision as would be related to whether or not your firing was legal or illegal will take a long time to sort out, you need unemployment benefits immediately. And it will help to lay out the pertinent details of your termination as you are filing this claim and having unemployment decisions made about the issue.
 
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yellowmxwheels

Junior Member
I'm 36(a young 36, I still get carded). I've been with the company for 7 1/2 years. All of my previous Managers knew I had the beard for Religious beliefs. My question is why would I not get to interview and audition for my job that I've had for that amount of time? A job where I have received 1 of 2 awards given out for the whole year? Where I made the casino a lot of money. There is nothing in my file that says I couldn't do my job. The casino is going for that younger look. Why would HR say that is the reason for not getting the interview. Like I mentioned the P&P's state you can have a beard up to an inch.
As far as the Manager asking my Religion he said that as I was being fired. They already had their minds made up. Me saying You can't ask me that didn't get me fired.
But my understanding is that they can't ask you what your religion is. This Manager is middle eastern so If I tell him and he doesn't like what he hears then what? I go complain to the same HR that did nothing with my previous complaints?
 

swalsh411

Senior Member
But my understanding is that they can't ask you what your religion is.
You're wrong. If you can't/won't articulate your need for accomodation based on religion, then they don't have to give it to you. And they can change their beard policy at any time.

Your have a lot of interesting theories I'll give you that.
 

yellowmxwheels

Junior Member
I've already filed for insurance. The company is known to fight everyone and then not show up to court.
They told me I would be fired when I brought up the scheduling conflict. Knowing that it's a union rule for 14 days advance notice of any schedule change I told them I would not be coming in. I even called 3 hours prior to the shift starting to talk to a manager to make sure the message was relayed. I've called my union but I don't think anyone is in the office this week because I can't get anyone to answer.
I figure union contracts are union contracts. I mean if I want a day off I have to give them 30 days notice. I've had a couple of instances where something came up and I gave them like 27 days notice and I got denied because it wasn't 30 days.
 

yellowmxwheels

Junior Member
You're wrong. If you can't/won't articulate your need for accomodation based on religion, then they don't have to give it to you. And they can change their beard policy at any time.

Your have a lot of interesting theories I'll give you that.
No accommodation was offered. It's been 3 mos since the change in the rules. HR was supposed to call me back with a solution. They never did. They just kept trying to sneak in memos for us to sign.
 

cbg

I'm a Northern Girl
36 is not old enough for an age discrimination claim. So that's not going to fly.

The law does not say that they cannot ask what your religion is. The law says that they cannot make employment decisions based on your religion. Since they cannot be accused of making decisions based on your religion if they do not know what your religion is, a smart employer does not ask it.

This is a different situation. They are setting a dress code. You are asking to be excepted from following the dress code based on your religious beliefs. You may be entitled to such an exception but your employer does have a limited right to make inquiries about your beliefs. That's going to mean asking questions.

If a union rule has been violated your recourse for that is through your union. The law does not require a 14 day notice of a schedule change - therefore the law is not going to force the employer to provide that notice. Since it's a union regulation, the union has to be the one to take up that banner.

You MAY have a wrongful term claim based on a lack of a religious accommodation. You MAY have a union contract breech. They are two different issues and need to be fought on two different platforms. Neither one affects the other.

Speak to an employment attorney about the first and your union rep about the second.
 

OHRoadwarrior

Senior Member
If you have an alleged violation of the contract, you are supposed to do what you are told, then file a grievance. Had you contacted your union rep, you would have known this. Had you exercised your Weingarten rights and union protections, you probably would still have a job.
 

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