Terminated - Feedback please..definitely discrimiation...CA! California

hi all
so i was hired at this job and was working there for about 2.5 months. my immediate supervisor was a white female and i was the only african american and male reporting to her. all my colleagues were white females... although i was told by my supervisor via emails and verbally that i was doing a great job my employment was terminated. her reason was that she felt i was only doing a good job because i was on probation, that i was not providing "reasonable eye contact" and she also mentioned unsatisfactory performance...

in a meeting on May 25th she stated that she was not comfortable w/me and stated my race was a factor. She stated i was not a good cultural fit for the office and was looking "urban". Immediately following this meeting, I overhead her boss, white male, stating “she is not comfortable with him” while exiting an office adjacent to my cubicle.

my termination came a week after this one-one-one meeting and again in this meeting she praised my work etc... and she sent an email to me telling me i was doing a WONDERFUL job ... i found out a day after i was fired i was replaced by another white female

Thanks!

Sounds to me like you have all the elements of a prima facie case of an adverse employment action taken for a proscribed discriminatory reason.

Contact an attorney and/or contact the local office of the EEOC

Eric

Thanks!. Now I am running into a wall because I was able to find employment a month later although I'm making significantly less money. I also realized she stated in my termination letter that I was not able to "culturally" assimilate.

Have you found an attorney yet or filed a complaint with an agency?
JoeC (McGruff)

Yes, I have filed w/the EEOC but considering my past experience with them I have no faith. I am meeting with some attorneys but when I tell them I am now working with a significantly less salary, there's an issue!

Thanks.

That is not much of an issue and you are supposed to mitigate damages to the employer by looking for work. The attorney will tell you that, if anything it is to your advantage to be working, irregardless of the salary if it is a similar position as the employer that fired you that is to your advantage.

It only buttress your case by showing you are capable of doing the job you were terminated from, the employer could have a tough time overcoming that.
JoeC (McGruff)

Thanks! Yes, I explain that my salary is roughly 20k less and I don't hear anything else from them.

Your welcome I P.M'd the moderator of this forum who has more experince with these things. By the way how do like the avatar I gave you? You would have to contribute many more posts to rate the great one Dr. Julius Erving (AKA Dr.J).
JoeC (McGruff)

thanks! and thanks...

Given that you have a duty to mitigate your damages, it's a positive thing that you are working now, even if it is for less money. You should be able to recoup the difference between your previous and current salaries, plus benefits. However, I can see how some attorneys may think you do not have a big enough damage potential to take your case, particularly on contingency. I would let the EEOC continue to investigate and in the meantime, keep shopping around for attorneys.

Endeavor wrote:Given that you have a duty to mitigate your damages, it's a positive thing that you are working now, even if it is for less money. You should be able to recoup the difference between your previous and current salaries, plus benefits. However, I can see how some attorneys may think you do not have a big enough damage potential to take your case, particularly on contingency. I would let the EEOC continue to investigate and in the meantime, keep shopping around for attorneys.

...and better jobs as well. There is nothing that says you cant earn more money than the job you were terminated from. If a case is made this could last a long time before a settlement is reached.
JoeC (McGruff)

thanks! Yes, I am now telling attorneys before they have me come in for a consultation that I am working.

so i finally found a reputable attorney to represent me but its only for the EEOC administrative process. is that a good ideal? i have been on the fence with it. the language of the contract also suggests that if the case goes to court they may represent me? hmm

Its does not sound bad are they drafting the complaint?

attorney will draft and send a demad letter and all negotiatians stemming therefrom, in amending the pending complaint and during the administrative process

How much are they charging?

roughly 350 per hour.

Well don't keep calling them on the phone unless it is very important once the lawyer picks up the phone the billable hours kick in. Read the agreement that you signed with them over well.
JoeC (McGruff)