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

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

Post  wazuri77 on Wed Aug 05, 2009 10:11 pm

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!
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If it sounds like a duck, walks like a duck, and looks like a duck it must be a .......

Post  Eric on Wed Aug 05, 2009 10:28 pm

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

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

Post  wazuri77 on Tue Aug 18, 2009 5:01 pm

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

Post  JoeC (McGruff) on Tue Aug 18, 2009 6:00 pm

Have you found an attorney yet or filed a complaint with an agency?
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Re: Terminated - Feedback please..definitely discrimiation...CA! California

Post  wazuri77 on Tue Aug 18, 2009 6:52 pm

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

Post  JoeC (McGruff) on Tue Aug 18, 2009 7:17 pm

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

Post  wazuri77 on Tue Aug 18, 2009 7:19 pm

Thanks! Yes, I explain that my salary is roughly 20k less and I don't hear anything else from them.
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Re: Terminated - Feedback please..definitely discrimiation...CA! California

Post  JoeC (McGruff) on Tue Aug 18, 2009 7:52 pm

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).
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Re: Terminated - Feedback please..definitely discrimiation...CA! California

Post  wazuri77 on Tue Aug 18, 2009 10:42 pm

thanks! and thanks...
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Re: Terminated - Feedback please..definitely discrimiation...CA! California

Post  Endeavor on Wed Aug 19, 2009 2:37 am

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

Post  JoeC (McGruff) on Wed Aug 19, 2009 2:48 am

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

Post  wazuri77 on Wed Aug 19, 2009 7:52 pm

thanks! Yes, I am now telling attorneys before they have me come in for a consultation that I am working.
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Re: Terminated - Feedback please..definitely discrimiation...CA! California

Post  wazuri77 on Fri Aug 21, 2009 8:44 pm

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

Post  JoeC (McGruff) on Fri Aug 21, 2009 10:39 pm

Its does not sound bad are they drafting the complaint?
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Re: Terminated - Feedback please..definitely discrimiation...CA! California

Post  wazuri77 on Sat Aug 22, 2009 12:14 am

attorney will draft and send a demad letter and all negotiatians stemming therefrom, in amending the pending complaint and during the administrative process
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Re: Terminated - Feedback please..definitely discrimiation...CA! California

Post  JoeC (McGruff) on Sat Aug 22, 2009 12:20 am

How much are they charging?
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Re: Terminated - Feedback please..definitely discrimiation...CA! California

Post  wazuri77 on Mon Aug 24, 2009 6:16 pm

roughly 350 per hour.
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Re: Terminated - Feedback please..definitely discrimiation...CA! California

Post  JoeC (McGruff) on Mon Aug 24, 2009 7:07 pm

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

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