Would this hold water if i chose to sue in VIRGINIA

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Would this hold water if i chose to sue in VIRGINIA Empty Would this hold water if i chose to sue in VIRGINIA

Post  Verryberry on Sat Nov 29, 2008 6:38 am

I don't want to wast time or money so could someone read my situation and tell me if you think this could be a wrongful termination case or a firing due to discrimination case ?

I was hired by my District supervisor as a Medical Assistant and fired by my Center Manger after about 25 days. No reason given at-will/on 90 day probation. Background info- my Center Manager was new too, had been there only a few weeks prior to me starting. I am the only African American in this division, everyone else is White.

I was hired under the written understanding that I would start with a pay cut from the job I left, undergo training then take a test, and after successful completion of the test- I would then be making more. The agreement was verbally that I was to start training as soon as I started the job but the acceptance letter just said I was to undergo the training. This training was not offered to me during my time at this job.

The Center Manager constantly told me she wanted me to "master the front" before I was to start the training for more money. I was told in the interview there would be on-the-job training. The written job description stated that Medical Assistants would be cross-trained. When I got there, there was no form of training in place. I was not assigned a Mentor. The Center Manager did not orchestrate a way for me to be properly trained all she would say is "I want you up at the front." She never even had her regular/established staff sit back and shadow me on the computer to make sure I was doing things correctly.

The first two weeks I felt as though my Center Manager was trying to humiliate me into quitting. My "training" was basically her telling me everything I said/did was wrong. She even corrected my pronunciation of the word "epileptic" in front of every one. Not against the law I know...but collectively it raises my suspicion. In time that "tactic" seemed to stop

Then she tells me I personally need to clock out when I leave the building for lunch. Unbeknown to her,when I first started the job I asked my co-workers what they did about lunch- if they clocked out. They both said they never clocked out when they left for lunch.

About two weeks into the job I specifically asked the Center Manager if she could arrange to have someone work with me one-on-one to try to master the Electronic Medical Billing/Record Keeping system. She said she couldn't because she was still new herself and didn't know everything and asked if I would mind if she got someone to do it I said no. She never got anyone to work with me.

About 4 days prior to her firing me she told me she had hoped I would have been more proactive in my own training. Despite telling her all the things I learned to do by asking she cited a time where she asked me if she could input some information using my computer and I stood up to let her. She told me I SHOULD HAVE TOLD HER I WANTED TO DO IT. I am not a mind reader. She is the boss, she had no problem telling me certain things before, why hadn't she just told me to input the information??

The Center Manager never gave me so much as a tour BUT she gave her new volunteer (White) a tour and even introduced the volunteer to everyone...but me. The next day she even told my co-worker that had been off the day before that she missed meeting the new volunteer but she would meet her soon.

The first day she told me to watch my other co-workers to get a feel for the flow of things and to ask questions but of course not to ask when they are busy. Then when I met with her the 4 days before I was fired she told me I should have been asking questions especially when they were busy so I could learn... huh???

If my training was on her private life, I would have everything down pat. I knew of her sex life extensively because that was all she talked about and I'm sure I seemed aloof because I stayed away from her when she was talking about that...and her needing to "get some" ...and hooking up with my other co-worker's brother.

Also my co-worker and her were "buddies". This co-worker felt the need to tell another staff person (in my presence) about how a previous staff member shouted the word N*****ER when she was getting a hepatitis shot. This same co-worker made a statement that a client was the same color as her coat....BLACK. This co-worker also said I was "from the hood" I knew what the term "a hot minute" meant. I never told her where I was from.There was an incident where I was asking a work related question to her that co-worker (in front of the Center Manager)- the co-worker stated loudly "NO" there-by cutting me off mid sentence the Center Manager said/did nothing.

Did I document each incident? No but it all happened with in a month's time. I have written down all the incidents and who was standing around.

Did I talk to HR about any of this when it happened? No, I was new and felt that things would settle down after I while- I would get used to them and they would get used to me.

This company has a history of racism. From what I could tell this company had hired very few black employees for the position I had, the company has been here 10 yrs and i think i am the 2nd African American to work there.I think I got my foot in the door because my name sounds Irish and once I did the interview I was impressive.

The day I was fired I emailed the one that hired me and told her I felt my race had a factor in my firing and I also asked her if I could use her as a reference-it's been 3 weeks and I haven't heard back from her. I think as time went on she developed a stronger relationship with the one that fired me. When she came to town she would stay with my Center Manager even though the company paid for her lodging and she is a lesbian.

I was notified that I was eligible to receive Unemployment because I used to work for the State and they are going to pay it. BUT the lady that fired me is contesting it....I repeat,even though the company that fired me ISN'T going to be paying for it!!!!! So now I have to wait until DECEMBER 29TH to do a fact finding interview to then possibly receive pay. I missed 0 days and was late 2x both about 5 mins. The other staff was constantly saying I was doing a good job and said I was a fast learner, the Center Manager NEVER said one encouraging word to me the whole time.The Center Manager knew I had a Mortgage and she knew I was single. She fired me November 7th.(2008).

I noticed my job was posted in the help wanted ads the weekend that I was fired. I sent in a fake resume with a blatant "black" sounding name just to see if they would contact "her" for an interview. I made sure she was perfectly qualified on paper...of course she was never contacted. My job is still hiring and it's the 23rd.

The same week I was fired, I asked the HR lady how I could go about getting a copy of my personnel records. I haven't heard from her to date. Even though I know the Center Manager doesn't have to tell me why she fired me, I sent her a certified letter asking her why I was in fact fired- I wanted to see if she will respond or just brush me off too. I mean If I was bad enough to be fired you would think she would be forthcoming in saying why I just wasn't cutting the mustard.She emailed me back and cited "at will" employment. Yet, she told the unemployment commission I was fired due to misconduct.

So here is what she did basically- fired me BEFORE my 30 days was up so I would not qualify for Unemployment there. She didn't consider that my last job would pay it for me so what did she do after she found out I would STILL get it? Contest it!

I don't want this job back. I want compensation and to teach them a lesson because I think I was fired for being black. I filed with the EEOC and haven't heard anything yet. Does it sound like I have much of a case to you?

I do feel I was treated different due to my race and I'm wondering if circumstantial/statistical evidence can be presented in my situation to prove I was terminated due to my race.


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Would this hold water if i chose to sue in VIRGINIA Empty Re: Would this hold water if i chose to sue in VIRGINIA

Post  JoeC (McGruff) on Sat Nov 29, 2008 1:15 pm

Its possible talk to a employment attorney that specializes in civil rights cases before filing with the EEOC. The co-worker saying nigger does not count for much,but firing you does, you can make a prima facia case.
Under the McDonald Douglas v Green framework you could make a prima fascia case. If that is the only way to overcome the “at-will” presumption take advantage of it.
Under this frame work you have to prove 4 things:
1. Plaintiff belongs to a protected group? Yes 2 female and Black.
2. Plaintiff held the minimum uniformly required qualifications? Yes She was hired.
3. Despite the qualifications she was discharged? Yes
4. Was the job eliminated after the discharge? No

McDonald Douglass v Green frame work:
1. A complaint's right to bring suit under the Civil Rights Act of 1964 is not confined to charges as to which the EEOC has made a reasonable-cause finding, and the District Court's error in holding to the contrary was not harmless since the issues raised with respect to 703 (a) (1) were not identical to those with respect to 704 (a) and the dismissal of the former charge may have prejudiced respondent's efforts at trial. Pp. 798-800.

2. In a private, non-class-action complaint under Title VII charging racial employment discrimination, the complaint has the burden of establishing a prima facie case, which he can satisfy by showing that (i) he belongs to a racial minority; (ii) he [411 U.S. 792, 793] applied and was qualified for a job the employer was trying to fill; (iii) though qualified, he was rejected; and (iv) thereafter the employer continued to seek applicants with complainant's qualifications. P. 802.

3. Here, the Court of Appeals, though correctly holding that respondent proved a prima facie case, erred in holding that petitioner had not discharged its burden of proof in rebuttal by showing that its stated reason for the rehiring refusal was based on respondent's illegal activity. But on remand respondent must be afforded a fair opportunity of proving that petitioner's stated reason was just a pretext for a racially discriminatory decision, such as by showing that whites engaging in similar illegal activity were retained or hired by petitioner. Other evidence that may be relevant, depending on the circumstances, could include facts that petitioner had discriminated against respondent when he was an employee or followed a discriminatory policy toward minority employees. Pp. 802-805.
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