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Thread: Termination of Protected Class Employee in At-Will State

  1. #31

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    The minority employee was dismissed not because of insubordination, but due to performance issues. This is why he was subject to the mid-year performance evaluation and later dismissed.

    If his two white coworkers had also showed performance issues, they too would have been given a mid-year performance evaluation and subsequently dismissed.

    If the minority employee happened to be white and showed performance issues, then he too would have been given a mid-year performance evaluation and subsequently dismissed.

    So what evidence is there of racial discrimination?

  2. #32
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    Just keep trying to argue it from your perspective and the zeros will keeping adding onto the end of it. I don't think there is a single HR/attorney who would read these postings and not tell you that your company has a major problem and you are a large part of the issue. I hope you aren't the one advising your employer on how to handle it. Because you are totally 110% wrong!

    And with that, I am done trying to help you or your employer out.

  3. #33
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    Against my better judgment, I'm going to wade in one more time...

    There does NOT need to be evidence that there was racial discrimination. A discrimination suit is not a criminal trial, and you are not innocent until proven guilty. In discrimination suits, the burden of proof is on the defendant. You have to show how the termination was not discriminatory and you can't. You have no documentation. You didn't follow your regular termination procedures. You gave a mid year evaluation as a pretext to fire the person, but gave them no guidelines for improvement, didn't indicate that possible termination was on the table, didn't give them a date by which you expected to see change, nada. You didn't discipline two other non-minority employees for the same crime. You have singled out an employee for disparate treatment from everyone else because of a personal vendetta. THAT is discrimination against that person. The person is a minority. Now it's racial discrimination on it's face. They don't have to prove your state of mind. They don't have to have footage of you dancing around a burning cross in a white sheet to make their case. It is racial discrimination, pure and simple!

    And I'm also on board with the idea that you are MHU.

    I don't think there is a single HR/attorney who would read these postings and not tell you that your company has a major problem and you are a large part of the issue. I hope you aren't the one advising your employer on how to handle it. Because you are totally 110% wrong!
    Whether you are MHU or not, I'm with hr for me. The biggest service you could perform for your employer is resigning immediately.
    Last edited by ferretrick; 11-10-2015 at 02:25 PM.

  4. #34
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    Everything else you said in this thread, and on the other site.

    Now, if you had it well documented that he and he alone had performance issues, had been counseled per your internal procedures on those issues, and failed to meet expectations, then you don't have an issue. But that isn't your situation. You have an employee who along with 2 other employees ticked off a manager 9 months ago, and that manager took it upon himself to look for issues and try and get rid of this guy. His own manager stated in writing that his performance was meeting expectations. If he was not meeting expectations, then the review should have indicated such. As it stands, you are going to have to convince a judge and jury that this guy was somehow different in some way other than race, than the 2 other employees who were also involved 9 months ago, and that his supervisor's evaluation was somehow inaccurate (translation, you can't).
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

  5. #35
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    Quote Originally Posted by throwaway64759 View Post
    What about reinstatement?
    Not a win, a "draw" at best.

  6. #36
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    Okay, I can't do anything about the other two sites but I can here. We're wasting our time here; the OP is not going to believe anything we say. I guess some people need to learn the hard way.

    End of discussion.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  7. #37
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    Quote Originally Posted by cbg View Post
    End of discussion.
    Oh thank goodness!!
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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