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Thread: Wrongful Termination New York

  1. #1

    Default Wrongful Termination New York

    Edited due to confidentiality.
    Last edited by Anna.Cant.Win; 11-25-2015 at 08:18 AM.

  2. #2
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    We have no details re the discrimination. All discrimination is not illegal. You just can't be discriminated against due to a reason prohibited by law such as religion gender, race......

    In at-will employment you can be terminated at any time for any reason except a reason prohibited by law or unless you have a binding employment contract to the contrary.

    Just changing the reason for your termination in & of itself is not illegal.
    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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  3. #3

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    Edited due to confidentiality.
    Last edited by Anna.Cant.Win; 11-25-2015 at 08:19 AM.

  4. #4
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    Quote Originally Posted by Anna.Cant.Win View Post
    I am making a charge of retaliation, not necessarily discrimination. Isn't it illegal for an employer to retaliate against an employee because the employee complained of discrimination, whether the complaint is valid or not? The discrimination was based mostly on gender, but I didn't state that in the note because he knew why he was discriminating already and I hadnt planned on anyone else seeing that complaint.

    Regarding Mike changing the reason for termination: I should have said, I know he can try to change his reason, but honestly, wouldn't it be hard for the EEOC and a judge to believe that his revised reason for termination is legitimate, given he changed the reason in response to me notifying him that his first reason is illegal? And when they see that he fired me the morning after I sent him the complaint email? Isn't that a bit too coincidental?
    It isn't illegal retaliation if what you complained about wasn't illegal discrimination. It doesn't sound like your email was an official filing of a valid complaint but rather trying to tell your boss what changes you want.When you complain about your boss (or even worse your boss' boss) you can expect to be termed. If you aren't termed, it is great but by complaining you really kill you career with that company.

    I have termed people after the employee has complained. A termination may be planned days in advance. So it is possible that your termination was already planned and it was bad timing that you emailed your boss prior to the termination.

    The EEOC only cares about retaliation if your original complaint was against the area of the law they handle. Keep in mind that any EEOC complaint can take months or years to wind its way through the system. That isn't going to be a quick or easy solution. Every aspect of your employment and the company's response will be picked apart.

    Care to tell us details of what you think is illegal termination?

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    Does the company have a formal procedure/policy for reporting discrimination? If so, you should have used that. Based on what (and how) you have written, it sounds like you wanted to tell this guy off and get away with it. Many employees think many things are illegal discrimination, but if you thought that, there were much better ways to go about it than how you did. And many of those things that they think are, really aren't.

    As for him changing the reason, do you even have his first reason in writing? I know you responded back with another mail but did he actually put the first reason in writing? Because I agree with the others that he can have more than one reason and honestly anybody who goes about solving a problem (discrimination or other) the way that you chose is limiting their career opportunities. Did you ever speak to your own boss about the issue? Did you ever speak with HR? etc

    Unless you actually can prove illegal discrimination, I don't see where you will have any type of case for your claim of retaliation.

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    Your 1st mistake seems to be sending that e-mail to "Mike."
    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

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  7. #7

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    There is actually a lot more involved than what I've written because I want to keep the situation, as a whole, confidential. The manager was engaged in a scandal, which led to the discrimination (intending to force me to quit). I am hoping to be able to leave his scandal out and only charge with retaliation. I was hoping to get a couple of legit answers based only on the retaliation part, but the people who have responded I don't think have read the actual laws, plus are very biased against the employee. The violations are listed on the EEOC website and are clear. His retaliation is definitely illegal. My question involved his changing from his true illegal reason once he learned he had committed a violation with the first reason. Thanks for trying to help.

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    I don't think you are going to be able to go for a retaliation charge without the backup reason of the scandal and how that caused the possibly illegal discrimination in the first place. Because retaliation in and of itself is not illegal, just like discrimination in and of itself is not illegal. It has to be for very specific reasons/protections (gender, religion, race, etc). Maybe it is, but maybe it isn't. (I'm not sure how a scandal leads to illegal discriminatory actions, so it is hard to tell if you are unwilling to share even the most basic facts of the situation).

    Many of us who post out here have a lot of HR and employment law experiences and know that it is never black and white. There are always factors and individual facts that come into play. You may think you have a slam dunk case and you may. It does happen. The EEOC written documents online are pretty good, but I've seen many people rely on them without realizing they are very pro-employee biased (and they are interpretations of the law and cases with specific sets of facts -- not the actual law itself) All I can suggest is that if we aren't helping you that you visit with a local employment attorney and get their advice.
    Last edited by hr for me; 11-25-2015 at 09:53 AM.

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    Agree with discussing with an employment law attorney - someone you can discuss complete details with.
    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

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  10. #10

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    Yes, I already am working with a lawyer and so is the exec. My lawyer and his lawyer both think I have a good retaliation case (however, now he is changing his reason, which is dishonest and...I don't know how that will affect things). Not only do they know about the retaliation but there is another witness - he told a friend of his that he was firing me due to the email I sent. I did not send the email to piss him off, but rather to try to make him stop discriminating and to act professionally. Although, I knew I was already basically gone when the discrimination issue started. What happened, basically, without giving too much info is he was committing a scandal and was using me as part of it (and he needed a female, in particular, to use for the scandal; I did not know there was even a scandal taking place). Once his scandal unraveled, he felt he didn't need me anymore, and in fact it would be risky for him to keep me, so the day after the scandal unraveled, he tried to get rid of me by implementing a policy on only me - a policy that would be impossible to adhere to. This is the discriminating behavior to which I was referring. It was at this point I sent the email/complaint, as it was kind of a last attempt to get him to be reasonable. And then he used the email as the reason he terminated me.

    I'd like to ask for anyone who replies to not include this post in a quote. If there is anyone who has any experience or education related to this kind of thing, I would really appreciate it. At first I felt like I would get justice, but now he is flat-out lying about everything, and I'm not the type of person who collects documentation as I live my life, on the chance I'll need it later as evidence for a trial.

  11. #11
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    I am still confused....he used you in some type of "scandal" then wanted to get rid of you once it was found out. Was this "scandal" actually illegal behavior? (fraud/stealing money from the employer/etc versus something like covering up an illicit affair?) By you using the word "scandal" that screams drama or bad immoral behavior rather than illegal behavior. Employers are allowed to be unethical and/or immoral unfortunately.

    And how did he discriminate against you? Are you claiming it is because you are a female ? Or because you were or weren't willing to be part of the "scandal"? And that he wouldn't have terminated a male employee who refused to go along with the "scandal" or that sent him that email? Are you sure he's never terminated another employee of either gender for the same thing?

    If it was just bad behavior and not illegal, I still don't see where you have much protection, but your attorney is a better judge of all the facts. I am a bit surprised that his attorney would be admitting or agreeing that you have a good case (even if you do).

    I know you don't want to put details out here, but without them, it's hard for us to assume and speculate.

  12. #12

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    Okay, I guess I would just need to provide more info to complete the story. But thank you for your help. There are a couple of things you gave me that I need to make sure I'm on top of.

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