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Ask Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Hi, I am a former City of Stockton employee. I was fired May

Customer Question

Hi, I am a former City of Stockton employee. I was fired May 2011 for misconduct. I am a liscensed water distribution operator and was employed for over 2 years as a Water Systems Operator for the city. The union representation was impotent at best. I was the only African-American operator employed by the city at the time. The last African-American operator employed previously was also fired. I earned complete satisfactory work performance reports throughout my history with the city. But I was involved in a verbal confrontation with a civilian who hit and run my city work vehicle. After termination, my unemployment benefits were denied, but was subsequently reversed through my personal appeal by a neutral judge. The city did not choose to refile their appeal. Do I have a case? Any response would be greatly appreciated.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Did you file a grievance alleging race discrimination through the union?

Customer: replied 5 years ago.
No. I don't have any hard evidence to prove racial discrimination. Just the fact that in the last 5 years, both African-American Water Systems Operators employed by the City of Stockton were terminated.
Expert:  Tina replied 5 years ago.
I see.

Such cases are typically proven by circumstantial evidence and evidence indicating that minority employees are being terminated without good cause is normally very persuasive evidence.

Before filing a complaint with the EEOC or state employment commission, you are typically required to exhaust your remedies by filing a grievance with the employer. If the matter is not promptly resolved in your favor, then you should proceed to a formal complaint normally.

It is best also to retain a local employment law attorney to represent you. The facts do indicate race discrimination is likely involved, but you need to retain an attorney to aid you in seeking lost wages and benefits.

Look for attorneys who take contingency fee cases.

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