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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My relationship with this one customer went bad not because

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My relationship with this one customer went bad not because of my competence , but because of bad spare parts . I don't blame users for being angry- they have a job to do. I complained that my spare were not standing-up to the volume being run. I complained to our buyer and the vendor. Of coarse everyone is looking for the cheapest solution. My reputation suffered. Rather than sending brand new spares , I got rebuilt ones . Things improved for a short time. But for a trio of (white) gals, there minds were made up. A survey was sent out regarding a device I worked on . She responded very negatively . I wrote thst I understood her position and hiw essential the machine was to her job performance. i promised that once it was running right I would come by and make spot checks to be sure it was running. An interesting note- when I met with the dissatisfied user, she didn't recall writing it. No one else could've written it. I think she was surprised I read it.
Anyway , her bosses contention that I made unannounced visits is so puzzling. My associate at this site , a guy who goes around performing inventory and administrative tasks would walk around unannounced without a problem. *He is white.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

1. How long ago did this all occur?

2. Are the people you say are discriminating against you based on your color, employees of your company, managers of your company, or not part of the company you work for?

Doug
Customer: replied 1 year ago.
Doug,
I was terminated Mar 28 2012.
The embellished/false statements are from customers of our customer and/or my management . So, there are about four entities: My former employer who was contracted under a large computer company. That company serviced a large Health care provider. There maybe a fourth company which handles the business end of healthcare.

I had an associate who had a reputation for being a lousy tech AND mean.
He appeared angry when he had return to fix something he couldn't fix the first time. Early on he hit a pedestrian with the company car. Boss went out to the site many times to "smooth things over". He kept his job until he threatened boss . He is white

There was another associate who is from another country but racially white . A Customer didn't like him. Didn't want to see him . He kept his job . Somebody else was sent to the site.

In my state you can get fired for any reason. I understand that. This is the most disorganized company I ever worked for. Based in TX . I saw my boss maybe once a year. It's the way I was fired that really gets to me.
Expert:  LawTalk replied 1 year ago.
Good morning Manny,

Thanks for the additional information.

Unfortunately, you have waited too long to bring this to the attention of an employment law attorney. Under the law, if you are discriminated against by your employer, a supervisor of your employer or a co-worker, you have only 180 days after the act of discrimination to file a formal complaint with the EEOC. The filing of this complaint is mandatory before you can gain the legal right to sue your employer for discrimination.

As more than 180 days have passed---and even more than the 300 days that would be an extension if your state has an agency responsible to accept complaints of discrimination---there is no legal remedy for you---I am sorry. I wish that the facts were different and that you still had time to seek a legal remedy.

I wish you the best in 2013.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.

Thank you,

Doug

Customer: replied 1 year ago.

I never wanted to play the race card anyway. I truly believe that people in positions of responsibility don't consciously act on their prejudice thoughts.
Furthermore my therapist ( i am a lifelong sufferer of ADDHD)advised me to let it go and move on. So it took some time to string this all together all this facts whenever I thought about it.

What I am really clinging to is what was said about me in the Termination Letter. How the manager painted me as some sort of weirdo who shows up and makes people ( the entire hospital staff ) feel uncomfortable. With enough time & support ( good parts ) I could've turn things around-Ive done this 30 years.
He/she made statements like that to make certain I was gone. The new IT director wanted to give the impression as a can-do guy, rubber stamped it. That's fine by me . But to put all that in writing and pass it on to UI so I would lose my benefits- I have a problem with."I was disqualified for being harmful to employer's customer" . I appealed and the HR person stood by the statements. Here is what really upsets me . At the Hearing :
•They didn't show up or phone in.
•They did fax in more than 2 dozen pages of old emails that amounted to nothing.
Of coarse I won my money after 4 months.
Why did they play me this way?
Could this be a case for Libel and /or malicious intent to upset me- because they can?
Fire me -Don't ruin me
Expert:  LawTalk replied 1 year ago.
Good afternoon Manny,

You simply don't have a case for intentional infliction of emotional distress. The actions of the employer were not outrageous enough to qualify under the law.

As for defamation, I doubt that as well. This is because opinions are not actionable. They can say you are a bad employee, hateful to customers and that is a protected opinion under the law.

Only if the made false serious statements of fact---and I don't mean accusing you of missing 4 days when you only missed 3. And in quasi judicial actions like unemployment hearings---what ever the witnesses say is immune from defamation suits.

If the employer makes false statements of you to a future employer---then you may have a case.

From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.

1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.

In order to win a defamation case, you must prove the following:

  1. A false statement was made about an individual, generally yourself;
  2. The statement was made to a third party;
  3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
  4. Finally, you must show that you have suffered damages.

While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.

The law generally recognizes four types of Defamation Per Se:

1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.

2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.

3. The third category deals with allegations of sexual deviance or the lack of being a virgin.

4. Finally, damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.



Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested.
I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,

Doug
Expert:  LawTalk replied 1 year ago.
Good afternoon,

I need to make one correction, Manny.

As more than 180 days have passed, you cannot file a discrimination complaint with the EEOC. However, in CA you may file a discrimination complaint with the DFEH up to one year after the act of discrimination.

So to the extent that you feel that your were terminated based on discrimination, you still have time to file a complaint. You may file a formal complaint with the CA Department of Fair Employment and Housing alleging discrimination based on your race and/or national origin.

To do this you must first make an appointment with the Department to be interviewed, either over the phone or at a local DFEH office. You may call the DFEH at(NNN) NNN-NNNN or apply on line by using the Department’s "Online Appointment System." The system will guide you through questions to determine whether an appointment is right for you.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,

Doug
LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 5 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Manny. It has been my pleasure to assist you and I hope you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (8-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.
Customer: replied 1 year ago.

How can 2 agencies do the same thing?
Expert:  LawTalk replied 1 year ago.
Hi Manny,

You asked: How can 2 agencies do the same thing?

The EEOC is the feds, and the DFEH is strictly the state of CA.

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 5 other California Employment Law Specialists are ready to help you

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