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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92757
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was working for a contract company of access a ride company

Customer Question

I was working for a contract company of access a ride company for over 2 and a half years. During that time I never received any disciplinary infractions or write-ups. Back in March I wrote up one of my managers for using vulgarity towards me and I also pointed out in my letter that he is constantly intoxicated when he shows up at work. They company said that they conducted an investigation but never gave him a urinalysis test. I requested to be changed to the morning shift and got rejected. I have been in school since August of 2011 and the company knows. All of a sudden the Senior Manager fired me because he said that my school scheduled conflicted with my work schedule.I believe is retaliation. What should I do?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking. Thank you for asking for me.

Do you have a written contract for employment with this company or are you under a union contract?

Has this company or supervisor done this to you based only on your age/race/sex/disability, or is this being done in retaliation for you reporting him as being intoxicated?
Customer: replied 1 year ago.

Theirs no contract for employment. Nor is their any union. Its being done in retaliation by the Senior Manager. The manager I wrote up told me that he was untouchable and that nothing would come of me writing him except me getting fired and he was right.

Customer: replied 1 year ago.

I also reported the manager who is Hispanic and I'm black for giving more hours to the Hispanic drivers and less to everyone else. I was responsible for the scheduling and I tried to make sure that everyone got as close to 40 hours as I could after the hours were sent over by Transit. However, when the manager used to come in, in the morning he used to change it around and give who he wanted to give hours.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Under NY law, employment absent any written contract is considered at will. An at will employee may be fired by an employer for no reason at all or for any reason at all except solely based on their age/race/sex/disability or in retaliation for them exercising a legal right and the employee's sole recourse is in unemployment.

Here you are alleging that you are being fired in retaliation for reporting that a supervisor at a transportation company was intoxicated at work and for discriminating against black employees in favor of Hispanic employees. These reasons would be grounds for you to be protected from retaliation for making such complaints. Thus, your claim is a retaliatory discharge based on reporting unsafe work conditions as well as reporting discrimination. It does not matter that your reports of unsafe work conditions or discrimination were substantiated or not for the purposes of retaliation.

In this case, as you are alleging not just retaliation, but some discrimination in giving hours as well, you would need to report this to the EEOC for investigation as part of the requirement that you must exhaust administrative remedies. The EEOC will investigate the matter and if they cannot resolve it they will issue you a right to sue letter which gives you 90 days to file suit against the employer for the discrimination as well as the retaliation. You can contact the EEOC at http://www.eeoc.gov and get the complaint process started.

Once they issue a right to sue letter you will need an employment attorney to file suit, so you should start looking for a local employment attorney as soon as you file your complaint and you can find one at the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org.

Additionally, you need to file for unemployment and if they try to deny your unemployment benefits, you need to file an appeal. They have to prove you committed some misconduct directly related to your employment to deny you benefits if otherwise eligible and if they do deny your benefits you need to consider using an unemployment law attorney to represent you in the appeal (they do not charge up front typically and generally only charge about 20%-25% of the benefits they win for you) as they greatly increase an employee's chance of success on appeal in unemployment cases.



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Customer: replied 1 year ago.

is there a statute of limitations on filing the complaint with eeoc? I was just recently fired on May 31.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. You have 180 days to file a complaint from the last discriminatory act (300 days if there was ongoing discrimination). Thus, you have some time to file, but I do not suggest delaying.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92757
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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