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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Employment Law
Satisfied Customers: 20012
Experience:  Attorney at law and Just Answer Legal Mentor
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I worked for my company for 16 years, received many awards

Resolved Question:

I worked for my company for 16 years, received many awards for high achievment and such. Back in December our area Director came to my store and told me I was suspended pending an investigation. I asked them an investigation for what? I was told that they could not tell me, but I was not to talk to anyone in my company at all about this. After 2 1/2 weeks they called me up and said they would like to talk to me, so I went. When I got there they told me I was terminated for policy violation. No prior counceling or anything. I asked them what did I do and what was written was that my phone was not working, that my alarm was not working properly and that I only had one security door opener. I told them that I had four openers when they suspended me and the phone company would not let me do anything because I was not a signer on the account. Their response was that their mind was made up and that was it. I then asked why they were able to break policy by letting one person be by themselves for 5 hours and their reply was 'thanks for the concern'. I later found out that they never spoke to anyone individually about me and they also never spoke to me before they terminated me. Do I have a case? I spoke to a friend who is still employed and she said thats crap because her phone wasnt working and neither was her alarm.
Don't they have to treat everyone the same?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Attorney & Mediator replied 3 years ago.
They have to treat everyone the same under their existing company policies. You would need to show specifically how they violated their company policies with you (seems this was done if your friend was not treated the same as you for the same kind of problems and the employer was aware). Based on the information provided, there is no basis of discrimination as you do not present grounds that you were treated differently because of your age, gender, religion, disability, sex) which is required for an EEOC violation. All you have appears to be a breach of their company practices. Whether you have a case would depend on the specific violations the employer did with you versus others and that your termination was specifically because of this violation and no other reasons unrelated to this.





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Customer: replied 3 years ago.
but I thought that if they are going to terminate you for a specific violation that everyone has to be treated the same. Is there not any violation there. I mean I dont know if it has anything to do with the fact that I am a white female, 49years old and converted to Islam or not since I am the only female as such. I do however know that that particular Director does not like my husband, who is Pakistani and was my Supervisor.
Expert:  Attorney & Mediator replied 3 years ago.
but I thought that if they are going to terminate you for a specific violation that everyone has to be treated the same.

Yes, if it is for a specific violation all others must be treated the same. This is why I was saying it would be a breach of their existing company policy. Of course it will be your burden of proof to establish that they were aware of your friend's store conditions but they fail to treat her the same way as you. Unless you can show that your race or religious practice was also part of the termination, you won't be able to claim an EEOC violation. Hope this makes sense






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JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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Customer: replied 3 years ago.
Is there then any other legal recourse I can take? I mean if not EEOC is there anything? Or do companies have the right to do these things because we were told so many times in this company that you have to have a paper trail. I mean there are people still working that stole deposits and the company is aware but those people are still employed
Expert:  Attorney & Mediator replied 3 years ago.
Is there then any other legal recourse I can take?

Yes, as previously stated you can sue for the wrongful termination based on their breach of existing company policy. Typically if you company allows you to file a grievance internally, that is what you should do first as that is the informal way of trying to resolve this. If that does not work, then the next step would be to sue.


_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 3 years ago.
OK thank you but do I look for an employment attorney? Any suggestions? Also what kind of timeline do I have, as I was terminated on Jan 4 of this year?
Expert:  Attorney & Mediator replied 3 years ago.
OK thank you but do I look for an employment attorney? Any suggestions? Also what kind of timeline do I have, as I was terminated on Jan 4 of this year?

In TX there is a 2 year statute of limitations to sue for wrongful termination unless otherwise stated in your employment agreement (if you had one). There is no need for an attorney if you are doing an internal grievance. Of course if you do not feel comfortable doing this alone, then I would suggest you do consult with a local employment law attorney. You should definitely have an attorney if you decide to sue.


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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Attorney & Mediator, Lawyer
Category: Employment Law
Satisfied Customers: 20012
Experience: Attorney at law and Just Answer Legal Mentor
Attorney & Mediator and 10 other Employment Law Specialists are ready to help you

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