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Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
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Topic Ignorance of hiring law/ Employment discrimination. Last

Customer Question

Topic : Ignorance of hiring law/ Employment discrimination.


Last July a liberal arts college employer offered to file Permanent Residence for me for a 4-year temporary teaching job. Because of the hope of getting PR I resigned my former appointment to accept my current employer’s offer; my boss gave me more classes to teach than the stated workload in the college. I am currently on the 6th year H1B. In Nov. my boss said she did not know that it is
impossible to file PR for a temporary job. Job was re-advertized as tenure track & for labor certification. I interviewed with 2 outside candidates. March 3 my employer informed me that job was offered to an outside candidate because my employer used a document collected after the job deadline (Dec. 6) against me.

1. Do I have a case of employment discrimination here?
2. Can I sue my employer for ignorance of hiring law / negligence by offering to file PR for a temporary position?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Jane Doe Deer replied 3 years ago.

Jane Doe Deer :

Good morning. Did you receive good evaluations?

Why do you mention discrimination? Are you of a different national origin, race, disability, or etc. when compared with other employees there?

What state are you in? Every state has its own labor and discrimination laws.

My best,

Jane

Customer:

I taught 4 classes, 3 classes were able to submit evaluations. 2 classes evaluations were not good. This was my first semester evaluation. Before now, chairman of my departments aid it is typical of the first evaluation in the college. He received similar thing in his first semester, others ps said such evaluations are typical in teh college.ofessor

Customer:

Discrimination because the evaluations used against me was written by students at the end of December. Job application deadline was Dec 6 I believe other candidates did not turn in their end of Dec. evalaution.

Customer:

I am in IL.

Customer:

I am a from different national origin and race, I am the only African among all Faculty.compared to other

Customer:

Repeated: I am from different national origin and race, I am the only African among all Faculty.


Jane Doe Deer :

From everything you've told me so far, the basis could be that you were a different race and national origin. I need to know your state before I can give you info on what to do next.

Jane Doe Deer :

OK, Illinois. Please give me a minute to look up that information for you.

Customer:

Thank you.

Customer:

Please what do you think about my second question, ignorance of hiring... I left another job to come to their college

Jane Doe Deer :

Since there are, no doubt, enough employees, you can file a race and national origin complaint here: http://www.state.il.us/ihrc/forms/complaint.pdf (that's the state agency).


 


You can contact the EEOC here: http://www.eeoc.gov/ (there’s a ton of great information at this website!) (That's the federal agency).


 


If you start with the state agency, in most states they’ll file a complaint with the EEOC on your behalf at the same time.


 


There are deadlines for filing, so don’t delay!


 


Complaint investigations are free. They’re not always the best, XXXXX XXXXX do get a free investigation. If it looks like they are going to file a “no cause” finding, withdraw your complaint before they do. That way, if you go to court, a “no cause” finding can’t be used against you.

In re: your other question, it's my understanding that you've worked at this employer for quite a few years. You could try to bring in an estoppel argument on leaving the other employer, but if it's been many years, that may not go anywhere. Plus, you could only really use that argument in a lawsuit, not a discrimination complaint.

I can also send you info on how to go about finding/hiring an attorney in your area (but I think you should first file a discrimination complaint, since you may be able to come to a settlement, and it's all free).

My best,
Jane

Customer:

I only worked for them for a semester and other faculty claimed their evaluations are not always good for the first semester regardless of national origin.

Jane Doe Deer :

Sorry about all the questions - it's a bit harder than having a conversation in my office.

Can you clarify - are you still working there, but just didn't get the tenure track position?

Customer:

I will proceed to file a discrimination complaint. Please send me an info on hiring good attorney in my area, just in case. I live in Jacksonville about 30 minutes from Springfield IL.

Customer:

I am still working there.

Customer:

The original problem was that my boss offered in my letter of appointment to process Green Card for a non-tenure temporary position. last Nov. she found out this as a wrong step, she re-advertized the position for Tenure track one for normalization and also for labor Certification. She claimed all the while that she was very impressed at my job, being the only instriuctor there and teaching more classes than the college required of Faculty

Jane Doe Deer :

Yes, you should talk with attorneys with at least five years experience, with a background in employment discrimination law, employment contract law, and immigration law. (You may only find this skill set combination in a large law firm, with many attorneys, and lots of other resources).


In Illinois, if you want to find an employment attorney you may want to first try through this organization:


 


http://www.nela-illinois.org/


 


You can find trial attorneys through here:


 


http://www.iltla.com/


 


Another place is the bar association’s web site: http://www.illinoislawyerfinder.com/

Your county bar association may also have an attorney referral service. However, be aware that many (not all) of the attorneys who sign up for this service are relatively new, or hurting for clients, and may not be the best attorney for you.

I'd talk with at least two attorneys before hiring one.


Don’t actually HIRE an attorney without first checking references. And don’t try to pick the attorney’s brain on the phone. Schedule an appointment and visit the office, like you would for a doctor!

BTW, I hope you are not using a work computer for any of this. You only have limited privacy rights with work computers!

My best,

Jane

Customer:

Unfortunately,

Customer:

Unfortunately I am using work computer but at home. I have acess to a non worok computer, what do I do?

Jane Doe Deer :

Oh, my suggestion is not to use a work computer for anything related to a work-related compaint. I'm not a computer expert, but be sure to wipe all record of our conversation off your work computer.

Customer:

Thanks will do.

Jane Doe Deer :

Do you have any other questions? If not, would you please be so kind as to "accept" if I've answered your question?

Customer:

I hope that you have given me every necessary link/ url. If you have given all, I will wipe out our conversation and accept. Thanks so much

Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
Jane Doe Deer and 11 other Employment Law Specialists are ready to help you

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