Employment Law Questions? Ask an Employment Lawyer.
My name isXXXXX a licensed attorney. Glad to try and help out.
Sure sorry for your circumstances, truly. My heart goes out to you.
I'm also a registered nurse, so I commend you being a conscientious professional.
Here's how this works, having read and carefully considered everything you're shared. You can (and certainly should) report your concerns, free of charge, to the U.S. Equal Employment Opportunity Commission (EEOC). Everything he needs is provided here (please just click the following link):
Filing A Charge
You deserve to be treated properly, and if you want to pursue the matter your next step is to file your complaint. This is an exclusive remedy, meaning you must follow this process first, rather than going directly to a lawsuit. You have more than enough solid reason to proceed here, in my estimation.
Now, here's why I say so. Your mention of being signaled out based on race brings up a serious legal issue called "disparate treatment". It's a form of unlawful discrimination, and the way it's remedied is by filing a charge as outlined above.
Now, if you do end up need to have your case screened on the merits by a plaintiffs' trial attorney, the good news is that process is also entirely free of charge to you. Should it come to that point, my very best recommendation would be to take advantage of the resources of the non-profit, American Bar Association accredited, National Board of Trial Advocacy Division of the National Board of Legal Specialty Certification. Here is a listing of all such Board Certified Civil Trial Advocates practicing in your jurisdiction (please just click the following link):
Please know that you deserve to be treated properly. I hope you see justice accomplished.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you and that things look much brighter down the road.
Ben I may not have worked long enough to present an EEOC claim, what do you think? I have worked there less than 45 days--and I have not completed my probationary period.
Also, I do not want to show up for the "reenactment." I put it off by going to a therapist to really calm myself down. I am taking this very hard because I am remission from cancer I was diagnosed with last year. And I am feeling terrible, being accused and my livelihood being threatened. So I am also wondering if the company can terminate me then press these allegations or substantiate them due to non-compliance.
I wanted to enlighten the agency of being able to deny their request, because of it unethical, and bearing on the Employee Conscientious Act--am I covered by this law?
Okay Ben. I thank you so much. I will make sure to list this on some correspondence I will be sending to the agency, the Dept of Disabilities Dept (Investigations unit) and the State Mental Health Dept. I have already typed everything up. But you state that I really should not go at this point--I am finding it hard to do so, because I really think they are setting me up.
I asked a friend to come with me to witness them (when they give me another appointment), but I would rather not go at all--I have them both a demonstration at the first interview meeting and two additional statements to address questions they did not ask during that interview.
This is the last time I will ask you for feedback, Ben--I just wanna be sure I am making a decision that I can live with. I also am online now to address the discrimination filing through EEOC although I have not had good luck with them in the past (like 20 years ago when I was a federal employee)...but I will try again. Thank you again for your feedback
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