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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11681
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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If you are wrongfully terminated from a company, and EEoCs

Resolved Question:

If you are wrongfully terminated from a company, and EEoC's investigation suggest there was wrong doing on the part of the company - is there a specific lenght of time one has to this matter before a court
Submitted: 1 year ago.
Category: Employment Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Kevin, My name is XXXXX XXXXX it will be my pleasure to assist you today; My goal is to provide you with Excellent Service

 

1. I assume that you filed a formal Complaint ("Charge") with the Equal Employment Opportunity Commission ("EEOC") ?

 

 

 

2. Did the EEOC finish their investigation and issue to you a "Right to Sue" Letter ?

 

 

3. If so, when was the letter sent ?

 

Thank you,

 

ANDREA

 

 

Customer: replied 1 year ago.

. I assume that you filed a formal Complaint ("Charge") with the Equal Employment Opportunity Commission ("EEOC") ? Yes - company is United Airlines


Did the EEOC finish their investigation and issue to you a "Right to Sue" Letter ? I believe they did - this occured in 2005 and I am just now in a position to address this issue - the affects on my life has been huge. However the economy and lack of resources had me focus on more immediate needs. I am searching my files for the correspondence and will reach out to the Hawaii Federal office.


 


There communication to me would have come back in 2006 I believe.


 


Thank you in advance for your counsel.

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your additional information,

 

I would like to double check all options available to you, before I type out my Answer to your question, but I need one more bit of information, if you do not mind,

 

 

Q. What were the grounds for a finding of "Wrongful Termination"

Customer: replied 1 year ago.

Frist I was accused of "sexual harrasment" which was quickley dismissed, yet nerve racking. When this attempt failed the same group brought a charge of "violence in the work place" for use of the the term/phrase "not going Xerox over".


 


Hawaii lawyer - not his field, gave me a bottle of Moet et Chandon Cuvee Dom Perignon, and referred me to the EEOC federal offices.


He was not a wine drinker.


 


I believe the state paid me back-pay unemployment. However the loss of this employement contributed to my loosing my housing and moving further from my mate, who later died of an un dianosed illness. We are six to seven years out and I am stronger, better and just checking the details. Any help to address this injustice would be appreciated. Once I have done what I can do I can let this issue go.


 


I hope this addresses your last question to me.

Expert:  Andrea, Esq. replied 1 year ago.

Thank you again, Kevin, Please accept my heartfelt condolences on the passing of your partner, my heart goes out to you,

 

In order for the EEOC to conclude that an individual was wrongfully terminated, they must be part of a "protected class". In other words, the employer must have based his termination of the employee on race, creed, color, religion, national origin, age, gender, sexual orientation, or disability. Once that is shown and the EEOC investigates and issues its "Right to Sue" Letter, the terminated employee can fule a lawsuit against the former employer.

 

There are two roadblocks to filing a lawsuit against your former employer:

 

(1) "Violence in the workplace" is not someone who is in the protected class which I described above;

 

 

(2) A terminated employee must file his or her lawsuit within ninety (90) days from the date the EEOC issued their "Right to Sue" Letter. If that letter was issued to you in 2005 or 2006, the right to sue the former employer has expired. This is why I asked what the grounds for termination were; I thought that maybe I could find another Statute under which you could still sue, and that is why it took me a little longer to get back to you, I was trying to find other options by looking at other Statutes that might cover your situation, but I found nothing and I feel so very badly about that.

 

I understand the grief you were experiencing at that time and that it is almost impossible to function when one has lost someone they love. But, the law does not extend this time limit within which to sue because of an individual's grieving

 

If there is any other grounds that you can think of, I would be very glad to research it for you.

 

I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully asking that you not hold the law applicable to your situation against me,

____________________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11681
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Andrea, Esq. and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Andrea - I am a large frame Black, Same-gender-loving (Gay) individual which I sincerely XXXXX XXXXX airline allowed reverse sexual harrasment events to affect the environment relating to my dis-missal. The federal letter states the investigation was inconclusive due to one of the supervisors being unavaliable (she drops a bomb then takes assignment in the far east) the feds concluded I have the right to sue, however at the time I was unable to function. Your data and responses were greatly appreciated. I hate to assume, however in that I am in a protected class and the second alligation had as little creditability as a Gay man projecting sexual harrasment onto a prodominately female centric population, I am now wondering how the protected class issue might affect the the time lines. Companies do not have to give a definitive reason for termination and the events leading up to mine are still very much up in the air. Harrassment is about "power" - I was never in a position of power. I was a newly employed trainee that pasted the training program and made it to the call center floor. Management came back in less then a month with this other drummed up charge. Your patience is greatly appreciated if I wished to go forward what would be required:


Hawaii, Illinois or Tx attorney as United is corporate HQ out of two and cse orignates from the other?


 


Request documentation from federal government?


 


Is there anything I can request or obtain to lighten the load of my attorney?


 


OR do we really need the reason United has documented for which they terminated me, and then go from there?


 


again your interaction has been outstanding and I am ready to let go and ready to fight if there is a chance, with the current recent changes to DOMA and possible prop 8 I owe Peter a look see.


 


Stay Blessed in your daily walk


and again thank you


 


K

Expert:  Andrea, Esq. replied 1 year ago.

Kevin, You sound like an absolutely beautiful person, inside and out and I wish I had the chance to meet you, but we are not permitted to have any contact with customers other than through this forum,

 

My dear friend, Kevin, you are very much mistaken when you say that you are not a member of a "protected class", you most certainly are! And, here is the rule,

 

"If there is no written Employment Agreement between the employer and the employee which sets forth, among other things, the circumstances under which the employee can be terminated, then an "At Will" Employment relationship exists and the employee can leave the employer without any liability to the employer, and by the same token, the employer can terminate the employee at any time, and for any reason, or no reason, Except, that the employer cannot terminate the employee on the basis of the employee's race, color, creed, religion, national origin, age, gender, sexual orientation/gender preference, or disability." (Sorry, I think I might have forgotten to include sexual orientation/gender preference in my previous Answer,

 

I agree with you, many times superiors will stir things up (drop the bomb, as you phrased it) and then leave a big mess behind them that they created and expect someone else to "handle it"

 

The problem which still remains, however, is the "90-Day Rule", the time within which an aggrieved party must institute his or her lawsuit. Pleasebe kind enough to rate me positively, so that I can receive credit for researching your question and giving you Answers, otherwise, I will not reciev any credit for assisting you. Thank you for understanding,

 

____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

Customer: replied 1 year ago.


Okay the time to file has lasped - I greatly appreciate this data Andrea....I will perform a release ritual and let it all go. Your counsel and information has given me the will to release nothing that i have done what I can. You were professional, kind and available again thanks for your excellent advice and service.


 


Stay Blessed in Your Daily Walk

Expert:  Andrea, Esq. replied 1 year ago.

You are most welcome, Kevin,

 

Please do not forget to rate me positively so that I receive credit for assisting you,

 

I wish you all the best that life has to offer,

 

______________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

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