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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15570
Experience:  Employment/Labor Law Litigation
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Can I copy paste a rebuttal letter to the EEOC regarding age,

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Can I copy paste a rebuttal letter to the EEOC regarding age, origin and racial discrimination. I am doing this for a friend who have a language barrier. I am not asking for an edit of grammar ( I will be paying a service to do that) but I just want it to be read and if there is anything that does not make any sense, to be pointed out to me so I can write it clearer or leave out. I am not sure if this is something you guys offer or not because it is "just answer" so I understand if you guys don't. Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

I can certainly review the letter to note any glaring omissions.

Customer: replied 1 year ago.

Hi Thank you so much for your help. I do not have an opening paragraph or a closing but I just want to make sure that I responded to all the allegation properly. Please excuse grammar and formating, I will get help with that later. All question in bold and italicized are the complaint from the other party on Mr.Jatta.


 


 



  • While I respond to the allegation below , I do so with the clear assertion that I reject them as vindictive and even their presentation extends the discriminatory behavior that I had been subjective to.


  • “Complaint not timely filed”

    • Twenty-five days after I was terminated, I had visited an Employment Law lawyer and with her assistance decided to file a complaint with the EEOC. She had written and mailed a Formal Charge of Discrimination on March 1, 2012 only one month passed my last reported violation date. We had soon discovered months later that her charges were not processed by your office. Shortly, I personally, followed up with , investigator, and was instructed that I can write another complaint and still be in the 300 days. Therefore, I personally wrote another complaint and mailed out certified on November 21, 2012. Whether the office used my Attorney complaint or mine, we both still formally filed a complaint with the it was sent to the EEOC office within the 300 days.

    • “ Mr Jatta was a poor employee and was written up for infractions multiple times in the year and a half before his dismissal”

      • I have been an employee with __________(formally known as “____________"for 5 years. I have always been a good employee who often comes to work early, work through lunch, and stay late if it was needed. Any assigned task was accomplished and responsibilities fulfilled. I was even trusted with the key to the shop to open up in the morning because I was always the first one to arrive. It wasn’t until I was injured on the job on October 31, 2009 and felt the need to go to workmen comp lawyer on November 2010 that the “poor performance” was accused as evident on the chronological time line of “infractions” the dealership alleges. My Workman’s Compensation lawyer officially filed a law suit on this date.



    • May 4, 2010: “For being a no call/no show and hanging up on a manager who called to ascertain his status”

      • This is the first I heard of this incident and it did not happen. I never had a complete no-show and I never hung up on a manager.



    • June 9, 2011: “For a verbal altercation with a co-worker”

      • Although I am not contesting this, in the interest of clarification, I’d like to submit the following additional information: The co-worker, T___, that I got into a verbal altercation with, made physically threatening gestures toward me accompanied by raised voice and threatening racial language. He repeatedly called me “nigga” and made reference to the continent Africa and how I needed to move back to it. He yelled at me to go outside and fight him. Because the dispute was escalating, I followed him outside. Not because I wanted to fight him but because we were in an area where customers can walk in. As soon as we went outside, I told him that I did not want to fight him and convinced him that whatever he was angry with was not worth losing our job over. I did promptly reported the matter to the General Manager, C________ and we were both written up for the argument.

      • My witness that this fight was racially motivated and that someone in management was aware that a staff member harassed me racially is R_______, former service advisor. Phone number is XXXXX









  • October 15, 2011: “For verbally confronting a co-worker who relayed a message to him from supervisor”

    • This allegation is not only subjective but it is false. They do not mention a name of the co-worker or specified what the message was. There is no way I can address this. I am a humble person who respects all of my fellow co-workerand this is something I would not do because it is out of my character.

    • December 16, 2011: Failure to communicate with supervisor about switching shifts with Joshua Buxton.

      • Although I am not contesting this, in the interest of clarification, I’d like to submit the following additional information: J________, white male, had asked me to work for him on one of my day off and he would work on my behalf on his off day. I agreed and Mr.B_____told me that he will inform our supervisor about it. On the day that he was scheduled to work for me he did not show up. When I was informed that he did not report to work, I went in and explained what happen to my manager, B_______, but he still wrote me up as being late. I take full responsibility for this because I should have told the supervisor myself.

      • However, the manager did not subject Mr. B_____ to any disciplinary action at all.

      • The allegation that “both employees failed to report for duty” is false. I showed up, just a little late. I have evidence on my employee paystub dated for that time period that I clocked in everyday that I was scheduled to work.






 



  • “Mr. Jatta was warned that he would be terminated in the event of any further violations”

    • I was never warned that I would be terminated for any further violations. The two write ups that I had only stated if I repeated that exact same violation, switching shifts without consulting supervisor and verbal altercation, it could lead to termination. I did not repeat any of them.

    • “Mr.Jatta incorrectly claims that he was terminated for not taking lunch. To the contrary, he was terminated for taking lunch but failing to clock out for the break. His failure to clock out for lunch resulted in unauthorized overtime, a violation of company policy. “

      • This allegation is inaccurate and twisted to be used against me. I did not take my lunch break on this day. I purposely worked through my break so I can go home on time. Almost very day within that last month of employment, I have been asked by my supervisor so stay late. That particular day, I decided toI worked through my lunch break instead of staying after because I wanted to make it to a recital for my son, who plays the clarinet. I have worked through my break before and was never warned that I could not do it or was told of any unauthorized overtime policy. My paystubs will reflect that I regularly worked overtime; I had never received any administrative action or verbal warning for doing so before the day I was fired.

      • I would like to point out; I was given a job that day that was unfit for my disability. And I even questioned to myself if it was assigned to me so it could be used as evidence for the company in regard to the pending Workmen comp case. I have a hurt wrist from the injury at work there and I have a Doctor’s note that restricts me from lifting more than 5 pounds with my right hand. My right hand is my dominate hand. My assigned task that day was to fill up four cars with gas one of them being a big disabled truck. They only gave me one 5 gallon gas container so I had to make several trips, a quarter mile each way, to fill up the disabled truck using my left hand. A 5 gallon container of gas weighs approximately 31.5 pounds which means I could not physically use my dominant right hand because of my injured wrist. This resulted in my performance that day to be slower than normal because it was awkward for me carrying and pouring gas in the disabled car with my left hand. This was another reason why I made the decision to work through my lunch because I was slower than normal and I needed to make sure everything was done so I can go home on time.



    • “Mr. Jatta insinuates that he was replaced by a white male.”

      • The dealership claims that it was their intent to hire four service porters, however, all the five years that I worked at the dealership there were always two service porters employed at one time except for one. That one year it was three, but it was for a short time. After two or three months, one of the service porters was transferred to be a Parts Driver which has been a prior agreement with the supervisor This present date there are only 2 service porter employed. On my last month of employment, two younger Caucasian service workers J______, 19, and J_____, 20 were hired. Me and Mr. A______, age 67 and of African descent, Nigeria, trained them both on our position and were terminated two weeks after J_______, the last hired, finished his orientation. We were coincidently fired for the same violation, failing to clock out on our lunch.



    • “The dealership has no record of any complaints of discrimination or harassment”

      • If the dealership has no record of complaints of discrimination or harassment, then it is because the management failed to document it, conveniently lost all evidence of it or is being deceptive. I know I personally talked to Sara from Human Resources in regards XXXXX XXXXX I was racially harassed about my accent, the smell of my food, and speaking “mumbo jumbo”. I do not know why she is denying all of this and I find it very disappointing.

      • My witnesses that I have been racially harassed and complained to a manager in regards XXXXX XXXXX discrimination are _____________








  • “Mr Jatta was replaced by an older employee of the same race, there is no basis for claims of age and race discrimination.”

    • After my termination, the new older African-American employee was hired a whole 7 months later after I was terminated and by a completely new manager, Mr._______ . To omit these two fact is misleading, because there is still bases that there was age and race discrimination. This new manager may not have been bias like Mr. ______ was.



  • My witness that I was not a poor employee and has always been an exceptional and responsible worker is S____, former service manager; his phone number is XXXXX


 


 

Expert:  Allen M., Esq. replied 1 year ago.

Ok. There are a few points that I think you need to be a bit more clear concerning.

 

1. The timing issue. If they EEOC believes that you failed to file with them within the 300 days, you really need to address that as fully as you can. I think though that this is just the employer making that allegation. Regardless, if you can establish which investigator you followed up with, that will help that issue.

 

2. You state that the infractions are related to your use of worker's compensation. That's not a bad point to make, but it detracts from your overall allegation that this is a race and age discrimination claim. It suggests that worker's compensation retaliation was really their motivation, which isn't a problem...it's just not something the EEOC deals with.

 

3. Good job specifically addressing certain allegations against you. Pointing out the discrimination within each allegation and giving an explanation for your actions is important. If you deny, outright, their allegations you create what is called a "material fact in dispute." Those issues have to go to a jury, meaning that you insulate yourself from a summary judgment during a lawsuit....which is important.

 

4. I have concerns about your explanation concerning not clocking out for lunch. If you chose to work through lunch to leave early, but also worked overtime, that actually means that you didn't leave early. That being said, you do make a good argument concerning previous overtime and not having any warnings in your files that you shouldn't work overtime.

 

5. I'm concerned about the argument that you were replaced by a white person, when they are stating that you were replaced by an older person of the same race. Yes, bring up that it was 7 months after you left, by a different manager, but even still it means that you can't insinuate that you were replaced by a white male.

 

6. They make the argument that they have no complaints from you to be able to claim a defense that they never got a chance to cure. Stating that you did complain and don't know why they have no record of it again creates an issue of fact, so it's a good position to point out.

 

Potential additional argument:

 

Most importantly, if you can point to other people that have worked through their lunch periods and worked overtime, that differ from you in race and age and were not fired, that helps to establish disparate treatment.

 

 

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15570
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 9 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

They had hired two white males first and fired the two african males shortly after they trained them. But the dealership says that they couldn't be discriminatory because 7 months later they hired two black people one on them being age 67. But the prior manager had resigned already.


 


So basically I have to address more clearly that the two white younger males replaced them, and the AA males that was hired 7 month later by a different manager is irrevelant. Right? One thing that is hard to explain on paper to understand that I tried to was, they only keep two Service worker at a time. So when they hired the two white males it made 4, but they were fired soon after. Currently, the two white males are no longer employed and they hired the two new AA males. So even still, they have 2 service workers.


 


But other then that, thank you so so so much for pointing out the issues. It will help me tremendously in finishing this rebuttal soon. Thank you so much and I will definitely give you a high rating as appropriate.

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