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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17018
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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I was a supervisor on a job. I was terminated be they claim

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I was a supervisor on a job. I was terminated be they claim in apporate contact with an employee. At first they said it was sexual harashment, then later came back with in apporate contact of which both i am not guility. In addation i was supervising 3 white and three black employees. My supervisor only let me approve the time of the black employees
I asked for a copy of the allogations and was told that legal said that I could not get a copy
I have nothing in writing explaining my termination. There are a ploblem with my supervisor a the black employees.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 11 months ago.
Hello,

Thank you for the information and I am sorry to read about your situation. Can you tell me though what your exact legal question is? Also, were you in a union or did you work for an organization that gave you a right to the documents you mentioned or a right to appeal termination? Are you alleging racial discrimination in your termination?
Customer: replied 11 months ago.


I have worked for this company for over fourty years. I have no previous complaints, aperfect record. I became accounting manager and Stores supervisor. The problem was with my stores clerk who was very unhappy with management. I was to talk with her and my supervisor who was very upset with her and said she should not be a manager which i recommended to him, he said he had complaints from others. He done the interview by him self with me knowing it. His first allogation to me was she said I sexual harash her I told him no way. He later change the allogations. My supervisor have had a problems with black employees under him over the last year. I could go into other details if i could call you or you call me.

Expert:  Marsha411JD replied 11 months ago.
Hello again and thank you for that, however, you did not answer the questions that I asked. I only need answers to those specific questions right now. Those questions were: Can you tell me though what your exact legal question is? Also, were you in a union or did you work for an organization that gave you a right to the documents you mentioned or a right to appeal termination? Are you alleging racial discrimination in your termination?
Customer: replied 11 months ago.

Doe the company have to give me a written statement explaining my termination?


I am not in the union, I have always been company.


I don't know whether on I have a right to appeal the termination.


Yes I am alleging racial discrimination in my termination.

Expert:  Marsha411JD replied 11 months ago.
Hello again Kenneth and thank you for that additional clarification of your question and the facts. Although, absent a subpoena as a part of litigation, your employer is not required to give you access to all of the evidence they used to make their decision in your termination, they are required to give you a Form ES-77 (Separation Notice) within 72 hours of your termination that does state, in general, the reason for your termination, as well as your pay information, etc. They are also required to send a copy to the Louisiana Workforce Commission. You can see the form that they must give you by going to: http://www.laworks.net/Downloads/UI/77form.pdf

If you do not receive that form within the 72 hours, then you can file a complaint with the LWC.

Also, if you believe that you were terminated because of your race, then you should immediately file a racial discrimination complaint with the Louisiana Commission on Human Rights and the EEOC. You will also want to sit down with a local employment law attorney to discuss your case in detail and see if they think you should wait for the agencies I mentioned to investigate and try to resolve your complaint or whether you should request a "Right to Sue Letter" and go ahead and file suit before they finish investigating your case.

Also, of course, you will want to file for unemployment benefits if you need them. Although the employer may dispute your eligibility by saying you were terminated for "cause," it will be their burden of proof to show that you intentionally, or through gross negligence, violated a workplace rule, standard or procedure, or failed to perform your job properly.

Please feel free to ask any related follow up question that you might have. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17018
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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