Employment Lawyers Can Answer Your Employment Law Questions
Hello, and thank you for contacting Just Answer. My name isXXXXX am an employment law professional, and I look forward to answering your question this evening.
I am sorry that you are having to deal with such a difficult situation, and unfortunately there may not be much someone in your situation can do other than calmly and professionally explain your side of the story. If you did not "profile" someone then sometimes that is the best that you can say. The store is also in a tough position because, although they may believe you, they also have to take seriously any suggestion of racial discrimination (even where it is a he said/she said situation like the one you describe).
I can certainly understand why you would feel as if you have been found "guilty", but it sounds as if you have not been let go yet. If there were no other witnesses to what this person claims, and it really is a he said/she said situation, your employer may be reasonable and listen to your side of the story, particularly in light of the fact that you have worked for the company for 10 years and never previously been accused of "profiling" in any way (I am assuming you have not).
There are unfortunately no legal protections here that come to mind, an employer has the right to investigate an incident and, in the absence of an employment contract, act as they see fit to resolve the situation. Having said that, your years with the company and presumably no prior complaints should speak in your favor, and you should be free to raise those as part of your "defense".
In Illinois, an employee is employed "at-will" in the absence of an employment contract, and as such the employer has the right to change the terms and conditions as they see fit, without cause or notice. Unfortunately this means that, so long as the employer is not discriminating against you because of YOUR race, religion, national origin, sex, age or disability, they are at liberty to resolve the situation as they see fit. Consequently, being honest, explaining what happened from your perspective, and raising the fact that you have never had such an issue in your 10 years with the company, may ultimately be the only thing that you can do.
I hope this helps, and let me know if you require any additional information or need clarification of anything that I have said (never be afraid to ask for clarification!). Otherwise, please remember to RATE my answer so that I can receive credit for my work.
That is a good question. If you were to be fired, you want to make sure that you have documented your side of the story and that it was given to the employer. That way, they have to be careful when talking to any prospective employers, because if they were to provide false or misleading information about you, you could turn around and file suit for defamation. One way to protect yourself, if you are let go, is to confirm with them what they will say if any prospective employer contacts them. You could also have an attorney communicate with them and explain that you will consider taking action against any defamatory statements made about you to prospective employers. It may also be a good idea to seek out a referral from someone within the company who you have a good relationship with. There is no sure fire way to protect yourself, but one way is to make sure that, if you are let go, they are either willing to provide a positive reference or, if they are not, they understand that you will consider any negative information given about you as defamatory.
It is a tough situation to be in, and I am sorry you are having to deal with it. Let me know if I can provide any additional information or clarification. Otherwise, please remember to RATE my answer so that I can receive credit for my work.
If an employee voluntarily leaves employment, then generally no, they may not receive unemployment. If, on the other hand, an employee is let go, then they may receive unemployment, yes. One potential caveat, is that if an employee is let go for "cause", meaning the employer had a good reason to fire someone, then the employer can contest the unemployment. However, in that situation, the employee has the right to an appeal and hearing in front of an administrative law judge, and is given the opportunity to explain that they were not let go for good cause (or in your case that there was no actual evidence of misconduct).
So, in short, resigning likely disqualifies an employee from unemployment, whereas being let go should qualify you unless the employer contests the unemployment on the grounds that you were let go for "cause". You would then have to appeal and explain to an administrative law judge how your being let go was not actually your fault.
The Illinois Department of Employment Security has pretty good information on unemployment benefits at:
I hope this helps further, and let me know if you have any additional questions. Otherwise, please remember to RATE my answer so that I can receive credit for my work.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).