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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 20843
Experience:  30 years of practice.
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I was terminated from my job because there was a fight between

Customer Question

I was terminated from my job because there was a fight between me and a next employee who came and attacked me. My employer claims both of had to go and my part in the fight was that I had passed by the employee and touch shoulders which later had her attack me. This employee who attacked me blew a simple pass out of of proportion into a big brawl, where I had to try to restrain her and protect myself. The employee as a history of aggressive behavior at every employer she as worked for. She was terminated from all of her most recent employers in the past 16 years for attacking someone at work. Our current employer this employee attempted to attack a agency worker but was stopped because someone restrained her before she stabbed the girl with a pen. This disturbed employee also got an arguement with a supervisor, where she was restrained again. My employer terminated me without even attempting to look at cameras in the work place, where proved she was the attacker. They failed to even conduct a proper background check on this employee, which as a result led to this fight. I want to know if I have a case against my employer for wrongful termination, defermation of my character, and possibly hostile work environment.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren and I will do whatever I can to provide an honest and accurate answer to your question.

Before we begin, a bit more detail would be helpful please.

Do you have a written employment agreement or are you an at will employee?

Were you injured in the fight?

Do you have any reason to believe that the termination was due to illegal discrimination, as opposed to the reason given?

Thank you.

Loren
Customer: replied 1 year ago.

I am an at will employee


My injuries was swelling on my forehead


 


Based on the 24 hour hour decision I believe I was profiled as a angry or


ghetto black women, I believe their decison was made even before their 24 hour investigation


 

Expert:  Loren replied 1 year ago.
Thank you, XXXXX XXXXX the additional information.

I am sorry to hear of your dilemma. It must be very frustrating for you.

As an at-will employee your employer may legally terminate your employment at any time and for any reason, so long as it is not for a reason which violates your civil rights. In other words, you may not be terminated as a result of sexual harassment or illegal discrimination. Illegal discrimination requires membership in a protected class (gender, religion, national origin, age, disability, etc.). Other than those reasons, it does not really matter how they treat other employees.

It is possible that you were terminated for being a member of a protected minority group. In such a case, it would be a wrongful termination and the employer would have the burden of showing there was a valid reason forth action they took. That may be difficult given the video evidence and other witnesses corroborating your status as a victim.

Additionally, your employer has a duty to protect you from unwarranted attacks on you in the workplace.

If you believe that the reason given is a pretext for an illegal reason, you can file a claim with the EEOC at www.eeoc.com. They will investigate on your behalf at no cost to you and, if they find a cause for a civil rights violation you will get a right to sue letter which will make your case very attractive to a private attorney.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Be sure to verify the information I have provided with a local attorney who is familiar with your local laws and procedures.

I am happy to answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. 

Thank you.

Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 20843
Experience: 30 years of practice.
Loren and 3 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


Is it also possible that my employer terminated me so quickly because they knew that they didn't have nothing in place to protect me against the attack

Expert:  Loren replied 1 year ago.
Thank you, XXXXX XXXXX following up with me.

It is difficult to protect one employee from a crazy co worker. However, if they had prior knowledge of the worker's propensity for violence then that could be a basis for liability to you.

Thank you.

Loren
Customer: replied 1 year ago.


Thank You, Loren


 


I will follow up with the EEOC advise and follow up with your other legal advice and feedback. I really feel that I was wronged by this employee and employer, since I was such a hard worker. I am most hurt by the employer saying I conducted myself unprofessionally, when I tried everything in my power to avoid the conflict.


 


Thanks again


Lotoia

Expert:  Loren replied 1 year ago.
You are very welcome. I am happy to have been of service to you and hope you found that service no less than excellent.

Thank you.

JudgeLaw

If you have not already do so, please remember to leave a favorable rating so that I am paid for assisting you.
Expert:  Loren replied 1 year ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser): http://www.justanswer.com/law/expert-Loren/

Best wishes and good luck to you.

If it is not too much trouble, Lotoia, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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