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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15678
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Theres a checks and balances per say at my job.I made a mistake

Resolved Question:

Theres a checks and balances per say at my job.I made a mistake last week in which the other guy did what he was supposed to do which is shut off the belt.a couple of months ago a truck driver started unloading his truck without me telling him to start and he told me he had a color of material that was wrong.no I did not check the paperwork as this is the first time this hss happened to me I got wrote up for that.they banned cell phones and said we haf to go to the parking lot to use them.I did and they haf some problems and I was in the parkung lot like we were told and the line was shut down.I got wrote up for that and was told to "let someone know" when I went outside.lastweek it happened again and I had told the guys I was goin out like I was told to do.this is all work of the same supervisor that doesnt like me has hsd it out for me for a couple of years.I had talked to the HR manager after the 1st cellphone incident. Today I got fired for the cellphone and the wrong blend.ive been there for over 9 yearscan the union get my job back?
Submitted: 10 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 10 months ago.

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

It seems the employer is trying to find a reason to terminate you,

wallstreetfighter :

at this point you should advise your Union, and see if they will fight for you,

wallstreetfighter :

since you are part of a Union, you should review the contract,

wallstreetfighter :

and see if you have rights to challenge the termination, if the contract states

wallstreetfighter :

you can only be terminated for misconduct or cause,

wallstreetfighter :

you can potentially sue the employer for a wrongful discharge,

wallstreetfighter :

At this point you should file a Union grievance, and if they fail to represent you, consider filing a lawsuit challenging the termination if you have a contract allowing you to do this,.

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

Customer:

Our union is really weak and they don't do well standing up to company. Sub standard work is what the reasoning fir the write up/ termination.what should I do to help / advise in what steps shou ok d be taken

wallstreetfighter :

You need to review the contract the Union has or any employee manual to see if you are considered an at will employee, if the employee states that an employee can challenge a termination,

wallstreetfighter :

employer

wallstreetfighter :

if the contract gives you any rights to challenge the termination you could do it, if you can only be terminated for cause,

wallstreetfighter :

if not, and it states you are at will,

wallstreetfighter :

you cannot in OK, challenge the termination

wallstreetfighter :

unless you claim, discrimination, based on your age, race, disability or any other protected civil right,

Customer:

By the contract it can be challenged but Oklahoma is an at will state. And can I claim discrimination after I've been fired?

wallstreetfighter :

If the contract states you can challenge it, then consider hiring an attorney for a wrongful discharge lawsuit, the contract terms will be valid

wallstreetfighter :

In terms of discrimination, you can file a complaint anytime, if you feel you were terminated due to your race, gender, age, national origin, or any other protected civil right you can file the complaint.

wallstreetfighter :

The Oklahoma Human Rights Commission receives, processes, and investigates complaints of discrimination in the areas of employment, housing, and public accommodation. The OHRC processes employment discrimination complaints on the classification basis of race, color, religion, sex, national origin, age, or handicap. The objective of the Oklahoma Human Rights Commission in the area of employment discrimination is to ensure equal opportunity for all persons by prohibiting discrimination that would deprive, limit, or otherwise adversely affect an individual's status as an applicant or employee.


Discrimination/Harassment - Local Offices of Federal Agency (EEOC)


Equal Employment Opportunity Commission (EEOC)
Oklahoma Area Office
210 Park Avenue
Oklahoma City, OK 73102
Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback,

Customer:

I don't know for a fact he is prejudice because he has never said anyrhing to me about me being 1/2 mexican but he has been after me for a couple of years.when the cellphones were banned he told someone that he was gonna get me and he followed me around trying to but didn't.

wallstreetfighter :

at this point, you should consider all leverage you may have, a discrimination complaint may force them to reconsider, as they would not want the EEOC investigating them

Customer:

Ok on what grounds?? I already talked to the HR about him and the mian HR lady came in and asked only a few questions and said she would be back but I haven't seen or heard from her.the HR at the plant said "they didn't feel like my head was in it because I normally don't make mistakes like that" I'm only human and I make and I'm going to continue to make mistakes!

wallstreetfighter :

You have two options to bring legal action.

wallstreetfighter :

1. Claim the reason for the termination was your mexican heritage

wallstreetfighter :

2. Argue that the termination was not "just" or that their was no "cause", as per the contract

wallstreetfighter :

If your contract states you can only be terminated for cause, force them to prove it

Customer:

They put the dollar amount of what I cost them which was a little over 2 grand and the reasoning was for substandard work on the termination papers.he hasn't said to me personally about me bein mexican.they just put up cameras and yes I did make the mistake but they just started making us weigh each bucket and I was in a hurry!! If I had run out of material the same thing wouldve happened!

wallstreetfighter :

they would have to prove this, and you should force them to prove that other employees did not have similar errors,

wallstreetfighter :

if others did the same, they cannot single you out for termination

Customer:

I did make the mistake and I admitted it.it will be on camera that I did it.I won't be able to get a guy to go say they messed up and wasn't caught!

wallstreetfighter :

A mistake does not mean that had cause to fire you,

wallstreetfighter :

typically cause is intentional not a mistake

Customer:

Right but they said since the things prior was why they decided to terminate me.had my record been "clean" they wouldnt have.no the mistake was not intentional because I take pride in my work.yes when I make a mistake I will admit it.

wallstreetfighter :

Ok, at this point, you have to decide what you want to do,

wallstreetfighter :

You can try to sue them otr

wallstreetfighter :

or threaten them with legal action

wallstreetfighter :

or file a discrimination complaint, most times just sending them a letter threatening legal action may force them to act

Customer:

Now that I'm gone the supervisor thats behind this well his son will be senior operator an the plant superintendents son in law will bid on my job but the superintendent and son in law are black and I don't really think hes a racist but it will help his son in law.

wallstreetfighter :

At this point your options are limited as OK is an at will state and your Union is not helping you,

wallstreetfighter :

so consider any leverage and use it, that may force them to settle

Customer:

The union is going to file a grievance but i dont have a whole lit of faith in their fight.Ok so with what I've told you what is the best choice to get my job back??

wallstreetfighter :

I would threaten the with legal action, send them a letter stating you will file a discrimination complaint and wrongful termination action if they do not reconsider.

Customer:

I should type this out myself??

wallstreetfighter :

It would be best to have an attorney do it, if you cannot send it yourself.

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

Customer:

What are the odds of me pulling this off??

wallstreetfighter :

It will be hard,

wallstreetfighter :

20% is better than nothing,

Customer:

Wow not what I was wanting to hear!!! That's filing discrimination??

wallstreetfighter :

both,

wallstreetfighter :

Ok, is an at will State,

wallstreetfighter :

if your Union will not help you,

wallstreetfighter :

suing the employer for discrimination and suing them for wrongful termination can force them to settle with you,

wallstreetfighter :

but it is no slam dunk,

Customer:

There is a grievence pending about the cellphone because the union and company haven't "had time" to take care of it same supervisor. I need to help the union with the best way to challenge and go about it! Do I call the # XXXXX gave me to the Oklahoma eaqual oppertunity or just type them a letter 1st? The superintendent is reallcocky and

wallstreetfighter :

Send the letter first, if nothing happens call the EEOC

Customer:

He's very sure of himself so he's gonna welcome the challenge!

wallstreetfighter :

GOOD LUCK

wallstreetfighter :

It will be hard, but do try to fight it now

Customer:

Thanks!! Apparently I'm gonna need more than luck!!

wallstreetfighter :

Equal Employment Opportunity Commission (EEOC)
Oklahoma Area Office
210 Park Avenue
Oklahoma City, OK 73102
Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15678
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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