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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15462
Experience:  Employment/Labor Law Litigation
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I was fired from my job after 3 years. I was told that I was

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I was fired from my job after 3 years. I was told that I was being fired because I was also working a part time job. My bosses at my full time job have been aware of my part time job for the full three years that I worked there. Then I was told that because I was in a management position that I was not allowed to have a second job. There are at least 2 other people in management positions at this job that have second jobs and there is no policy against having a second job in the employee hand book. Is this a valid discrimination case?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months ago.
Hello, my name is XXXXX XXXXX X look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

These other people that have outside jobs, how do they differ from you such that this would discrimination?

Are they are different race, religion, gender or age? Are you disabled, have you recently used FMLA or worker's compensation?
Customer: replied 9 months ago.

One is a black male, one is a white female. I am a white female. Not disabled and was performing the job for which I was hired at what the company considered an exceptable level. I was fired after I was called in to discuss another employee who had accepted a second job. I was accused of recruiting this employee for my part time job because he accepted a job with a corporate store for the same company that I worked for. However, I work for a franchise store and have no contact with the corporate side of the business

Expert:  Allen M., Esq. replied 9 months ago.
Ok. Here's the problem. For you to bring a discrimination claim, you actually have to have a discrimination statute that supports it. Just being treated differently or even unfairly in your workplace is not enough to bring a discrimination claim. We get this from the Supreme Court of the United States, which severely limited the concepts of discrimination claims in numerous cases.

So, the resulting situation is that unless you can allege that the only reason you were fired while the other two were kept is based on your race, religion, gender, age, disability or FMLA use.

If you can't claim that, you have no discrimination claim that the EEOC can accept or investigated.

Now, on the facts you've outlined, it seems that the employer's issue is that they think you were recruiting. I expect that you were not actually recruiting, but the point is that it doesn't legally matter. That gives them a legitimate, non-discriminatory basis to terminate you while keeping the others. They can say "well, these others weren't recruiting." Because your state is an "at will" employment state, the employer doesn't actually have to be right. They don't need a legitimate basis for termination. They just need to not terminate based on race, religion, gender, age, disability or FMLA use, which you don't seem to be alleging here.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15462
Experience: Employment/Labor Law Litigation
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