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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18813
Experience:  Employment/Labor Law Litigation
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I am an adjunct instructor career college. I've worked there

Customer Question

I am an adjunct instructor for a career college. I've worked there almost two years and as of July, they stated they had no classes for me; however, they gave classes to another teacher that was formerly a student and works at a spa that one of the directors owns.
They have new classes in October, and I am not on the schedule at all. They have assigned all of the classes I'd normally teach to instructors that were just hired more recently. I have always gotten great reviews from the students and always stepped up when they needed me to teach classes and they just stopped giving them to me. I was supposed to get health benefits in July and that was when all of a sudden I had no classes.
I feel that there is discrimination in this workplace and you cannot met with peoples livelihoods when they are doing nothing wrong.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

You stated that you believe there is discrimination in the workplace, but I need you to elaborate on that.

Discrimination based on what? Race, religion, gender, age, disability or recent FMLA use?

Customer: replied 1 year ago.
The man that is teaching massage now is employed with my director at her spa. He was just doing Saturday clinics every once in a while and now, all of a sudden, he has classes that I've taught and I have nothing. They just recently hired a patient care tech teacher and now she has all of my classes. It makes no sense. No explanations, nothing. They seem to favor gay men in the massage dept believe it or not.
Customer: replied 1 year ago.
You can't give someone up to six classes and then all of a sudden, they have nothing. I had previously written a letter to HR and after that, nothing was the same. In my last set of classes, I had four different ones. The semester after that, they dropped me to two and gave the former student who just graduated not to long ago, my evening class.
Customer: replied 1 year ago.
In the massage dept. everyone is 30 or younger. The former student is 23. I am 46 and have a bachelors degree and 20 years of experience. The new teacher does not.
Expert:  Allen M., Esq. replied 1 year ago.

Ok. So, you are stating that you believe the basis for this discrimination to be gender and potentially sexual orientation too.

Let me start by telling you a little about employment law first, because you have some incorrect assumptions about what is actually allowed. You states "you cannot mess with people's livelihoods when they are doing nothing wrong" and also "you can't given someone up to six classes and then all of a sudden, they have nothing." Actually, both of these statements are false from a legal standpoint.

In employment law, unless you have an employment contract that specifically states that you can only be terminated for cause, your employment is "at will." At will employees can legally be terminated at any time, with or without cause. The employer doesn't need a good reason. Legally, they don't even need a reason. They can absolutely mess with people's livelihood, even if that person is doing nothing wrong. That, by itself, is not illegal at all.

The ONLY way this situation becomes illegal is if the employer is making the decision based on an illegal factor, such as race, religion, gender, age, disability or recent FMLA use. If you believe one of these was the basis for their decision, then you have to file an Equal Employment Opportunity Commission complaint in your state. That government agency can investigate the situation and issue you a right to sue letter based on the results. You have at least a gender and age argument that you can make here, but again, your focus has to be on those illegal factors. You do not need an attorney to file this EEOC complaint, so that is your first step.