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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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In short, I was terminated in an at will state ( ga). They

Customer Question

In short, I was terminated in an at will state ( ga). They provided a document of action on the 16 th and I was terminated on the 29 th after all action items were completed. However, on the 12 th I received an email from an employee stating that I should work Christmas because I'm Jewish. I reported this to my supervisor who initially denied my right to contact HR. Second, the same employee stated in a meeting that I don't understand the holidays because I'm Jewish this was in front of several other team members. I contacted the eeoc and they implied this was discrimination and harassment. Thoughts?
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

This is an unfortunate situation,

Expert:  wallstreetfighter replied 1 year ago.

It seems that your religion may be an issue, and you were correct in making the complaint,

Customer: replied 1 year ago.
Thoughts
Expert:  wallstreetfighter replied 1 year ago.

if they have not asked to to return to work, and continue with the termination,

Customer: replied 1 year ago.
I was denied to speak with HR and the provided a severance package. Should I sue for damages based on federal laws
Expert:  wallstreetfighter replied 1 year ago.

you should pursue the civil rights complaint, and consider sending a letter to the HR, advising them you are doing this, and that you feel the termination, was solely due to your religion, it is possible the employer may try to settle with you,

Expert:  wallstreetfighter replied 1 year ago.

I would first send a letter to HR, and make them aware of the complaint, they should contact you about a severance, where they ask you to release them from any lawsuit.

Customer: replied 1 year ago.
They have been very vague. They stated it was due to performance.
Expert:  wallstreetfighter replied 1 year ago.

Performance is overly broad and hard to prove for the employer,

Customer: replied 1 year ago.
They provided a severence for 1 month and I signed. However I'm questioning if I made the correct decision
Expert:  wallstreetfighter replied 1 year ago.

You should make the threat in writing, and see what they do, also make sure you file for unemployment benefits.

Expert:  wallstreetfighter replied 1 year ago.

If they gave you a severance, you may have signed a release of claims, not allowing you to sue them for discrimination, you need to review the papers signed.

Customer: replied 1 year ago.
I did. I have 1 day to revoke it
Expert:  wallstreetfighter replied 1 year ago.

You may want to delay signing it, and ask for more,

Expert:  wallstreetfighter replied 1 year ago.

iff they know you are filing a discrimination complaint the employer may consider giving you a larger severance to avoid a lawsuit.

Customer: replied 1 year ago.
I asked for vacation pay and a bonus I earned which they denied
Expert:  wallstreetfighter replied 1 year ago.

Those benefits could be litigated if promised in writing to you,

Expert:  wallstreetfighter replied 1 year ago.

and you could consider suing the employer for them.

Customer: replied 1 year ago.
If I revoke the severence I risk losing it
Expert:  wallstreetfighter replied 1 year ago.

yes, that is a risk, however you would be entitled to unemployment benefits

Customer: replied 1 year ago.
There policy states that it is not reviewed if you are terminated or not employed during time of pay out
Expert:  wallstreetfighter replied 1 year ago.

and you would be able to pursue a civil rights suit and other cases against the employer.

Expert:  wallstreetfighter replied 1 year ago.

In GA, the language of the policy or contract is what matters, so a lawsuit for the fringe benefits would be difficult.

Customer: replied 1 year ago.
It's close to 8000 dollars. Unemployment benefits are minimal. Would you say that I have grounds here
Expert:  wallstreetfighter replied 1 year ago.

You would have to prove through evidence the termination was due to your religion, without more direct evidence it would be difficult,

Expert:  wallstreetfighter replied 1 year ago.

however, if you do not accept and send a letter threatening litigation, it is possible a larger severance can be given to you, this is something that you need to decide what is best, ***** ***** aware a civil rights suit can take several months to years.

Expert:  wallstreetfighter replied 1 year ago.

If you have another job lined up, and do not need the money, pursuing the civil rights case may be the course of action you would want to take, it depends on your situation.

Customer: replied 1 year ago.
I know. The ceo commented on that she was shocked that I did not change the the holiday schedule during my exit with her. Basically condoning thisbehavior.
Expert:  wallstreetfighter replied 1 year ago.

That is a fact you can bring up in any EEOC case, however discrimination cases are difficult and take a long time, you would also need witnesses or a pattern of discrimination such as the employer not hiring other Jewish employees, or terminating them to win.

Customer: replied 1 year ago.
The HR rep is Jewish as well. As of now I don't have the funds to sustain longer the 6 months have several things in the fire but no offers at this time.
Expert:  wallstreetfighter replied 1 year ago.

It may be best to take the severance especially if they have several Jewish employees.

Customer: replied 1 year ago.
Only 1 now😊
Customer: replied 1 year ago.
Thank you for your time. I guess if I revoke it and send letter I risk losing the severance
Expert:  wallstreetfighter replied 1 year ago.

Yes,

Expert:  wallstreetfighter replied 1 year ago.

A discrimination charge would be difficult if the HR is Jewish,

Expert:  wallstreetfighter replied 1 year ago.

It may be best for you to take the severance, and obtain a good reference from them for future employment,

Expert:  wallstreetfighter replied 1 year ago.

Good luck, and if you have any further questions please do not hesitate to ask. If satisfied with our service please provide us with positive feedback, thank you.

From Wallstreetfighter Esq.

Expert:  wallstreetfighter replied 1 year ago.

Thank you, ***** ***** provide us with a positive rating thank you.

Expert:  wallstreetfighter replied 1 year ago.

Please provide us with a positive rating so we can receive credit thank you