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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 113450
Experience:  20+ Years of Employment Law Experience
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I was fired from my job.it was for discrimination I guess

Customer Question

I was fired from my job.it was for discrimination I guess and sexual harrasment.first issue on disc.there were three party's involved,the one employee was just as much in fault as me and the one complaining has discriminated himself in front of us and I got fired for it.num.2 they had sexual harrasmentioned on there to and never did I do that,in that sense s.h.is not tolerable period and I shud have been fired on the spot
Submitted: 4 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us about this matter? Have you filed for unemployment? Were you denied?
Were you a union employee or government employee?
Customer: replied 4 months ago.
I sent why I was fired
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
I read why you were fired, I was asking what your question was for us about your situation. Can you please respond to that question?
Customer: replied 4 months ago.
Where is my answer
Customer: replied 4 months ago.
Is it wrong.can I sue?
Customer: replied 4 months ago.
Hello
Expert:  Law Educator, Esq. replied 4 months ago.
You did not get an answer because you failed to answer my initial question.
Can you sue? I can't tell you because you have not responded appropriately to my request for additional information from you.
Customer: replied 4 months ago.
What did u need?sorry
Expert:  Law Educator, Esq. replied 4 months ago.
Please understand that we are working with multiple customers at one time and they all deserve the same time you deserve. It takes us time to research and/or type our answers for everyone. We thank you for your understanding.
Please look at my very first reply to you where I asked you:
What is your question for us about this matter? Have you filed for unemployment? Were you denied?
Were you a union employee or government employee?
I need you to tell me more details, because in most cases an employee cannot sue over this type of termination (except for very limited instances).
Customer: replied 4 months ago.
I filed for unemployment.haven't had interview yet
Customer: replied 4 months ago.
Worked at a hosp.
Customer: replied 4 months ago.
If I can't sue can I get unemployment and not get denied
Customer: replied 4 months ago.
Not union
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
If you were an at will employee, which is what you describe, your only real recourse is filing for unemployment. If the employer denies your unemployment, you must use a local attorney to handle the unemployment claim appeal if you want to significantly increase your chances of success. If you were the only one fired and there was another participant in the alleged discriminatory acts, then your attorney would argue that your employer did not have good cause to fire you (making you eligible for unemployment, but not rehire because as an at will employee you could be fired for any reason at all or no reason and your only recourse is unemployment), because they kept another employee accused of the same conduct employed. This means that your conduct should not have been so severe to warrant termination.
Now, if you were accused of sexual harassment, that is another issue. If that never happened and the employer did a negligent investigation and found you guilty or accused you of such conduct falsely/negligently, then you could actually sue the employer for conducting such a negligent investigation and defaming your name and reputation. See: Mackenzie v. Miller Brewing Co., 234 Wis. 2d 1, 608 N.W.2d 331 (Ct. App. 2000), where the plaintiff was accused falsely of harassment/discrimination and the employer conducted a negligent investigation and the court awarded the plaintiff money damages for the employer doing such a negligent investigation accusing the employee of such a bad thing.
Customer: replied 4 months ago.
I was never confronted about the sexual harrasment.first by my supervisor or anyone for that matter and there is no tolerance for that so why wasn't it brought to my att,and as for the discrimination the joking around that went on with other employee went on fo quite awhile.and now all the sudden I get called to h.r got 2 days off went back on Friday for dec.and got fired cuz they said I said nig.,suck my dick and lick my balls.
Customer: replied 4 months ago.
Also supply said negro
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
Well, I am afraid that if they have witnesses to you saying that, you could have some issues, it is at the least improper speech at work and to fight the termination, you have to prove by bringing in other employees that those types of comments are common in your business area and that everyone talks that way in order to win your unemployment case.
Customer: replied 4 months ago.
even if the party that is black and the one who discriminates himself and the other employee besides myself are all involved then what.the guy who went and complained is a black man.one day we 3 were in the van going somewhere and he was driving and pulled out in front of someone and said look there I drive just like a ni**er.sorry for that.
Customer: replied 4 months ago.
the comments were behind closed doors never left our shop
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

I am afraid that it does not matter if he uses the same language, the language can be still grounds for termination of employment I am afraid. If you prove this person uses the same language all the time though, it IS GROUNDS TO GET UNEMPLOYMENT, because it proves your termination was not with good cause as you were engaged in the type of conversation internally and privately that you always engage in with this person and they engage in it just the same as you.

Customer: replied 4 months ago.
Ok thank u very much.
Customer: replied 4 months ago.
What do I say in my phone intreview then because he did join in on numerous occ.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
In your phone interview, I would say you were fired for no cause and for engaging in joking with 2 other employees who both joke the same way every day in the private areas of the work place. You have to maintain the black employee calls everyone the N word, you and the other employee included and it is part of the everyday conversation at work and the employer has never intervened because it was in private areas of the workplace.
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