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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 29107
Experience:  More than 30 years in legal practice.
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I worked for the state of Texas and i was just recently

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I worked for the state of Texas and i was just recently fired from because according to
them I had too many point on driver license.
I am wondering if there is any chance of winning the case if I decide to pursue the case.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Do you have reason to believe that you are being treated differently than other employees due to race, religion, ethnicity, etc.?

Have other employees been dismissed for the same reason? Is it a written policy?

Customer: replied 1 month ago.
Not to my knowledge that others have been let go on similar situation. But I think that if I were of the other race they would have assigned a different job duty

Are you a member of a protected class, such as a racial minority or someone with a disability?

Customer: replied 1 month ago.
I am Black.

Thank you for the additional information.

If what you say can be proven then you have a claim for hostile work environment based upon racial discrimination. The minimum requirements to sustain the claim is called the "prima facie" case. Courts have come up with a four-part test that employees must meet to establish a prima facie case of discrimination under Title VII. If an employee can present evidence of each element, the employer will then have to present evidence that its decision was not discriminatory. If an employee can't make a prima facie case, the employer can ask the judge to dismiss the lawsuit.

The elements of a prima facie discrimination case are:

The employee is in a protected class (based on race, gender, and so on).
The employee was qualified for the position.
The employee was fired or subject to other disparate treatment.
An employee outside of the protected class was given preferential treatment.

Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.

To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint. Your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.

An attorney is not required, but it would be invaluable in this type of claim. It is not simple litigation and there is no reason you need to learn as you go. Additionally, if you prevail, you would be awarded your attorney fees and many attorneys who handle this type of claim, do so on a contingency fee basis. So, it should not cost you anything upfront.

If you need help finding local counsel, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

Loren and 3 other Employment Law Specialists are ready to help you

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Thank you!

Loren

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