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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32154
Experience:  Employment Law Expert
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Recently hired, under probation and with one month to go -

Customer Question

Recently hired, under probation and with one month to go - work is going well - for me. However, others are upset - especially a direct associate. It seems my hiring is taking away from form her over time. This was confirmed through a phone conversation I had with a neighbor, she stressing it's my fault the full timer's OT has been cut and others will make it hard for me (at the workplace). Did not pay it mind, till yesterday at work stepped into a conversation stating I was out. Really, need this employment - first job in 6! years! Am one of the few minorities working within the unit. Is there any help/assistance available?
Submitted: 9 days ago.
Category: Employment Law
Expert:  Dwayne B. replied 9 days ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 9 days ago.

Help/assistance available for what?

Customer: replied 9 days ago.
How to maintain employment when erroneous claims a brought forth. Again, was told this would happen all due to fact I was simple hired for a position that was requested to be filled
Expert:  Dwayne B. replied 9 days ago.

There is no guaranteed way to keep your job. NY, like most states, is an employment at will state which means your employer can terminate you for any reason and at any time. The exceptions to that, of course, are that you can't be terminated due to your race, religion, gender, age, etc.

If the employer decides to terminate you due to the other employees being dissatisfied, then they can do so and it is not a "wrongful termination" under the law.

However, you mention that you are one of the few minorities in the unit. Can you provide a little more information there so I can see if there is a plan of action that may make the employer less prone to fire you?

Customer: replied 9 days ago.
The area I live is Staten Island and was told would never obtain a employment being Puerto Rican - Staten Island is predominately Italian and Irish. Which are the makeup of the office again there are a few minorities, yet in my direct line of work (position previously held by a non-minority)
Expert:  Dwayne B. replied 9 days ago.

What you can try is to take the offense. Go and visit with a local lawyer and talk to them about drafting a letter for you that hints about you being discriminated against in the office due to you ethnicity but not making a direct threat.

Usually that will work to make the employer second guess firing you if other employees are hassling them. In addition, if you do get fired and want to pursue a wrongful termination based on your ethnicity case then you have already started "setting it up" with the letter.

PLease ask any follow up questions that you have in this thread.

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