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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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I was subjected to a territory manager calling me and also

Customer Question

I was subjected to a territory manager calling me ni**er and also making racially insensitive jokes ..I told my managers they said they couldnt do anything....i have since been let go...i was given a number of write ups within a one week period ...also i am disabled permantely by law and i was penalized for calling in ,although i followed the rules specified in our handbook .. i wrote a letter to hr explaining i had witnessed this numerous times and also so the territory managers son destroy property and also steal 200 dollars out the safe
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: tx houston i am disabled....legally
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: no i will have to talk to them i wrote out a full letter
Submitted: 19 days ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 19 days ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me when all of this happened? When did this statement occur?

Expert:  ScottyMacEsq replied 12 days ago.

I see you have not responded in some time. Did you wish to continue with this question>?

Customer: replied 12 days ago.
What can I do.....is there a lawsuit
Expert:  ScottyMacEsq replied 12 days ago.

As I had asked previously, can you tell me when all of this happened? That is, when did this statement occur specifically?

Customer: replied 12 days ago.
Last week of employment I was terminated
Expert:  ScottyMacEsq replied 12 days ago.

I mean month / year when it happened.

Customer: replied 12 days ago.
Last month this year....
Customer: replied 12 days ago.
I sent a letter to hr and the eeoc
Expert:  ScottyMacEsq replied 12 days ago.

Did you file a formal complaint with the EEOC, or simply a letter?

Customer: replied 12 days ago.
Formal I guess sent some forms they provide online faxed them to Austin
Expert:  ScottyMacEsq replied 12 days ago.

Thank you for that additional information. First of all, you need to understand that Texas is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

Now the fact that you were called this and he was making racially insensitive jokes indicates that there was a hostile work environment, which the management has a duty to take reasonable action to stop. You certainly can't be fired for complaining about this, so if that's the reason that you were fired, you'd have a case. But the first step in any employment litigation based on discrimination is the filing of the complaint with the EEOC. As it seems that you've done that, the ball is in their court. They will conduct an investigation, and either find that the complaint is meritorious or not. If so, then you'll get a "right to sue" letter, in which you can take it to an employment litigation attorney (if a settlement has not been reached) and then can take it to court. But if you don't get this letter, the odds of being successful in court are slim to none. That is, the EEOC standard of proof for determination as to whether discrimination occurred is LESS than what you would need to meet in court. So if they can't find enough evidence to give you the right to sue letter, then you probably wouldn't win in court.

Assuming that you do get a right to sue letter from the EEOC,you would need to contact an attorney in your area that deals with employment law / employment discrimination cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Customer: replied 12 days ago.
Thanks man
Expert:  ScottyMacEsq replied 12 days ago.

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate this answer on your screen AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 12 days ago.

Can you see on your screen where you need to rate it>?

Expert:  ScottyMacEsq replied 12 days ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Expert:  ScottyMacEsq replied 12 days ago.

Hello?

Expert:  ScottyMacEsq replied 12 days ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 12 days ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 12 days ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.