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My company was purchased by another company. I was replaced by another person without my knowledge. I was told a day before the announcement was made that this other person was now the manager. I did not get a chance to apply for my own job. I never received written notification. I was told at the end of the day on a Thursday that I would be laid off. The announcement was sent out via email to me and the others in my group. The person who took my job worked in my department. Her previous duties were taken away from her to be handled by the new company. They took my job and gave it to her. I was never given the opportunity to interview for the job. I was never informed of the requirements of the new job. I am a black 56 year old woman. Good references and reviews. Higher management marks that any of the 3 managers. More education than the other managers. Replaced by a 40 year old white woman. This doesn't pass the smell test. What do you think?
State/Country of Question: Missouri Already Tried: nothing
Under the at will employment doctrine, you can be fired for no reason or any reason. They do not have to give you a reason, nor do they have to let you interview for your job. They do not have to gove you notice. Employers are often more curteous than yours, but it is not illegal. Having said that, you cannot be fired for an illegal reason like race or age discrimination. I cannot say why they fired you. I can say that black employees are sometimes replaced by white employees for reasons other than race (and vice versa). There could be many reasons why they hired her. Maybe she was friends with the new owners (unfair but not illegal), maybe they liked her personality (not illegal), maybe she was willing to work for less money (likely, and not illegal). You are the most familiar with the situation though, and you know how you were treated. If you feel race (age is less likely because she is also in the protected class at 40) was an issue and played a part in you termination, you should file an EEOC charge. You have to start by filing an EEOC charge. This is free and easy. The will investigate your claim. They will sometimes offer mediation. Eventually you will get a denial or a right to sue letter (this doesnt actaully affect your right to sue though). After that you can proceed with a wrongful termination lawsuit. Read about it here: http://www.eeoc.gov/types/race.html File a charge here: http://www.eeoc.gov/charge/overview_charge_filing.html
Attorney
Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor