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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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I feel i was discriminated against or retaliated against at

Customer Question

Hello my name is ***** ***** and I feel i was discriminated against or retaliated against at work and I would like to ask questions in regard to the legal action I would like to take
Submitted: 23 days ago.
Category: Legal
Expert:  ScottyMacEsq replied 23 days ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. In what way were you discriminated against? Were you part of a union, or did you have a written employment policy, etc...?

Customer: replied 23 days ago.
Well it started this past Monday I walked into work and went into the break room because I was early for work and my boss comes back into the break room and says in front of all the employees "I have good news and bad news" to me. So he proceeds to tell me the news and says that I'm being relocated to a different branch (I'm a teller at a bank). At first I thought he was joking but he said he was serious and I asked why and he said due to budget cuts we have to transfer a person. He didn't pull me into the conference office or to his desk he just spilled this in front of other employees. So I sat there stunned for a few seconds before asking him can we have a talk because I have questions. He then brought me to his desk and showed me a layout of the budget cut. I asked him why was I the one chose to be transferred and he said "it because I'm closer to the new branch that anyone else" so it went off of who was closer. But not to mention a new teller was hired and his first day was the Monday I'm being told I'm being transferred. I later found out from the new hire himself that he lived in a town on the same route that leads to the bank at which I'm being transferred to and he in fact lives closer to the new branch that I do. So my concern is If im being transferred because I'm supposedly the only one closer to the branch (which isn't true) then why hasn't the new hire be choosen to go for the fact that he is much closer than I am? I'm sure my boss knew because he's the boss, he has all the new hires info on his resume (which I've seen) and on his new hire paperwork these are things that a manager knows about they're employees so he can't say he didn't know that the new hire was closer. Also these type of budget cuts in a company a manager knows for sometime so why didn't he bring it to all the staff attention or my attention that there maybe some changes and we may lose a person. My manager informed me he knew about the budget cut on Friday and informed me Thursday which I feel he knew long before. Today 11/11/16 I walk into work and my asst manager tells me that tomorrow is my last day and I'm to report to the new branch on Sunday. No heads up or advance notice or any things. I've been with the company for 1 years and 3 months I have seniority over the new hire and if anyone should be transferred it should be him, not to mention he lives closer to the new branch than me. I wasn't asked my opinion on wasn't given a choice it was a "take the transfer or be out of a job" type of situation. Also my distraction was talked about at work and other employees knew more information about my transfer before I did. My manager even said to me"at least you can transfer and not have a job" I feel this was done out of disliking of me by my manager and it was done in a very sneaky and very unethical way and I'm being discriminated against.
Expert:  ScottyMacEsq replied 23 days ago.

Thank you. Please give me a couple of minutes to review your response...

Expert:  ScottyMacEsq replied 23 days ago.

To be clear, do you think that the "real" reason for their actions is based upon your race, age, religion, gender, or disability?

Customer: replied 23 days ago.
I think it was based on maybe my sexual orientation or retaliation that I haven't made quarterly goals twice and he is doing to try and get rid of me because he can't fire me because I have no write ups or any penalties against me. I've never felt welcome or apart of this "banking family" ive always felt like a outcast.
Expert:  ScottyMacEsq replied 23 days ago.

Do you have any evidence that you're being targeted due to your sexual orientation?

Customer: replied 23 days ago.
No not really but really the retaliation because during our one on one reviews he told me "I didn't care or apply myself to my job"
Expert:  ScottyMacEsq replied 23 days ago.

I see. I'm sorry to hear that. First of all, you need to understand that NJ 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 "discrimination" is simply treating similarly situated individuals differently. Discrimination in employment is not necessarily illegal. Only illegal discrimination is illegal (that being discrimination based on race, age, religion, gender, or disability). Otherwise, your employer can take such action against you, even IF it's based upon a dubious, incorrect, or spurious reason as was given. Now you could still potentially seek unemployment benefits, etc... but at-will employment still controls, and unless you can prove the specific discrimination based on race, age, religion, gender or disability, I'm sorry to say that yoyu wouldn't have a case.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. 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!

Expert:  ScottyMacEsq replied 23 days ago.

Did you have any other questions before you rate this answer?

Customer: replied 23 days ago.
even though the reasoning for transferring me that I was closer to the new branch in location which was a blantant lie I still have no valid case or augment?
Expert:  ScottyMacEsq replied 23 days ago.

That's correct, unless you can show that the reason was "pretext" (a fake reason, with the real reason being one of those factors mentioned above). The reason doesn't have to be legitimate or substantiated, but so long as it's not illegally discriminatory or pretext for illegal discrimination, under at-will employment that would be legal. Unethical, immoral, illogical maybe, but still legal.

Expert:  ScottyMacEsq replied 23 days ago.

Again, I know that this is not what you were hoping to hear, but it is the law. I do hope that it clears things up anyway. If there's nothing else, please rate this answer.

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 23 days ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 23 days ago.

Hello?

Customer: replied 23 days ago.
Sorry I'm just at work and it's busy so my replies are delayed
Expert:  ScottyMacEsq replied 23 days ago.

Okay.

If there's nothing else, please rate this answer.

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 23 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 23 days ago.
Hello?
Expert:  ScottyMacEsq replied 23 days ago.

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

Expert:  ScottyMacEsq replied 23 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 (> 1 HOUR) 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 22 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.

Expert:  ScottyMacEsq replied 20 days ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 19 days ago.

Hello?

Expert:  ScottyMacEsq replied 19 days ago.

I see that you STILL 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.

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