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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20130
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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R. My law question and background story is below:

Customer Question

Hello Pearl,My name is*****My law question and background story is below:Discrimination Law Suit (White Male / Indian Management)Background story:I worked for a company in Mount Pleasant, SC for roughly six months.They company has split management in two different countries, two partners in South Carolina, USA and two partners in India.I lived and work in South Carolina. I was let go December 30th of 20016,
during my time there I was told they were replacing me because Indian management wanted an Indian counter part and it would be better.
I mentioned this to Human Resources with silence back.This is discrimination to a degree, but to further upset me and discriminate against me, management decided that my coworker who was younger and American Indian worker, might work out better. So I was let go.Turns out, Indian management / Indian co-workers will not work with anyone for my position that is a white male.All my Indian coworkers did not speak English at all, or hardly, Indian management did speak English very well.
Management in America is not Indian.While working their I performed extremely well, but I could not get passed the discrimination from two Indian Managing partners and
Indian employees, so they fired me and let me know that was why.The reason I am bringing this up today, 2/13/2017 is because I had to go to the Unemployment Resource center today and discuss my status and progress for unemployment. After talking about my last job, I am just very upset. I saw my wife an lunch and she asked me what was wrong, I sad nothing. So I decided it was bothering me to much, and I have to seek legal counsel.Question:Do I have a case against this company and what evidence would I need to provide to prove it?Regards,Patrick R
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: South Carolina
JA: Has anything been filed or reported?
Customer: and in India
JA: Anything else you want the lawyer to know before I connect you?
Customer: if all that I posted was passed along, no that would be all the information Pearl thank you
Submitted: 3 months ago.
Category: Legal
Expert:  Marsha411JD replied 3 months ago.

Hello,

Thank you for the information and your question. If you were let go because of your race or national origin, then yes, that would be unlawful and you should have a case worth pursuing through the complaint and possibly law suit stages. That said, I don't have all of the facts from all parties, so I can only go based on what you shared. What you have to do though in order to preserve your legal case is to file a discrimination complaint with either the SC Human Affairs Commission or the EEOC. The HRC website is at this link: http://www.schac.sc.gov/aboutus/Pages/FilingAComplaint.aspx

You have a fairly short time period that your complaint can be filed, 300 days from the last discriminatory act, so you will want to keep that in mind. You might first want to sit down with a local employment law attorney and discuss your case in detail to get a sense of if they think it would be better, based on the local judiciary and juries, to file with the State or the EEOC, and also whether they think your claim or a future law suit would be successful.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 3 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 13th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.