Question

I have attached an overview of my situation. I have a few questions based on the incident:                                                                                          1) Do have a case for legal action?                                                                                             2) If so, what grounds?                                                                                      3) Can you recommend a Lawyer in the Gainesville, Ga area who may take this on a contigency basis?                    ;                                                                     Here is my situation:                                & nbsp;                                                                             Summit Termination

Facts of termination:
I was verbally warned by Jim Hancock (supervisor) app. 18 months prior to termination. Employee, Dale Carithers, had told me that I looked nice. I thanked her and told her that she looked nice also. She said to Debbie Yonek (supervisor) that she did not know how to take this.

I had a verbal conflict with employee, Ceciely Thornton, and she complained told Human Recourses. She was allowed to take three days off with pay. I was given written notice to not make any comments or improper emails. I also made a complaint against Ms. Thornton in regards to racial comments she had made to me. Nothing was done.

On September 9, 2008, I was terminated because of a comment I had made to a co-worker, Tom Oja, in which another employee heard. This unknown employee complained and I was let terminated.

Specific incidents of improper behavior of other employees and affirmations of said behavior by management:

The first day I was employed, Debbie Yonek, told me that people make comments and if I was offended, to let her know.

Lori Ewell, co-worker, would make comments of a sexual, racial, religious and just plain crude remarks and was counseled so many time by her own account that it became “a joke” and she had a prepared statement for anytime she was called in by a supervisor.

Ceciely Thornton had made racial statements in the past such as, “give me a cracker, cracker.’ She also made comments about other employees such as XXXX XXXXX. She said,” If he ain’t gay, he is missing an opportunity”

On one occasion, I had a bottle of Apple Juice, Ms Thorton ask me if it was “Piss”.

On one occasion, Ms Thornton said she never heard the word “c**t” and said it was a nasty word.

Melissa “Sam” Sweet had a loud conversation on the phone with her doctor and said “her crotch was on fire!”

Jeanie Jarrett, employee, would have loud outbursts of anger and would say, “These f**king people!” and “I’m tired of this shit!”

Suzanne Hanson, employee, had said to the Unit manager, Greg Tardy, “is that a Gay date shirt?”

Amber West, employee, would often poke co-worker Gail Jones in the breast.

Holly Galasi, Supervisor, would often say she was going to kick someone,” In the nut sack.”

Jim Hancock, Supervisor, would walk away when improper behavior was occurring and say, “I’m going back to my desk.”

These are just a few of many occurrences that were not addressed by management.

Witnesses to improper behavior:
Tom Oja
Phil Loveless
Lori Ewell
Hailey Yagle
Andrea Lankford
Al Izadi

Actions in error by management:

Prior to my termination, I had inquired about an Underwriter position; I was told that it required a college degree to obtain this position. However, Ms. Thornton, who does not have a college degree, was granted a position as an Underwriter prior to my employment.

After incident with Ms. Thornton, I was moved, which was correct thing to do, but was moved to another group that included an African - American female, an African – American male, a male of Arabic decent and a White male. This asks the question, when I had the “incident” with Ms. Thornton, was it inferred that I have a problem with females or African - Americans? Either way, this was improper and created a hostile work environment.

An email was sent out notifying everyone that every person in my position with exception of me was promoted to the next level. I feel this was an attempt for management to try to get me resign based on the promoting of others including one person who had been counseled many times for poor performance. Prior to this event, I had been sent to the Florida office for “job shadowing”, my immediate supervisor had requested I be promoted and I had received numerous awards.

Soon after this, the “teams” were moved to a different location. At this time I was assigned four Underwriters. Other persons in my same position, Associate Underwriter, had two or three. Soon after, employee Amanda Foray resigned because she felt she was being treated unfairly. At that time, I was assigned her Underwriters and was told they would not be replacing her. I now had seven Underwriters. This was disproportionate to the other persons in my same position. This was yet another attempt to get me to resign.

At the time of my termination, I was not given a separation notice detailing my behavior that led to my termination.

When I terminated, I met with Holly Bond and Darrell Bull. Several days after, I was contacted by Lori Ewell, who no longer worked for this company and she said she was called by Ms. Thornton and told that I was terminated.

After I was terminated, I had to come home and tell my wife that I had been lost my job and why. The circumstances of why I lost my job caused stress in our marriage, my relationship with my children. The financial burden placed on my wife along with difficulties of finding employment in a stressed economy caused me to experience severe emotional distress. This led to an emotional/nervous breakdown and I had to have myself checked into a crisis center for treatment and in current treatment for this event.

Summation:
Management of this office created an environment where certain behaviors were accepted or overlooked by frontline supervisors.

Holly Bond and/or Darrell Bull violated my privacy by discussing my termination with employees to the point where Ms. Ewell called me to find out how I was.

Management created a hostile work environment by placing me to work with other races and genders, as well as a disproportionate number of assigned Underwriters in an effort to force me to resign.

Management posted promotions in an effort to cause me to resign based on not being promoted.

Management failed to provide me with a separation notice detailing the specifics of my termination.

Management’s improper termination was a result of discrimination based on my gender and race that caused me mental anguish to the point of being institutionalized for several days and their actions caused the end of my marriage.

I had filled for unemployment with the Georgia Department of Labor and the claims examiner’s determination stated,”Your employer fired you for inappropriate conduct. If you violate a standard of conduct it is the same as violating an employer rule. However, available facts show that you did follow employer rules, and that you conducted yourself in an acceptable way.”

Actions I have taken:
Based on earlier advice from this website, I contacted the EEOC and met with an investigator. The investigator said that this was not within their jurisdiction and I would have to seek civil remedies.



Actions I would like to make:
I would like to take legal action against Liberty Mutual DBA Summit Consulting, Inc. for the discrimination of an employee based on gender and race. Sue for damages that include but not limited to defamation of character, mental anguish, invasion of privacy and wrongful termination.