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Hello, my name is XXXXXXXXX XXXX XX. and I have a question abouth my employeer. I got lay off since 22 of October because according to my employeer it was lack of work but my problem is he got illegal people working for him and they didnt got lay off. I think this is discrimination towars me because i am A citizen of this country and got rid of me because he can keep illegal people for cheaper labor and this is not right... Thank you for any information...Francisco Cruz Jr.        XXXXX@XXXXXX.XXX

Submitted: 294 days and 15 hours ago.
Category: Employment Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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Decatur, Alabama

Already Tried:
Nothing yet when I got lay off in October they told me that they will call me once it would pick up but they havent got rid of nobody else but me and my problem is they got rid of me because i am citizen and keep the illegal people for cheap labor or whatever the reason is is not right I should be working and not them, now I strugle day by day because I cant find another job... Thank you for any help... Francisco Cruz Jr.

Posted by Experienced Attorney 294 days and 14 hours ago.

Answer

Hi, that is an interesting issue. You have four options: 1) file for unemployment benefits in your state. To find the site to apply just google the name of your state and unemployment benefits. 2) Retain a local attorney who is experienced in discrimination / employment law. You can contact your local or state bar association to use their lawyer referral service if you don't know how to retain an attorney. Legal Aid in your area might also be willing to speak with you. 3) You can file a charge of discrimination with the state agency that handles discrimination claims in your state and/or with the federal EEOC. You do not have to have an attorney to do this. 4) You can do nothing.

By the way, I've never seen a case of discrimination filed by a US citizen claiming that an employer would rather hire illegals - interesting argument.

Please let me know if you need any clarification. Good luck.

294 days and 14 hours ago.

Reply

I been on unemployment since i got lay off but dont you think is not right that I got lay off and the illegals didnt, before I got lay off I talk to my boss and he told me that they was going to lay off people because it was slow and they was going to start with the new people first and that I didnt have to worri abouth it, and next thing I know they call me and told me that I was getting lay off but the new people (illegals) didnt got lay off, now you see what my problem is...I been waiting and looking for another job but i cant find one and I was hoping they would call me back from where I was working but htey havent yet...

Posted by Experienced Attorney 294 days and 14 hours ago.

Info Request

Yes, that's why I gave you all of those options. What state do you live in?

Answer

I see. It is Alabama.

Unlike most other states, Alabama does not have a state administrative agency to accept discrimination charges.

Therefore, for most discrimination claims, you need to file a sworn charge of discrimination with your local Equal Employment Opportunity Commission (EEOC) office.

You can go to this website to get information about how to do this: http://www.eeoc.gov/charge/overview_charge_filing.html.

You can also contact the EEOC at:

EEOC's Birmingham District Office
Ridge Park Place
XXXX XXXX XXXXXX
Suite 2000
Birmingham, AL 32205
Phone: (XXX) XXX-XXXX or (XXX) XXX-XXXX
TTY: (XXX) XXX-XXXX or (XXX) XXX-XXXX

Please don't delay in contacting the EEOC to file a charge.

There are strict time limits in which charges of employment discrimination must be filed. To preserve most discrimination claims, you must file a sworn charge of discrimination with the EEOC within 180 days of the date the discriminatory act.

Do not wait to file your claim until your time limit is close to expiring. You do not want to lose a claim because you could not get a charge filed within 180 days.

You should consult with an attorney prior to filing your charge, if possible. Just because the EEOC helps you file a charge of discrimination does not mean it meets all legal requirements.

Also, EEOC personnel are generally not lawyers and cannot be expected to understand all the legal complexities that your case may present.

Remember that important legal strategy decisions often need to be made prior to filing a charge of discrimination. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file a charge with the EEOC.

Please let me know if you need me to clarify this for you.


Edited by Experienced Attorney on 2/1/2009 at 8:23 PM

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Expert: Experienced Attorney
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Answered: 2/1/2009

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