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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12801
Experience:  Significant experience in all areas of employment law.
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Hi Patrick- Okay, im fired for something that I was told

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Hi Patrick-
Okay, i'm fired for something that I was told to do by my boss, after i am fired, if the company continues to let my replacement do the same thing I was accused of, can that show discrimination?
Hello again and thank you so much for requesting me to answer your question.

As I noted in my previous answer, "discrimination" is only legally actionable if adverse employment action is motivated by a legally protected trait, such as race, religion, or gender.

Being fired for something which a replacement is permitted to continue doing certainly indicates that your alleged "violation" may have been a pretense to let you go for some other reason, but you still need to show discriminatory intent. As the plaintiff you always bear the burden of proving a case by the preponderance of the evidence, and proving that the reason you were let go is without merit is a start, but on it's own doesn't get you all the way there.

Do you suspect discrimination on the basis of a protected trait? If so what evidence do you have to support that? You will need something, preferably several things in order to satisfy the requisite burden of proof. Heading into a discrimination lawsuit without sufficient evidence is the generally a bad idea, so be give careful consideration to what you can prove before taking action.

As always, please feel free to let me know if you have any further concerns. I am more than happy to discuss this further with you if necessary.
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