How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117386
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I was working for a contract company of access a ride company

This answer was rated:

I was working for a contract company of access a ride company for over 2 and a half years. During that time I never received any disciplinary infractions or write-ups. Back in March I wrote up one of my managers for using vulgarity towards me and I also pointed out in my letter that he is constantly intoxicated when he shows up at work. They company said that they conducted an investigation but never gave him a urinalysis test. I requested to be changed to the morning shift and got rejected. I have been in school since August of 2011 and the company knows. All of a sudden the Senior Manager fired me because he said that my school scheduled conflicted with my work schedule.I believe is retaliation. What should I do?
Thank you for your question. I look forward to working with you to provide you the information you are seeking. Thank you for asking for me.

Do you have a written contract for employment with this company or are you under a union contract?

Has this company or supervisor done this to you based only on your age/race/sex/disability, or is this being done in retaliation for you reporting him as being intoxicated?
Customer: replied 4 years ago.

Theirs no contract for employment. Nor is their any union. Its being done in retaliation by the Senior Manager. The manager I wrote up told me that he was untouchable and that nothing would come of me writing him except me getting fired and he was right.

Customer: replied 4 years ago.

I also reported the manager who is Hispanic and I'm black for giving more hours to the Hispanic drivers and less to everyone else. I was responsible for the scheduling and I tried to make sure that everyone got as close to 40 hours as I could after the hours were sent over by Transit. However, when the manager used to come in, in the morning he used to change it around and give who he wanted to give hours.

Thank you for your response.

Under NY law, employment absent any written contract is considered at will. An at will employee may be fired by an employer for no reason at all or for any reason at all except solely based on their age/race/sex/disability or in retaliation for them exercising a legal right and the employee's sole recourse is in unemployment.

Here you are alleging that you are being fired in retaliation for reporting that a supervisor at a transportation company was intoxicated at work and for discriminating against black employees in favor of Hispanic employees. These reasons would be grounds for you to be protected from retaliation for making such complaints. Thus, your claim is a retaliatory discharge based on reporting unsafe work conditions as well as reporting discrimination. It does not matter that your reports of unsafe work conditions or discrimination were substantiated or not for the purposes of retaliation.

In this case, as you are alleging not just retaliation, but some discrimination in giving hours as well, you would need to report this to the EEOC for investigation as part of the requirement that you must exhaust administrative remedies. The EEOC will investigate the matter and if they cannot resolve it they will issue you a right to sue letter which gives you 90 days to file suit against the employer for the discrimination as well as the retaliation. You can contact the EEOC at and get the complaint process started.

Once they issue a right to sue letter you will need an employment attorney to file suit, so you should start looking for a local employment attorney as soon as you file your complaint and you can find one at the same sites used by other attorneys, or or

Additionally, you need to file for unemployment and if they try to deny your unemployment benefits, you need to file an appeal. They have to prove you committed some misconduct directly related to your employment to deny you benefits if otherwise eligible and if they do deny your benefits you need to consider using an unemployment law attorney to represent you in the appeal (they do not charge up front typically and generally only charge about 20%-25% of the benefits they win for you) as they greatly increase an employee's chance of success on appeal in unemployment cases.

Thank you so much for using I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 4 years ago.

is there a statute of limitations on filing the complaint with eeoc? I was just recently fired on May 31.

Thank you for your response. You have 180 days to file a complaint from the last discriminatory act (300 days if there was ongoing discrimination). Thus, you have some time to file, but I do not suggest delaying.
Law Educator, Esq. and 5 other Criminal Law Specialists are ready to help you

Related Criminal Law Questions