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My Husband works for a large trucking co for 25 years .He has…

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My Husband works for a...
My Husband works for a large trucking co for 25 years .He has been out of work with a med. disability for 4 mo. drawing short term disability. He was released to go back to work last friday. This week he got a phone call from his terminal manager saying he could come back to work but that he had lost his bid senority. This now puts him on the bottom of the driving board only getting part time city runs.He was informed that he had had only 3 months to get back to work to have his job saved, he asked why no one had informed him of this, they said they had sent him a packet of paper work.But we found out later that they did call another man from the terminal out on med leave, who happens to be cacasiun After talking to several other drivers in the company we find out that other drivers have been out the same amount of time and longer,and that when they did go back to work they went right back to the same level of senority as they had when they went out.The only difference we can figure out is that my husband is hispanic and the other men are white. Do we have any way to fight for his job back.We are talking a large differece in salary. He has had to fight for years to be treated eqaul and never wanted to fall on saying he is discremenated against, he is a hard worker and has always gotten excellant reviews, so we know it is not a performane issue. Can anyone give us any advice
Submitted: 8 years ago.Category: Employment Law
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Answered in 2 minutes by:
6/26/2010
Employment Lawyer: Ellen, Lawyer replied 8 years ago
Ellen
Ellen, Lawyer
Category: Employment Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

You appear to have a discrimination case against your employer based upon race. Here is why

Absent a written agreement to the contrary, an employee can be treated differently or discriminated against for any reason, as long as the reason is not prohibited by law.
Federal laws prohibit employment discrimination on the grounds of race, religion, sex, national origin, age, disability,past, current, or future military obligations, FMLA usage or filing a workers compensation claim.

If you think that your treatment was based one of these protected areas you may have an actionable claim against your employer.

To make a claim against your employer, you must file a "charge of discrimination" with the EEOC. The charge must be filed by mail or in person with a local EEOC office within 180 days from the date of the alleged violation.
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Customer reply replied 8 years ago
Relist: Incomplete answer.
Employment Lawyer: Ellen, Lawyer replied 8 years ago

Sorry my answer appears incomplete.please restate the portion of your question that was unanswered
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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