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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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Let me start of by saying that I am a Black male who was recently

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Let me start of by saying that I am a Black male who was recently fired by a contract driller last month after only being employed for 6 months. The hiring manager who brought me over to the company was only on the job for 5 months before he was fired in the 5th week of my employment. I was the only male in the department coexisting with 4 females. Long story short, The five us went to a happy hour where the four women bashed all of the men in their lives for an hour while I stood witness. The leader of my department told me in that I could hold her purse. Two weeks later I was fired for performance issues, the leader had only been with the company for 5 weeks. The derisive comment was made in front of other members of the department and laughter ensued. There were other instances of possible discrimination but this appears to be the most blatant.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Did you have a contract of employment stating that you could only be terminated for cause?

Can you refute the allegations of performance issues?
Customer: replied 3 years ago.

The company never shared with me what the exact performance issues were. I never received a notice of corrective discipline or warning.The company used the term at will. I don't believe that I had contract that stated that cause was needed but I can research this.

If they used the term "at will" then you did not have a contract.

At will employment can legally be terminated at any time, with or without cause.

Now, the fact that they named a cause here, performance issues, helps with any discrimination claim that you would make.

You've certainly described some issues that suggest that gender could have played a part, but the more important facts would be to refute their claim of performance issues. When an employer gives a reason, and that reason can be proved false, then it appears that they are making things up....we call this a pretext for illegal discrimination.

So, the only way you're going to know if you have a claim is to actually file a complaint with the EEOC. Allege that you were terminated based on performance, without any performance issues ever being raised to you. State that you worked with females that treated you poorly and appeared to be setting up their own, female-centric office. Challenge the employer to identify and then prove the alleged performance issues against you and if they can't, then you'll know the strength of your potential discrimination claim.

You don't need an attorney to go through the EEOC. They are free and tasked with figuring this sort of thing out, so that is the first step here.
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