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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20293
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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What is the best route to take that's terminated

Customer Question

What is the best route to take for someone that's terminated with discrimination & who has evidence to support their case? EEOC or write an email to HR explaining their situation with all evidence if one is attempting to get their job back?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Hello,Thank you for the information and your question. Was this an issue that HR knew about or participated in?
Customer: replied 2 years ago.
Yes please see the two attached documents where you will find a conversation I had with my supervisor and the other is the email I sent to my manager where HR was cc'd to address the problem I was dealing with when it came to my supervisor Kevin. HR responded with a conference call scheduled in the few days to follow. At the HR meeting which I requested my issue wasn't addressed or even brought up instead I received a write up for my tardiness which wasn't even the reason I engaged HR for. To follow is my second write up for being late again two weeks or so later. Last two days ago I was terminated for being late twice in a month period. I was a hard working and enjoyed what I did and for it I lost my job for engaging HR to my situation at work. Now for the tardiness my department doesn't have one an attendance policy in place and two since my whole department moved from contract work to transitioning to Amazon employed employees everyone at the office has been late numerous times but I'm the only one to be chosen from the group due to my supervisor disliking me. I was thinking about reaching out to the EEOC but I don't want Amazon spooked to where I can't get my job back. I honestly just want my job back it was more than a job to me but a hobby.Actually I am not able to send the full conversation with my supervisor due to being too big of a file. But the conversation is mentioned in my email to my manager and HR.
Thank you for your assistance.
Customer: replied 2 years ago.
Sorry left out the email. Here it is.
Expert:  Marsha411JD replied 2 years ago.
Thank you for your reply and the information. Since HR was already involved in this situation, contacting them yourself would not likely result in a change of the outcome. So, there is really only a couple of options. One is to sit down with a local employment law attorney and discuss your case in detail and see if they think that if they write your employer a letter outlining your position that you were a victim of unlawful discrimination and saying that you are willing to avoid litigation if you are reinstated, it will be effective. In other words, you contacting them isn't anything new, but having an attorney do so, might get them to move off of their position.Otherwise, if you believe that you were a victim of unlawful discrimination, then you can file a complaint with the EEOC. The Company isn't any less likely to want to resolve the situation if you do. In fact, they may be more likely. The EEOC will ask all the parties to mediate a settlement right from the start so you will know if the Company is willing to consider taking you back.
Customer: replied 2 years ago.
I also have text messages outlining my situation with my supervisor as attached
Customer: replied 2 years ago.
And a report of all employees working in my department including myself on arrival times to work which shows that others have been tardy and dealt with nothing but I end up dealing with this as being an issue which the report goes back to the start of our transition to Amazon
Customer: replied 2 years ago.
I was just hoping with all this evidence would be sufficient enough for HR to reinstate me without being threatened by lawyers or the EEOC. Is my way of thinking here wrong I would appreciate your honest opinion
Customer: replied 2 years ago.
I was making 100k plus perks and just recently signed a lease for an apartment that's costing me 1400 a month plus utilities. They literally handicapped me where I can be evicted with eviction on my record and broke and they want their bonus back as well like I can afford that now
Expert:  Marsha411JD replied 2 years ago.
As mentioned, since HR was already involved in this they are not going to move off of their position just with your contact. An attorney's contact might make them consider reinstating you, but not likely absent you filing a complaint or suit. That is just not how these things get resolved.
Customer: replied 2 years ago.
Ok understood one last thing which do you recommend I go with the EEOC or hiring a lawyer?
Expert:  Marsha411JD replied 2 years ago.
You might try to EEOC first, since it is free. However, it will not be a fast as having an attorney try to shake them up first. So, it depends on how soon you want to know if they will take you back.