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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12647
Experience:  Significant experience in all areas of employment law.
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I was recently fired which was not a surprise and I was able

Customer Question

Hello, I was recently fired which was not a surprise and I was able to prepare myself. The floor supervisor told another employee that she was close to that the company was trying to figure out a way to fire me then they started documenting every little error, which in that field you can't help to make errors here and there which everybody encountered regurly but no one got addressed and but me which i have made several complaints in regards ***** ***** treated bad and talked about me in regards ***** ***** black when I was on lunch, a former coworker heard them. Note, i was the only black in an small office and had been that way since at the location. I was fired due to lack of skills and came in the industry Green meaning never worked in the field and had to learn from scratch and felt I did a good job. They let me go with an severance pay of 1200 but I don't know if I have a case because I have witness. should i sign the severance agreement and let it go? forgive me, typing without my glasses
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Is the employment agreement "at will," union, full time or part time?
Customer: yes-at will/ full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have an few emails one is my supervisor emailing on a great job I was doing and keep up the good workd.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 9 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. I am truly sorry to hear that you were let go.

In order to have any sort of claim against your employer, you would typically have to prove that you were terminated BECAUSE you are black and not due to any sort of performance-related issues. This can be very difficult to demonstrate, and candidly the fact that co-workers may have said things about your race would probably be insufficient to prove that your employer terminated you because of your race, as the opinions and statements of co-workers do not necessarily reflect what your employer thinks. Still, if you believe that you could convince a jury it is more likely than not that you would not have been let go except for the fact that you are black, then you may have a viable discrimination claim. You would typically have to forego your severance money in order to pursue the claim, so you need to decide whether that is worth it. Generally speaking, without more compelling evidence of an actual discriminatory intent, it is not worth it. You may wish to try negotiating the amount of the severance, as severance is usually negotiable.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....