Employment Law

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Customer Question
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I need to speak to a lawyer about being unfairly terminated

Lawyer's Assistant: Have you documented this or discussed it with HR?

No

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Full time

Submitted: 1 year ago.Category: Employment Law
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Customer reply replied 1 year ago
I have been an excellent worker. I received a great evaluation two weeks before I wrote my manager about racist comments and abusive language by a coworker. I got a $2000 increase based on performance. As soon as I wrote my manager about the complaint, of which he was aware for months, he called me to a meeting with HR to question my performance. I was then given a letter indicating that my performance was lacking and I was given a Performance Improvement note. My manager then created an environment that was blatantly hostile. During that time I had a MRI and was found to have severe compression fractures in my back. I was off work. I called my manager every day. I was in the emergency room twice. I was given a medication for severe pain (Tramadol) that completely knocks you out. I was then terminated for job abandonment.
Answered in 20 minutes by:
8/3/2017
Employment Lawyer: John, Employment Lawyer replied 1 year ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,050
Experience: Exclusively practice labor and employment law.
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Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

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Employment Lawyer: John, Employment Lawyer replied 1 year ago

You do, at the very least, have what is called a prima facie case of Title VII retaliation. What this means is you can meet the basic elements of a civil rights claim - which are 1) you are part of a protected class, 2) you are qualified for your job but treated adversely to similarly situated employees in the majority (i.e., white employees), 3) suffered an adverse employment action logically related to your reporting a violation of the Act. With this you can bring a charge and it is for the employer then to attempt to refute your allegations with a legitimate non-discriminatory reason for your termination. From your question it appears you have a good record and they otherwise cannot refute it, so you probably can sustain this case in a court.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Employment Lawyer: John, Employment Lawyer replied 1 year ago

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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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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