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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I believe I am being blackballed at work. I have been on

Customer Question

I believe I am being blackballed at work. I have been on this job since the end of June. I was being trained by a young lady of Mexican decent for the graveyard shift. She trained me very well for the for part of my job. We were told that the graveyard shift at work was ending so I moved to the 2nd shift. That's when the trouble started. My trainers started giving me incorrect information regardong aspects of my job but mostly missing important information that was needed for me to succeed at my job. My supervisor who is also of Spanish begin to send people to sit with me under the guize of me training them for the job but really to watch me and report back to him because the wereconly there a couple of days. I fell like I am being harrassed into quitting my job. What can I do?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: In Kansas.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I an employed full time via an agency who is contracted to hire for this company fulltime.
JA: Anything else you want the lawyer to know before I connect you?
Customer: This is not an isolated incident that's why I use the term blackball
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, blackballing is not inherently illegal. No law generally requires employers to manage their employees fairly, or to be reasonable. This is so because employment in the state of Kansas is "at will" absent an express agreement to the contrary. At will employment can be terminated or modified for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination/modification is fair, reasonable or even true.

So, in order to have any possible legal recourse, you would need to be able to prove that the way you are being treated is because of a legally protected trait. You mention race a couple times in your post. If you believe that you are being treated this way BECAUSE you are not latina, that would be illegal. However, the burden of proving this falls on your shoulders, and it is not proven simply because you are of a different race than the people treating you poorly. In general, you would need additional affirmative evidence, such as derogatory comments about your race, or a strong pattern of treating people of your race less favorably.

If you do believe you can prove that your employer is motivated by race, your recourse is to file a complaint with the EEOC. The EEOC will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney.

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....

Customer: replied 1 month ago.
I am also 62 years old and those same individuals are always accusing me of things I didn't do to make me look incompetent.