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I was looking for some aasistance in finding a lawyer to represent me, I want to file a lawsuit against my employer for discrimination and wrongful termination.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

OH

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

Full employee, I was employed at OSU Ross Heart Hospital

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

I believe its at will

Submitted: 7 months ago.Category: Employment Law
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Answered in 1 minute by:
11/27/2017
Employment Lawyer: Loren, Lawyer replied 7 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,809
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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Employment Lawyer: Loren, Lawyer replied 7 months ago

How long ago was the wrongful termination?

Have you filed a complaint with the EEOC?

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Customer reply replied 7 months ago
11/22/17. My head mgr was waiting for me at the beginning of my sbift to hand me the paperwork and I dont believe I have filed a claim with EEOC. Just with the company itself to Human Reaources and Affirmative Action
Employment Lawyer: Loren, Lawyer replied 7 months ago

Thank you for the additional information.

If what you say can be proven then you have a claim for hostile work environment based upon illegal discrimination. The minimum requirements to sustain the claim is called the "prima facie" case. Courts have come up with a four-part test that employees must meet to establish a prima facie case of discrimination under Title VII. If an employee can present evidence of each element, the employer will then have to present evidence that its decision was not discriminatory. If an employee can't make a prima facie case, the employer can ask the judge to dismiss the lawsuit.

The elements of a prima facie discrimination case are:

The employee is in a protected class (based on race, gender, and so on).

The employee was qualified for the position.

The employee was fired or subject to other disparate treatment.

An employee outside of the protected class was given preferential treatment.

Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.

To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint.

An attorney is not required, but it would be invaluable in this type of claim. It is not simple litigation and there is no reason you need to learn as you go. Additionally, if you prevail, you would be awarded your attorney fees and many attorneys who handle this type of claim, do so on a contingency fee basis. So, it should not cost you anything upfront.

If you need help finding local counsel, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

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Employment Lawyer: Loren, Lawyer replied 7 months ago

Did you have further questions? Have I answered your question? Please let me know.

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