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I was terminated on Sept 29 after I had disbuted performance…

I was terminated on...

I was terminated on Sept 29 after I had disbuted performance review. I had filed complaint with my general manager, director and HR due to harassment, treated differently and held to different standards than male counterparts, asked to and refused to change presentations as violations of ethics and compliance. I was made to work over 20 days straight and required to work on sick days, I have diabetes. I also worked for pharmaceutical company who is in diabetes. I was put on performance plan after I filed complaint. No follow up from HR, general manager or director. I’m concerned about timeline as I just found out about EEOC.

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

I did discuss with HR and director and general manager prior. Manager and director terminated on phone. I was told it was final.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I do not belong to a union. I was in pharmaceutical sales.

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

No follow up from complaints filed. I was put on performance plan after. I’m 44, have diabetes, only female on direct team. No previous bad reviews. Was promoted to senior account manager. New Manager who was a peer (he did not receive promotion it was career development) and no training. Former manager contacted an employee I had worked with in past and discussed.

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Answered in 3 minutes by:
3/20/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,879
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

So if I am understanding correctly, you were put on a performance plan and ultimately fired, and you believe that this was retaliation for the fact you complained about gender discrimination and gender-based harassment. Is that correct? If not, can you clarify? Also, can you please clarify for me what your specific question is? Are you asking if you can take legal action? I very much look forward to assisting you on this matter.

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Customer reply replied 1 month ago
Gender discrimination, gender based harassment, retaliation for filing complaint, violation of ADA I have diabetes as was not given accommodations, age discrimination (44), violations of being asking to change documents which is strictly prohibited by Abbott office of compliance. Others were given severance packages. My specific question is do I need to fill out EEOC compliant and time line to do so. Also can I take legal action.
Customer reply replied 1 month ago
Will you be calling me? Sorry not sure how this works
Customer reply replied 1 month ago
Ok so how do we proceed?

Sorry for the confusion. A phone call is an option, and unfortunately not one that I would personally fulfill for you as I am not set up for phone calls. Your phone all request has been forwarded to other attorneys on the site who may accept and call you. If you'd like, you can wait for your phone call request to be accepted, or if you would prefer we can just continue here through this written forum. Please let me know...

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,879
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 1 month ago
We can continue through written. Will I be charged for call?
Joycelaw
Joycelaw, Attorney
Category: Employment Law
Satisfied Customers: 114
Verified
Phone call session started

It looks like another attorney just accepted your phone call request. I apologize for the confusion here, it is frustrating to me too.

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Would you still like to continue here, or take the phone call with the other attorney?

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Customer reply replied 1 month ago
Tell me your thoughts on this please

Sorry--does that mean you want to continue here?

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Customer reply replied 1 month ago
that’s fine. Unless you feel I need to speak to someone on phone

I can assist you here.

It is illegal to treat you differently specifically because of your gender, and it is also illegal to take any adverse employment action against you because you have complaining about any such difference in treatment due to gender. It can be difficult to prove that this was the true reason you were treated differently, but a circumstantial case can usually be made by comparing the way you were treated to the way people of the opposite gender were consistently treated. Other things, such as derogatory comments about your gender, "men only" meetins or things along that line would be very helpful in proving that gender was your employer's specific motivation, but these things are not specifically required.

You are REQUIRED to file a complaint with the EEOC or your state equivalent agency before proceeding with a lawsuit in civil court. The EEOC will investigate your claim and attempt to mediate a resolution with your employer. That not forthcoming, they will issue you a "right to sue" letter, which will enable you to pursue a lawsuit with the assistance of a local employment attorney.

I hope this helps. If there is anything else I can do for you, just let me know. It's my pleasure...

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Customer reply replied 1 month ago
I live in NC what is time line to file. I was fired on Sept 29. Can I file on line? Is there a specific website or agency EEOC contact? How do I find lawyer in my state?
Customer reply replied 1 month ago
I live in NC what is time line to file. I was fired on Sept 29. Can I file on line? Is there a specific website or agency EEOC contact? How do I find lawyer in my state?

NC laws are very complicated in this regard. Complaints in NC must go through the EEOC and be filed with the EEOC within 180 days of the alleged discriminatory acts. After the EEOC investigates they will issue a "right to sue" letter allowing you to sue in state or federal court. However, a claim for wrongful termination can likely be brought under state laws within one year of the termination. This type of action does not allow for the recovery of damages stemming from anything other than the termination itself. I would STRONGLY recommend retaining a local attorney as soon as possible to guide you through this very complex process. Most attorneys handle discrimination cases like this on a pure contingency fee basis so there should be no out of pocket fees.

I hope this helps.

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Customer reply replied 1 month ago
Is there a website for NC employment lawyers

Yes, this is a very good directory.

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