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I was terminated for saying a saying my grandma used to say…

Customer Question
I was terminated for...

I was terminated for saying a saying my grandma used to say about my heritage. HR never met with me, but said I was prejudiced. I’m not but believe I was treated unfairly.

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

No. My supervisor at the time said I would not be terminated because I meant no malicious intent. I was terminated the next day. HR never met with me.

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

No I don’t belong to a union. Oklahoma is a at will state.

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

They turned down my unemployment?

Submitted: 30 days ago.Category: Employment Law
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Answered in 2 minutes by:
3/27/2018
Employment Lawyer: P. Simmons, Lawyer replied 30 days ago
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 36,632
Experience: Employment Law Expert
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Employment Lawyer: P. Simmons, Lawyer replied 30 days ago

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

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Customer reply replied 30 days ago
I would like to file with the EEOC. I made a statement at work that my grandma used to say. It had the n word it it. I have Africain America blood in my heritage. I was terminated for this statement. I was told by my supervisor at the time twice I would not be terminated because I meant no malicious intent. The statement was about me and my family.
Employment Lawyer: P. Simmons, Lawyer replied 30 days ago

Did they fire you because of your race, gender, ethnicity or some other protected status?

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Customer reply replied 30 days ago
Because I said the n word
Customer reply replied 30 days ago
In a saying my grandma said
Employment Lawyer: P. Simmons, Lawyer replied 30 days ago

Thanks. That is not a basis to complain to the EEOC.

If you are not a member of a union, you are in an at will employment agreement. In an "at will" employer/employee relationship, either side can end the relationship (the employer can fire the employee or the employee can quit) "at will".

As an "at will" employee your options are limited. Your employer can fire you for a good reason, or no reason at all. The only thing that they can not do is fire for a "bad" reason. A "bad" reason would be if they fired you based on race, ethnicity, national origin, religion or gender some other protected class (like if you were a "whistleblower")

Here, if they fired you because you used the N word, you would not have grounds to sue.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can sue or go to EEOC over this, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 30 days ago
Thank you so much for the information.
Employment Lawyer: P. Simmons, Lawyer replied 30 days ago

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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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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