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I work for a dentist. i called in sick and the manager

Customer Question
I work for a...

I work for a dentist. i called in sick and the manager texted me 'if i didnot report to work i would be sorry: I am a black women and have been treated unprofessionally since i have worked there. Yelled at, was never allowed to take a break when the other staff who smok,take break. I stay OT and everyon leaves on time. My job destriptions says one thing and I am assigned things . I was told I was hired to assist the dental assistant who make 14-18hr. i am asked to do their job and i make 12hr. The manager talks to me like i am a slave.

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

Albany New York

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

Part time. no union Can a manager text an employee with a threat

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

I have been askd to resign becaus my Dr. took me off wk last year.

Submitted: 2 months ago.Category: Legal
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Answered in 5 minutes by:
12/11/2017
Lawyer: Loren, Attorney replied 2 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 36,294
Experience: 30 years experience representing clients.
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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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Lawyer: Loren, Attorney replied 2 months ago

Before I answer a bit more detail would be helpful please.

1. Do you have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?

2. Do you believe you were treated differently than other employees due to race, religion, ethnicity, etc.?

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Customer reply replied 2 months ago
I have a fixed term for caus of termination or discipline
Yes I do feel I a treated differently because of my race. Can a manager threaten you
Customer reply replied 2 months ago
can a manager text me at my home and theaten me"if you don't come to work you will be sorry"
Lawyer: Loren, Attorney replied 2 months ago

I am sorry to hear of your situation, but I do have information which you will find helpful.

Yes, a manger may threaten, unless the threat is motivated by membership in a protected class.

If what you say can be proven then you have a claim for hostile work environment based upon racial 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. If you are still working there your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.

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

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Lawyer: Loren, Attorney replied 2 months ago

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

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Loren
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