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I was discharge from my job by asking the the manager about…

Hi, I was discharge...

Hi, I was discharge from my job by asking the the manager about wearing work boots. My question was not answered and the manager assume that that boots that I was wearing at the time wear the shoes I would wear but was not the case, I had my shoes in my bag just hadn't changed them and he told me to go home. He stated his reason for letting me go because I was loud and unprofessional; I was late, I called him prior to coming that I would be a few minutes late; I don't meet the skill standard of the job. I was doing everything and more. He wasn't training me. Do I have a good case?

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

PA.

Lawyer's Assistant: Has anything been filed or reported?

This is not real estate

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

Yes

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Answered in 1 minute by:
3/10/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,211
Experience: 30 years experience representing clients.
Verified

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 satisfied customer 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.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

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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 5 months ago
I feel like I was being mistreated.

Mistreated based upon your race, religion, ethnicity, etc.?

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Customer reply replied 5 months ago
based on disability
Customer reply replied 5 months ago
I am breast cancer survivor, my doctor signed papers that I was able to do my job and I did everything they asked me too do. One of the reasons of the discharge was that I didn't reach the skill set standard of satisfaction of the Job and that is untrue.

Thank you for the additional information and your patience.

In order to establish a claim for discrimination. You need to establish a prima facie case.

The federal case of McDonnell v. Greene established the criteria necessary to establish a prima facie case of discrimination, which created a four-part test. The following criteria must be met:

  • Protected Class - You must be a member of a protected class defined by their race, gender, national origin, age or disability.
  • Qualified For The Position - You must be able to prove that you are qualified for their current position.
  • Adverse Employment Decision - Regardless of your qualifications for the position, you must prove that the employer actually took action against you, which had an adverse effect on your employment status. This might include being demoted, receiving a poor performance review, not receiving a raise or bonus, being transferred to an undesirable position or discharged altogether.
  • Similar Employees Treated More Favorably - here are actually two different ways to establish this fourth point. If the employee received disparate treatment or was replaced by an individual outside the protected class, both of these reasons can be offered as evidence. If employees in a similar position were treated more favorably, this may be proof that you were discriminated against.

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

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

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Customer reply replied 5 months ago
I will look further into talking to an attorney who you suggested, thank you, ***** ***** very helpful.

You are very welcome.

If you have no further questions, and have not yet done so, 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.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,211
Experience: 30 years experience representing clients.
Verified
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Loren
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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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