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If you've been Wrongly Terminated, and you know its not the…

If you've been Wrongly...

If you've been Wrongly Terminated, and you know its not the reason they gave you, and you know its Age/Racial Discrimination, can you file a Discrimination lawsuit?

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

Conroe,TX

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

In the process of filing, done the inquiry

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Answered in 3 minutes by:
3/12/2018
Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 20,625
Experience: Lawyer and legal specialist.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Yes, you can. However, you first have to go through the EEOC process so that the matter can be investigated and preserved for trial.

Filing with the EEOC is free and doesn't require an attorney. It would allow you to have the matter fully investigated by a third-party federal agency. Then that agency gives you the evidence they collect, along with their impression of your case. Regardless of their impression, you are then given the right to sue.

Completing the EEOC process is the best way to secure an attorney as well, because many will want to see the report in order to determine their interest in the case.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 5 months ago
I was told that for it to be Racial Discrimination, I would have to prove it by Racial Slurs used or other ways, which I don't have evidence to use, but I know that is the only reason, because the reason they are using, I have proof to present to a lawyer to back it up.

You don't have to prove anything to file the EEOC complaint.

You just need a suspicion and that government agency then looks for proof to back up your suspicion. Certainly, racial slurs is one form of evidence. However, another form is adverse employment action (being terminated) and then the reason being given for the termination is not true (called a pretext for discrimination). You can also show hostile work environment, meaning being treated poorly with your race being one possible cause, particularly if others that do not share your race are treated better (called disparate treatment).

Yes, you bear the burden to prove your case when you go to court, but the EEOC is not a court. They are the first step to getting that better evidence to present in court.

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Customer reply replied 5 months ago
Thank You!!!

No problem. Good luck going forward.

Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 20,625
Experience: Lawyer and legal specialist.
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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.

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