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Old 05-30-2012, 04:07 PM
 
Location: California
4,400 posts, read 13,394,577 times
Reputation: 3162

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Quote:
Originally Posted by vitalaeon View Post
lol is there any employer even stupid enough to do this?
You would be amazed. But the short answer is yes, there actually are.

When I did my HR Certificate, I do remember one in which the employer fired a high performing employee for spending too much work time congregating and socializing with "people of her color" and they asked her to stop having workers of color visit her in her office. Wish I could remember the name of the case. It tends to be more in the form of emails or memos to other employees that come to light...but yes. It happens. The link is to a story about an employee suing Hanes.

http://globalgrind.com/news/hanes-em...-black-details
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Old 05-30-2012, 08:28 PM
 
17,815 posts, read 25,637,334 times
Reputation: 36278
Quote:
Originally Posted by reenala View Post
I was hired on my job almost three months ago for office manager. There were two sales guys there when I started. Following my hire another sales person which is a female got hired. The sales Guy that hired me was instructed to let the other two go because they weren't selling any Lumber. After that they started talking about closing down the warehouse. I was told they need me to keep the paperwork going so I'll be there until the final decision has been made. On 5/25/2012 the Guy who hired me wants me to go and train the sales lady to do my job so she can keep a job. I know that was wrong because he had no reason to end my job other than I'm black and he kept his race working. So do I have a case??
Time to look for another job. If they're closing down the warehouse that sells the lumber, they don't need an office manager for too much longer. So even if they replaced you with this woman, how much longer is she going to have a job.

Two salespeople being let go is not good, add in talk of the warehouse shutting down means the handwriting is on the wall.

First it's the sales people, next is the office staff.

Don't waste your time and energy on a lawsuit that you won't win, it sounds like the business is shutting down.

Sorry that happened to you after such a short time, but if anyone questions you why you're leaving after 3 months you have an excellent answer. They're shutting down and you don't want to be without a job.

Best of luck.
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Old 05-31-2012, 12:05 AM
 
11 posts, read 8,784 times
Reputation: 10
Well the office personnel is mainly white and I was the only black in the office part. I heard the Guy on the phone with trucking company and he used the N word. I have never been written up for anything. I did my job up to par. He didn't want his sales lady to leave cause he rather keep his race working and throw me out. Why train a sales person to do my job when she has no experience in administration. Why train someone when they gone close down anyway. So I see it as being racial and he can't justify it.
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Old 05-31-2012, 12:29 AM
 
Location: California
4,400 posts, read 13,394,577 times
Reputation: 3162
Quote:
Originally Posted by reenala View Post
Well the office personnel is mainly white and I was the only black in the office part.

That doesn't actually prove anything, as the EEOC response will be that he hired you and that there is no requirement of a certain number of minorities in any office.

I heard the Guy on the phone with trucking company and he used the N word.

Also, one incident does not make a case. People use inappropriate language all the time. Someone made a comment, yes a horrible one, but that doesn't prove anything unless it is habitual and directed at you. And made into the reason you were let go.

I have never been written up for anything. I did my job up to par.

So did I. I was terminated for something that happened while I was on VACATION. It is a long story involving a boss being afraid of losing her job (and I am in court for another issue in the situation, however there was no legal issue with the termination even though I was let go for something I wasn't even there for), but the point I am making is just because you were doing your job doesn't mean anything when claiming discrimination, especially when people were being fired right and left and there was talk of closing down the warehouse.

He didn't want his sales lady to leave cause he rather keep his race working and throw me out.

This sounds like what you have decided happened because you have decided that is what happened. There is every possibility they had another reason. And, even if their reason WAS that you are black, as long as they can come up with another reason, and it doesn't have to be good, just a reason, you will not win a claim.

Why train a sales person to do my job when she has no experience in administration. Why train someone when they gone close down anyway. So I see it as being racial and he can't justify it.
You said it yourself, they are going to close down anyway. You have no discrimination claim. As for why train someone else to do your job? It is his call, and they have the right to do so. Unless you were fired "because you are black" and not your suspicion, but a written statement TO YOU then you have no claim. And, making it about race just means that you are going to spend time getting angry about an issue that you are not going to change.
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Old 05-31-2012, 12:33 AM
 
Location: southern california
61,288 posts, read 87,420,711 times
Reputation: 55562
u have chosen to interpret the event as a racial attack.
bek u have the EEOC card to play-- this makes sense.
but like the slinky it has been overmarketed and faces extinction.
most employers already have a plan in place for when those they have helped turn on them.
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Old 05-31-2012, 12:48 AM
 
11 posts, read 8,784 times
Reputation: 10
Quote:
Originally Posted by PacificFlights View Post
If you have actual verifiabkle proof that the actions was based on race and nothing else, contact your local office of EEOC and file a complaint. Bring with you copies of the documentation that states they did this or that because of your race. and bring the names of all the other people who knew for a fact that was the reasons and can verify that your race was the reason. Once agian, you must be able to prove that fact based on doumentation.
I did contact EEOC whether or not I win it just wasn't right
Its not about the job cause it wasn't paying enough its about justice. How about one sales guy would let my paper float to my desk instead of handing it to me. Everytime a FAX or copy was for me. Either way if I wasn't doing my job why keep me this long. I wasn't going to train her to do what I'm already there to do. Even an employees in the corporate office told me that was wrong and she don't blame me for leaving and not train. I'm far from dumb and I heard from the same employee that he and her were having relations. Plus last Friday she kept throwing hints that I better get another job and kept making up lies for all the reasons for me to train her. Okay you think I will really scoop that low and do that. Hire a qualified person to do it if its that serious.
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Old 05-31-2012, 12:51 AM
 
11 posts, read 8,784 times
Reputation: 10
I have witnesses so he better get paperwork together on me cause I haven't seen one or signed one.
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Old 05-31-2012, 12:53 AM
 
Location: California
4,400 posts, read 13,394,577 times
Reputation: 3162
Paperwork on your performance, signed or not, is NOT going to be enough to prove discrimination. I wish you luck but I would be VERY surprised if you prevail with the EEOC
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Old 05-31-2012, 12:56 AM
 
11 posts, read 8,784 times
Reputation: 10
Quote:
Originally Posted by thebunny View Post
You said it yourself, they are going to close down anyway. You have no discrimination claim. As for why train someone else to do your job? It is his call, and they have the right to do so. Unless you were fired "because you are black" and not your suspicion, but a written statement TO YOU then you have no claim. And, making it about race just means that you are going to spend time getting angry about an issue that you are not going to change.
Are you an EEOC counselor? If not then don't you assume what was racial or not. Ijs
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Old 05-31-2012, 01:02 AM
 
11 posts, read 8,784 times
Reputation: 10
Quote:
Originally Posted by thebunny View Post
Paperwork on your performance, signed or not, is NOT going to be enough to prove discrimination. I wish you luck but I would be VERY surprised if you prevail with the EEOC
I got enough to prove my case. He know he left the door wide open for me to file a charge and I will update my outcome. Even EEOC TOLD ME I HAVE A LAW SUIT!
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