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When to File a Racial Discrimination Claim

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  • 04-24-2011, 11:57 PM
    XxRaVeNxX
    When to File a Racial Discrimination Claim
    My question involves labor and employment law for the state of: TN

    So, I recently let go from my job, from being tardy twice, written up and let go. It was only supposed to be a suspension, but they never did call me back to come back, like they said they would. Filed for unemployment, it was approved, probably because the employer never responded to the claim.

    I recently also filed a labor claim for unpaid overtime, which they are currently investigating, since the company doesn't keep accurate record of hours worked.

    Even though I'm typically not the one to play the race card. I'm pissed at the way they did me, and someone else being late and nothing is even said to them.(For me, one verbal warning, second time, write up/suspended/fired.) There is no handbook with my company. Now nothing discriminatory is said to me the entire time I was employed, so no witnesses. But, being the only minority with the company, would it right to place the race card just almost to be malicious, or maybe I don't want to see what was there...
  • 04-25-2011, 12:05 AM
    Mr. Knowitall
    Re: When to File a Racial Discrimination Claim
    If you believe you can prove that your termination for being late for work was motivated by your race, I suggest discussing the details of your situation with a plaintiff-side employment lawyer and evaluating how to proceed based upon the advice of your lawyer. Even if we take you at your word that other employees weren't written up, suspended or fired for tardiness, we don't know enough about your situation to assess whether your employer's more rigid application of its rules to you was justified by the full facts or was discriminatory. For example, if you are supposed to be on the job to open up or to greet customers at the moment the business unlocks its doors, the fact that other employees are allowed to be late may have to do with the fact that their job duties are different and their lateness doesn't harm the business.
  • 04-25-2011, 07:01 AM
    antrc170
    Re: When to File a Racial Discrimination Claim
    Quote:

    Quoting XxRaVeNxX
    View Post
    Now nothing discriminatory is said to me the entire time I was employed, so no witnesses. But, being the only minority with the company, would it right to place the race card just almost to be malicious,

    Just because you are a minority doesn't give you the right to show up to work late.
  • 04-25-2011, 08:24 AM
    XxRaVeNxX
    Re: When to File a Racial Discrimination Claim
    Well, just curious, everyone stated that I wouldn't get Unemployment. But on the letter it stated,that 'since the claimant has shown an acceptable reason for not meeting employer's attendance expectations, the agency finds the separation does not constitute work-related conduct.'


    All I said was due to traffic, and it wasn't habitually late, just twice in eight months.
  • 04-25-2011, 08:27 AM
    antrc170
    Re: When to File a Racial Discrimination Claim
    The facts of your case are...
    1. You were late to work.
    2. You were disciplined for the infraction.
    3. You were terminated for repeat offense.
    4. You never experienced anything that would amount to discrimination. ( You admitted that much)

    So, basically you have no case. Find another job. Stop blaming the company for your own transgressions.
  • 04-25-2011, 09:08 AM
    flyingron
    Re: When to File a Racial Discrimination Claim
    The race card to be malicious seems like you are being racist yourself. You bring up race when you are discriminated against, not because you feel it would be an effective way of retaliation.
  • 04-25-2011, 09:51 AM
    eerelations
    Re: When to File a Racial Discrimination Claim
    OP, the law doesn't change from site to site.
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