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Can I Sue for Reverse Discrimination

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  • 08-05-2012, 10:24 AM
    tonymac
    Can I Sue for Reverse Discrimination
    My question involves labor and employment law for the state of:

    Ok I was terminated (laid off) a few days ago. As it is, I was the only person in the whole company who was white and under 50. Everyone else was either over 50 or a minority. I was told by the person that was in charge of the business that the termination had nothing to do with my performace. But as far as I know I was the only person laid off. Yet they told me that the head corporate office called for layoffs. So why me if it had nothing to do with my performance as I was told. Perhaps everyone else was over 50 and a minority or had so many health problems that they are afraid to let go of them.

    Can I have a taped phone call from a mock person to have ask about my performance and to find out if they give any details. If I had it on tape that my performance had no reasoning for me being let go then do I have a case when others have been out of work for months on disability but their jobs are protected. This is in New Jersey.
  • 08-05-2012, 10:42 AM
    jk
    Re: Can I Sue for Reverse Discrimination
    Quote:

    Can I Sue for Reverse Discrimination

    No. There is discrimination and there is discrimination. Reverse discrimination is a term coined to attempt to explain what you are suggesting but in reality, it is simply; discrimination


    did you ever think it was because of seniority? or nepotism? or they like you less than they like the other employees?
  • 08-05-2012, 11:24 AM
    tonymac
    Re: Can I Sue for Reverse Discrimination
    My relative was formerly head of the company. He was bought out 2 years ago and left.
    For years my workload has been low but I have done everything asked and asked for more work.
    I was the youngest person in the company. According to my boss with the increased computer programs the workload was not there. Yet my bosses boss said me being laid off had nothing to do with me but was due to a downturn in comPany performance. My direct boss likely did not like my relative as my relative brought in a new younger person at a higher position than my boss
  • 08-05-2012, 11:34 AM
    jk
    Re: Can I Sue for Reverse Discrimination
    Quote:

    My direct boss likely did not like my relative as my relative brought in a new younger person at a higher position than my boss
    sounds like retaliation due to your relationship with the former owner. Nothing illegal about that.
  • 08-05-2012, 11:44 AM
    tonymac
    Re: Can I Sue for Reverse Discrimination
    ok I guess there is nothing I can do. Would you try to state this when negotiating severance. Would it be risky to have an attorney even mention this as I have an offer for 5 months severance but I want more.
  • 08-05-2012, 01:35 PM
    jk
    Re: Can I Sue for Reverse Discrimination
    if it was my company, the instant you started suggesting you are considering suing, the severance offer would be off the table, as well as anything else short of a boot. You would walk away with whatever you walked into the meeting with.
  • 08-05-2012, 06:14 PM
    tonymac
    Re: Can I Sue for Reverse Discrimination
    Quote:

    Quoting jk
    View Post
    if it was my company, the instant you started suggesting you are considering suing, the severance offer would be off the table, as well as anything else short of a boot. You would walk away with whatever you walked into the meeting with.

    I understand. I was given I guess a standard form which says if I take the 5 month severance then I cannot sue. Suppose my boss was mad that he did not get the promotion and instead a new person was brought in. Then he decided to basically blacklist me by seemingly stopping give me work to do. So this was his form of retaliation and he basically decides that he did not advance so he will take it out on me. The HR shill who talked to me told me that they recommend me talking to a lawyer. So I have the lawyer call up the HR shill and without any threats of suing, just talk to the HR shill and inquire if it was possible that my boss was angry at my relative for not promoting him and decided to not allow me to be an asset to the company by not giving me much work and basically stopping me from any advancement. So the lawyer could imply something but not threaten to sue. And I would not be doing it. My main goal is to get as much severance as possible. Do you think this will be possible at all.
  • 08-05-2012, 06:17 PM
    jk
    Re: Can I Sue for Reverse Discrimination
    You can always try but realize, the lawyer is going to cost you money. If the purpose is to maximize your severance pay, be sure to weigh the cost of the lawyer against any reasonable gains you might realize.
  • 08-05-2012, 06:59 PM
    Disagreeable
    Re: Can I Sue for Reverse Discrimination
    You are in a very weak position to attempt throwing any weight around.
  • 08-05-2012, 07:37 PM
    tonymac
    Re: Can I Sue for Reverse Discrimination
    Quote:

    Quoting jk
    View Post
    You can always try but realize, the lawyer is going to cost you money. If the purpose is to maximize your severance pay, be sure to weigh the cost of the lawyer against any reasonable gains you might realize.

    Even if I pay for a lawyer, each months salary is around 7K so to get more severance pay would be worth it unless it seems like I have no case at all and nothing to gain. If I did get more severance pay how much more should I ask for and would you as an employer just say bs or would you pay more severance to shut me up
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