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  1. #1
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    Jun 2008
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    Default Retaliation Discrimination

    My question involves labor and employment law for the state of: California

    I was terminated from a theme park in buena park in April of 06. I Recently married my wife who was also employed by this theme park several times before that.

    When the call for new hire for a certain event in October was held at the employment center, my wife was in the line for employment. She was there to support a friend and gain employment for that event.

    To make a long story short, she was told she was not allowed to come on the property again because of what happened with me by a security guard manager. She was not allowed to apply for a job because of me.

    She called the eeoc and filed a claim with them, and they stated she has a case. Does anyone know what kind of recourse she has against this former employer after the report is made by the eeoc. What type of lawyer should i be looking for? If at all. And can we get a lawyer to sue the park for this discrimination?

  2. #2
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    Default Re: Retaliation Discrimination

    First of all, retaliation and discrimination are two entirely different concepts. There is no such thing as "retaliation discrimination".

    Based on what you have posted she does NOT have a case (and the EEOC does not tell people on the phone that they do or they do not). You're going to have to provide more detail.

  3. #3
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    Default Re: Retaliation Discrimination

    Quote Quoting jedimatt
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    She called the eeoc and filed a claim with them, and they stated she has a case. Does anyone know what kind of recourse she has against this former employer after the report is made by the eeoc. What type of lawyer should i be looking for? If at all. And can we get a lawyer to sue the park for this discrimination?

    "Retaliatory" anything means AFTER the fact.

    A woman files a complaint with the EEOC for X violation, she is terminated, arguendo, for it, that is a retaliatory discharge.

    Retaliatory and discrimination are not really co-extensive, but can "entwine" at times I suppose??

    I understand your general phraseology though, no big deal, it comports to what you wanted to get across.

    Until an EEOC complaint is deemed "with cause" after investigation, don't hold your breath. Even if a complaint is found to have merit, as many do, that is not a sign of an assured court victory, by any means.

    Assuming the EEOC verbally stated she has a prima facie case, they are seeing some hidden facts.

  4. #4
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    Jun 2008
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    Default Re: Retaliation Discrimination

    okay she was discriminated against in retaliation of my termination. They will not allow her to apply for a job because of my termination, not anything she did.

    Retaliation discrimination.

    What im asking for is an idea of what field of law should i hire a lawyer in. After doing some research, i see that they have discrimination lawyers who specialize in this field

  5. #5
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    Default Re: Retaliation Discrimination

    Except for one tiny little flaw in your theory - It is NOT illegal for them to fire her because of what you did.

    Not all retaliation is illegal. This is not.

    Not all discrimination is illegal. This is not.

  6. #6
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    Default Re: Retaliation Discrimination

    Quote Quoting jedimatt
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    okay she was discriminated against in retaliation of my termination. They will not allow her to apply for a job because of my termination, not anything she did.

    Retaliation discrimination.

    What im asking for is an idea of what field of law should i hire a lawyer in. After doing some research, i see that they have discrimination lawyers who specialize in this field

    I am curious, on what basis did she claim discrimination to the EEOC?? Race, color, sex, religion??

    The EEOC ONLY handles certain classifications of actions!!

    Facially, as to not hiring her due to your previous termination, I am puzzled as to how the EEOC has subject matter jurisdiction?

    However, to answer your question, a general litigation attorney/employment law attorney would be suitable. Since this is an EEOC complaint, the attorney would have to be licensed in Federal court, as that is where it will have to be filed, IMO.

  7. #7
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    Default Re: Retaliation Discrimination

    Quote Quoting cbg
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    Except for one tiny little flaw in your theory - It is NOT illegal for them to fire her because of what you did.

    Not all retaliation is illegal. This is not.

    Not all discrimination is illegal. This is not.
    They did not fire her because of me, they did not allow her to apply for a job because of MY termination.

  8. #8
    Join Date
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    Massachusetts
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    Default Re: Retaliation Discrimination

    Okay.

    Same difference.

    They are allowed to refuse to hire her because of you.

    That is NOT illegal discrimination OR illegal retaliation.

    She has no case.

  9. #9
    Join Date
    Mar 2007
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    Default Re: Retaliation Discrimination

    Quote Quoting jedimatt
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    They did not fire her because of me, they did not allow her to apply for a job because of MY termination.
    Let me take a swing.

    It is perfectly legal for an employer to deny an interview to a candidate that they don't like for any or no stated reason.

    Being married to a troublesome exemployee is not a protected class.

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