Assualted

[Kaos1881]

What is the name of your state (only U.S. law)? California. I was terminated from my job after I was told by two supervisors to ask some transient to get off the property. They wouldn't so I got there things and put them off the property I went to clean the mess that was made then I was attacked so as I was getting attacked I pushed the transient away from me and left. No police report was made the company had a cop come over and make a report but the cop said there was no need. Now I'm being denied my unemployment and it's seems that they are singling me out because I had told about all the racist comments that are always made about a certain race they looked at me in a different way. I need help with this. I also would mention how we don't get all are breaks and lunches correct. Please I need help with this. Do I have a case?

 

[quincy]

What is the name of your state (only U.S. law)? California. I was terminated from my job after I was told by two supervisors to ask some transient to get off the property. They wouldn't so I got there things and put them off the property I went to clean the mess that was made then I was attacked so as I was getting attacked I pushed the transient away from me and left. No police report was made the company had a cop come over and make a report but the cop said there was no need. Now I'm being denied my unemployment and it's seems that they are singling me out because I had told about all the racist comments that are always made about a certain race they looked at me in a different way. I need help with this. I also would mention how we don't get all are breaks and lunches correct. Please I need help with this. Do I have a case?

A case for what? Unemployment benefits?

 

[Kaos1881]

To sue. For wrongful termination

 

[quincy]

To sue. For wrongful termination

Doubtful.

Who was making racist comments?

 

[Kaos1881]

I would tell my immediate supervisor about all the racist comments that are said all day about Mexicans. It's a salesman that is employed there and right in front of me and my supervisor looks in the parking lot and says."look you park like a buch of ****in Mexicans no one knows how to park around here." I told the supervisor I was offended but he did nothing. Just like when I told the owner of the company about the same guy there was nothing done about it and things kept going with comments of that nature.

 

[quincy]

I would tell my immediate supervisor about all the racist comments that are said all day about Mexicans. It's a salesman that is employed there and right in front of me and my supervisor looks in the parking lot and says."look you park like a buch of ****in Mexicans no one knows how to park around here." I told the supervisor I was offended but he did nothing. Just like when I told the owner of the company about the same guy there was nothing done about it and things kept going with comments of that nature.

Do you know if your supervisor spoke to the one making the racist comments?

The fact that you reported the racist comments does not seem to have anything to do with the termination of your employment.

 

[Kaos1881]

Well then why am I being denied my benefits if I was the one who did what I was told then I got assaulted. Defended my self and got fired for not letting someone hit me after I was instructed to get the transients off the property.

 

[quincy]

Well then why am I being denied my benefits if I was the one who did what I was told then I got assaulted. Defended my self and got fired for not letting someone hit me after I was instructed to get the transients off the property.

What was the reason given for denial of unemployment benefits?

 

[Kaos1881]

My ex employer is saying I assault someone and that there is a police report and that I was charged.

 

[quincy]

My ex employer is saying I assault someone and that there is a police report and that I was charged.

And did you dispute your employer's claim by saying there was no police report and the only one assaulted was you?

 

[Kaos1881]

Yes I did but now I'm waiting to see now. What else can I do

 

[quincy]

Yes I did but now I'm waiting to see now. What else can I do

Following is a link to a press release from the EEOC about an EEOC action filed against an employer who ignored an employee's harassment complaint. You might find it informative.

EEOC v. Novellus Systems, Inc, Case No. C-07-4787-jw: http://www.eeoc.gov/eeoc/newsroom/release/6-24-08.cfm

Whether your report to your supervisor about the racist language has anything at all to do with your firing is a question mark. I suspect it has more to do with you striking the person you were escorting off the company premises. But you could go over the events that led up to your job termination with an attorney in your area, while you wait to hear about the unemployment benefits.

Good luck.

 

[Kaos1881]

Just one thing. I never touched them until I was being attacked so I pushed away the transient after the one ran up on me and kicked me and I pushed them away after I was kicked with my back turned and was leaving because they got of the property.

 

[quincy]

Just one thing. I never touched them until I was being attacked so I pushed away the transient after the one ran up on me and kicked me and I pushed them away after I was kicked with my back turned and was leaving because they got of the property.

It is possible or even likely that the story told by the transient differed from what you said happened.

The best you can do is tell the truth about what happened. If there was an unbiased witness to the incident, that would help you.

Good luck.

 

[Kaos1881]

But both supervisor in both of there statements say I was attacked first my immediate supervisor told me that he seen the attack first in me and that it was going to be fine everyone seen and stated that I got kicked as I picked up a mess in the street. The transient even told my supervisor they were sorry for kicking me. So this doesn't make sense to me.