Can illegally obtained evidence be used in the absence of evidence

[Rubio acero]

What, specifically, are the actions that you feel are illegal? "Harassment" and "discrimination" are conclusions.

That's not even a clear cut sentence. Please try to describe this in an understandable way.
Then you're out of luck.


If you've experienced the same treatment at several different jobs, then you should be looking for the common factor.

1: like I said making derogatory statements based on my skin color treating me differently than other co workers and terminating me based on something that is false. 3: the common factor is the manager who Is in charge of running the building as they pick and choose there hires and can terminate an at will employee for any reason and the only consequence is court. I have to prove that reason is bogus which if the people above are the jury is going to be impossible.

 

[Just Blue]

yah I'm not going to take any of this seriously if your comment is the same as eekamouse it's clear that you are either not reading my version of events or you are making a bias statement.

Huh? My comment was not the same as Eeks. I asked when this happened. There is nothing "biased" in asking that question. I asked that question several times and you refuse to answer it. So either you are trolling this site or don't want to answer the question because it was so long ago. I'm leaning toward the former.

 

[Taxing Matters]

He terminated me for [insubordination] which is illegal since at no point did I refuse to make an apology verbal or written. This is currently being reviewed by the maryland commission on civil rights.

You don't have a good understanding of employment law (and you're not alone, a lot of employees don't actually correctly understand much of employment law, and it comes back to bite them). One of the key things that every employee needs to understand is that in every state except Montana a private employer does not need good cause to fire an employee. Good cause means that the employer has a good reason to fire the employee, i.e. the employee has done something wrong, the company is downsizing and needs to cut employees, etc. Instead, a private employer may fire an employee for any reason except for a few reasons that are prohibited by law. The prohibited reasons include firing you because:

• of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
• you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
• you participate in union organizing activities;
• you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
• you filed a bankruptcy petition;
• your pay was garnished by a single creditor; and
• you took time off work to attend jury duty (in most states).

The exact list of prohibited reasons will vary by state. In short the employer doesn't need a good reason to fire you. The reason can be stupid. The employer might even be wrong about the reason for the firing (e.g. you didn't do what the employer thinks you did). Doesn't matter. The termination is still legal unless the reason is one that the law expressly prohibits, like those listed above.

Firing you because the employer thought that you didn't sufficiently apologize to the other employee is perfectly legal, even if the employer was wrong in its belief that you refused to apologize. That's not a reason that the law expressly prohibits an employer from using as the basis for firing an employee.

Also, a lot of employees seem to think that all retaliation by an employer is illegal. But that too is not correct. What is illegal, generally speaking, is retaliation against an employee for (1) making job safety or other protected complaints to the government and (2) the employee exercising some legal right that he/she has, like making a complaint to management about illegal discrimination in the workplace (e.g. discrimination based on race, color, national origin, sex, religion, age, disability, etc).

You are having problems at multiple jobs, and your posts suggest that may be in part because you are having problems getting along with other employees and/or following the directions you are given by your supervisors. Some employees, particularly very young employees, don't understand that the job is not about them. It's about doing what the employer wants done. Even if you don't like what the supervisor tells you to do, or you think it's stupid or whatever, if you want to keep the job you simply do what you are told to do and do your best to just get along with everyone. Managers don't like employees who won't follow directions and/or cause conflict in the workplace. You legally can be fired for not doing what the employer tells you to do unless what the employer wants you to do is illegal or the employer is engaging in illegal discrimination. I obviously don't know the details of what has occurred on those jobs but you might want to consider that at least part of the problem may indeed be with your own behavior. So perhaps some change in the way you approach work might improve how you do at the next job.

 

[Zigner]

1: like I said making derogatory statements based on my skin color treating me differently than other co workers and terminating me based on something that is false.

Out of those three things, only one would be illegal.

3: the common factor is the manager who Is in charge of running the building as they pick and choose there hires and can terminate an at will employee for any reason and the only consequence is court.

You've had the same manager at ever separate job?

I have to prove that reason is bogus which if the people above are the jury is going to be impossible.

Discrimination claims are found in favor of the employee quite frequently. You are right, though - one does need to be able to prove their claim.

 

[Zigner]

Also, a lot of employees seem to think that all retaliation by an employer is illegal. But that too is not correct. What is illegal, generally speaking, is retaliation against an employee for (1) making job safety or other protected complaints to the government and (2) the employee exercising some legal right that he/she has, like making a complaint to management about illegal discrimination in the workplace (e.g. discrimination based on race, color, national origin, sex, religion, age, disability, etc).

I would like to emphasize the above to the OP. If he was actually physically attacked at work and then fired for reporting that attack to the police, he would have a great case against the employer.

 

[Rubio acero]

You don't have a good understanding of employment law (and you're not alone, a lot of employees don't actually correctly understand much of employment law, and it comes back to bite them). One of the key things that every employee needs to understand is that in every state except Montana a private employer does not need good cause to fire an employee. Good cause means that the employer has a good reason to fire the employee, i.e. the employee has done something wrong, the company is downsizing and needs to cut employees, etc. Instead, a private employer may fire an employee for any reason except for a few reasons that are prohibited by law. The prohibited reasons include firing you because:

• of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
• you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
• you participate in union organizing activities;
• you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
• you filed a bankruptcy petition;
• your pay was garnished by a single creditor; and
• you took time off work to attend jury duty (in most states).

The exact list of prohibited reasons will vary by state. In short the employer doesn't need a good reason to fire you. The reason can be stupid. The employer might even be wrong about the reason for the firing (e.g. you didn't do what the employer thinks you did). Doesn't matter. The termination is still legal unless the reason is one that the law expressly prohibits, like those listed above.

Firing you because the employer thought that you didn't sufficiently apologize to the other employee is perfectly legal, even if the employer was wrong in its belief that you refused to apologize. That's not a reason that the law expressly prohibits an employer from using as the basis for firing an employee.

Also, a lot of employees seem to think that all retaliation by an employer is illegal. But that too is not correct. What is illegal, generally speaking, is retaliation against an employee for (1) making job safety or other protected complaints to the government and (2) the employee exercising some legal right that he/she has, like making a complaint to management about illegal discrimination in the workplace (e.g. discrimination based on race, color, national origin, sex, religion, age, disability, etc).

You are having problems at multiple jobs, and your posts suggest that may be in part because you are having problems getting along with other employees and/or following the directions you are given by your supervisors. Some employees, particularly very young employees, don't understand that the job is not about them. It's about doing what the employer wants done. Even if you don't like what the supervisor tells you to do, or you think it's stupid or whatever, if you want to keep the job you simply do what you are told to do and do your best to just get along with everyone. Managers don't like employees who won't follow directions and/or cause conflict in the workplace. You legally can be fired for not doing what the employer tells you to do unless what the employer wants you to do is illegal or the employer is engaging in illegal discrimination. I obviously don't know the details of what has occurred on those jobs but you might want to consider that at least part of the problem may indeed be with your own behavior. So perhaps some change in the way you approach work might improve how you do at the next job.

okay so the first part of your comment actually did teach me something I am well aware that companies that follow at will employment can terminate you for any reason but I was always under the impression that if you weren't given a reason or the reason is untrue that you could challenge it in court. Your second statement however is the problem you made an extremely judgemental and bias comment based on a person you know little about articulated from the events as a stated them. Rather then give me the benefit of the doubt or remaining neutral you have taken the side of the employer which is why I brought up the part that of you didn't read you were being bias.

Let me start with this because there is something that I don't think I made quite clear as you stated one of the illegal retaliation is to make a report to the government or a specified persons. Also you list one of the reasons as illegal discrimination as age. I brought up a complaint to the manager which I'm not sure he is a specified person the manager responded by stating he would handle my complaint without even hearing it out which the next time I come in he spoke with a new older female employee in private then proceeded to demand an apology. The employee left so I asked if it could be done in writing of verbal after that he made a derogatory statement "that's the problem with your generation" that's retaliation and discrimination based on age

 

[Rubio acero]

Huh? My comment was not the same as Eeks. I asked when this happened. There is nothing "biased" in asking that question. I asked that question several times and you refuse to answer it. So either you are trolling this site or don't want to answer the question because it was so long ago. I'm leaning toward the former.

I did answer your question but only part of it the one I am explaining now happened in February 2020

 

[Rubio acero]

Out of those three things, only one would be illegal.
You've had the same manager at ever separate job?
Discrimination claims are found in favor of the employee quite frequently. You are right, though - one does need to be able to prove their claim.

and which one is that making derogatory statements based on my skin color or treating me differently

 

[Just Blue]

I did answer your question but only part of it the one I am explaining now happened in February 2020

No, you didn't give the date until this post.

 

[Zigner]

and which one is that making derogatory statements based on my skin color or treating me differently

The derogatory statements based on your skin color...and even that may be remedied by your employer simply making it stop after they become aware of it...

 

[Zigner]

The employee left so I asked if it could be done in writing of verbal after that he made a derogatory statement "that's the problem with your generation" that's retaliation and discrimination based on age

That's not retaliation, nor is it illegal discrimination based on age.

 

[Eekamouse]

okay so the first part of your comment actually did teach me something I am well aware that companies that follow at will employment can terminate you for any reason but I was always under the impression that if you weren't given a reason or the reason is untrue that you could challenge it in court. Your second statement however is the problem you made an extremely judgemental and bias comment based on a person you know little about articulated from the events as a stated them. Rather then give me the benefit of the doubt or remaining neutral you have taken the side of the employer which is why I brought up the part that of you didn't read you were being bias.

Let me start with this because there is something that I don't think I made quite clear as you stated one of the illegal retaliation is to make a report to the government or a specified persons. Also you list one of the reasons as illegal discrimination as age. I brought up a complaint to the manager which I'm not sure he is a specified person the manager responded by stating he would handle my complaint without even hearing it out which the next time I come in he spoke with a new older female employee in private then proceeded to demand an apology. The employee left so I asked if it could be done in writing of verbal after that he made a derogatory statement "that's the problem with your generation" that's retaliation and discrimination based on age

And which court would that be? I'm curious.

 

[cbg]

I was always under the impression that if you weren't given a reason or the reason is untrue that you could challenge it in court.

Then you were mistaken.

 

[Taxing Matters]

The employee left so I asked if it could be done in writing of verbal after that he made a derogatory statement "that's the problem with your generation" that's retaliation and discrimination based on age

Two things to understand here. First, under federal law age discrimination claims are only possible for employees age 40 and older. Are you at least age 40? If the answer is no then you don't have a good age discrimination claim under federal law. Perhaps you might under state law though. First, while he was expressing an opinion about people of "your generation" it's not clearly harassment based on age. However, if there were a series of insults based on age that might set the stage for a claim of hostile work environment based, which would amount to a type of illegal discrimination based on age.

 

[Zigner]

Two things to understand here. First, under federal law age discrimination claims are only possible for employees age 40 and older. Are you at least age 40? If the answer is no then you don't have a good age discrimination claim under federal law. Perhaps you might under state law though. First, while he was expressing an opinion about people of "your generation" it's not clearly harassment based on age. However, if there were a series of insults based on age that might set the stage for a claim of hostile work environment based, which would amount to a type of illegal discrimination based on age.

What if the "insults" are simply observations of fact based upon the behavior of the individual in question?