Questin about discrimination and termination

[bjdesantis]

I live in PA and I realize that an employer can fire an employee for any reason, as long as it is not breaking the law on discrimination. I worked for a company that fired me for not doing my job correctly, I received a bogus write up and had to make a corrective action plan. Long story short, it was just a way for them to get more time to have my hiring passed by the board of directors. I knew this was coming because I was in the room when the executive director told my director and myself (I was a supervisor) that he did not want everyone getting good reviews this time around. I knew right then it meant I was receiving a bad review, because my director only has 3 people under her and she was not ruffling the feather of the 2 employees who have been with the company for 20+ years, because they do most of her leg work. I could go on forever, but it really does not matter at this point, I was fires, collected unemployment, and have found other employment, However, I was wondering if I was discriminated against because I was the newer employee and the 20+ employees received good reviews. I am not planning on pursuing anything with this (it is too hurtful) just trying to answer a debate with my spouse about discrimination. Thank you!!

 

[Taxing Matters]

However, I was wondering if I was discriminated against because I was the newer employee and the 20+ employees received good reviews.

They may have been looking to reduce staff and basically picked you as one of the cuts because you’d not been there as long. That would be discrimination but it would not be ILLEGAL discrimination.

In employment law, discrimination is only illegal if the discrimination is because of some characteristic that is protected by law. Under federal law, it is illegal for an employer with at least 15 employees to discriminate against an employee because of the employee’s race, color, national origin, citizenship, religion, sex, age (if the employee is age 40 or older), disability, or genetic test information. Under PA law it is illegal for any employer to discriminate against an employee because of the employee’s race, color, religious creed, ancestry, age, sex, national origin, or disability.

So unless the discrimination is because of one of those listed characteristics it is not illegal discrimination. Thus, picking you out to fire because you had less time of service than others is not illegal discrimination because the employer did not fire you because of one of those protected characteristics listed above.

I’m glad to see you bounced back and got another job. Sometimes getting fired can actually be the start of something that will turn out better than if you had stayed at the old employer. You never know quite where life will take you.