• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wrongful termination and discrimination?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kecochra

Junior Member
What is the name of your state (only U.S. law)? ARIZONA

I am a 43 yr old, with a college degree. Was working at a state job (AZ) and had been singled out for minor write ups for issues other employees were not written up for. Overall, I got along with other coworkers and supervisors (but supervisors were a little harder on me, write -ups etc.)

There was an investigation at my workplace (not involving me, but I was a witness to events) and I fully cooperated with the investigation. Unfortunately, It was found while investigation that I had an expired driving license. I am not a driver, but occasionally drive.

It was something I could easily fix, and since have gotten license reinstated (it was for a red-light ticket. I paid ticket but failed to take a separate motor vehicle traffic survival course)

The investigators violated my privacy by researching my license? (unrelated to the other employee being investigated)

I also suspect discrimination or reverse discrimination was involved. Another coworker of mine (who I can prove) was a high school dropout, with a criminal record, and no valid drivers license yet was never fired, in fact, they received a promotion. How is this equal treatment in the workplace?

I was never given a reason for termination, but suspect it was for any reason they could find, and a coworker asked and was told it was for the suspended driver license issue. (again other workers at the same job are not required to drive)

Lastly, any way for me to sue and get around "right to work State" such as is Arizona to prove I was discriminated against and wrongfully terminated?
 
Last edited:


Indiana Filer

Senior Member
What is the name of your state (only U.S. law)? ARIZONA

I am a 43 yr old, with a college degree. Was working at a state job (AZ) and had been singled out for minor write ups for issues other employees were not written up for. Overall, I got along with other coworkers and supervisors (but supervisors were a little harder on me, write -ups etc.)

There was an investigation at my workplace (not involving me, but I was a witness to events) and I fully cooperated with the investigation. Unfortunately, It was found while investigation that I had an expired driving license. I am not a driver, but occasionally drive. It was something I could easily fix, and since have gotten license reinstated (it was for a red-light ticket. I paid ticket but failed to take a separate motor vehicle traffic survival course)

You didn't have an expired license. You had a suspended license. There's a big difference, and if you drove a company vehicle, you opened the company up to a lot of problems if you had been caught in the company vehicle driving while suspended.

The investigators violated my privacy by researching my license? (unrelated to the other employee being investigated)

You drove a company vehicle on occasion, and they wanted to verify you were properly licensed. How did that violate your privacy? I wouldn't want to let anyone drive one of my vehicles if they aren't legally licensed to do so.


I also suspect discrimination or reverse discrimination was involved. Another coworker of mine (who I can prove) was a high school dropout, with a criminal record, and no valid drivers license yet was never fired, in fact, they received a promotion. How is this equal treatment in the workplace?

First of all, there is no such thing as "reverse discrimination." It's either discrimination or it's not. Discrimination is not always illegal, BTW.

Maybe your co-worker followed company policies and never got written up. Perhaps he never had to drive so didn't need a driver's license. Maybe his criminal record has no impact on the job.

I was never given a reason for termination, but suspect it was for any reason they could find, and a coworker asked and was told it was for the suspended driver license issue. (again other workers at the same job are not required to drive)

Your job duties required you to drive. Their job duties don't require them to drive. You had a suspended license, which is a valid reason to fire someone who was required to drive, and who did drive while having a suspended license.

Lastly, any way for me to sue and get around "right to work State" such as is Arizona to prove I was discriminated against and wrongfully terminated?

You can sue, but I don't see how you could win as you were not wrongfully terminated, not were you illegally discriminated against.

File for unemployment. You might qualify for benefits. Look for a new job.
 

kecochra

Junior Member
You didn't have an expired license. You had a suspended license. There's a big difference, and if you drove a company vehicle, you opened the company up to a lot of problems if you had been caught in the company vehicle driving while suspended.



You drove a company vehicle on occasion, and they wanted to verify you were properly licensed. How did that violate your privacy? I wouldn't want to let anyone drive one of my vehicles if they aren't legally licensed to do so.




First of all, there is no such thing as "reverse discrimination." It's either discrimination or it's not. Discrimination is not always illegal, BTW.

Maybe your co-worker followed company policies and never got written up. Perhaps he never had to drive so didn't need a driver's license. Maybe his criminal record has no impact on the job.



Your job duties required you to drive. Their job duties don't require them to drive. You had a suspended license, which is a valid reason to fire someone who was required to drive, and who did drive while having a suspended license.



You can sue, but I don't see how you could win as you were not wrongfully terminated, not were you illegally discriminated against.

File for unemployment. You might qualify for benefits. Look for a new job.

Excellent response, you bring up good points I failed to think of. Very good, thank you!
 

commentator

Senior Member
If it was a state job, they will have an EEOC compliance officer. This would be the person who would deal with all suspected EEOC related complaints, terminations, etc. If you were being discriminated against, it would have to be shown to have been for an illegal reason, as it is legal to discriminate against you for many things, including "the supervisor didn't like me," or "I did not have a driver's license."

I suspect that nestled somewhere in their state employee policies is something related to "must hold a valid driver's license" if you have a particular job that sometimes required driving for work related reasons. And this is probably one of the "automatically" deals, in that if they discover you do not have a valid license, or they discover that your license was suspended or lost, they can fire you for that, following their own policies. This doesn't mean they have to fire you for that, it just means that if they want to, and you hand this one to them on a platter, which it sounds like you did, then they can pretty much say you were fired for a valid reason.

File for unemployment and see how that pans out, it sounds like your only recourse. And your only defense would be that you "didn't know' were not aware that you were required to have a valid license. Nothing will be established in that arena that shows discrimination, illegal or otherwise, just whether or not they determine you are terminated for a valid work related reason, that you were given warnings and opportunities to correct the problem and did not do so. If you'd read the manual and knew a driver's license was required for your position, and elected not to get yours re-issued, that may be enough to keep you from drawing benefits, but go on and file, it costs nothing and there is no downside to it.
 
Last edited:

Just Blue

Senior Member
[You keep hijacking my threads telling me not to give advice. Let's see what exactly you are talking about.

This is a forum,

Otherwise, stop posting useless comments unless you have something helpful to add. From what I've read of you so far, you don't.

I gave other's my OPINIONS only, and it was good opinions. And also told them I was not aware of their state laws.

You seem to like to criticize others. "]

This is a pm frop op that he was to scared to allow a reply to his pm's.

So I will tell him here.

I, as well as most of the members of this site, were told to be careful if passing advice to another member when we first started here. For me that was NINE YEARS AGO. If Admin has an issue she will let me know.

Pull up your underroos Kecochra and deal with it. You are no different than any other member of this site. :)

Love Blue :rolleyes:
 

Ohiogal

Queen Bee
OP seems to like being rude to others based on posting history. He also seems to have an issue taking responsibility for his actions/inaction.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top