wrongful termination because of attendance

[Peteman61]

What is the name of your state?

 

[Peteman61]

Louisiana

 

[cbg]

Details, please?

 

[Peteman61]

Louisiana

Details, please?

I went to jail for 4 days my wife my sister called every day I was locked up when I got out of jail dey terminated me an told Mei had to call myself u cannot call a business from jail dats a computer talking to a computer the phone gonna hang up the new manager we had got didn't like me from the time he got hired so he hooked up with the head lady at HR u got ride of me I was there 23yrs

 

[Peteman61]

I went to jail for 4 days my wife my sister called every day I was locked up when I got out of jail dey terminated me an told Mei had to call myself u cannot call a business from jail dats a computer talking to a computer the phone gonna hang up the new manager we had got didn't like me from the time he got hired so he hooked up with the head lady at HR u got ride of me I was there 23yrs

 

[Just Blue]

I went to jail for 4 days my wife my sister called every day I was locked up when I got out of jail dey terminated me an told Mei had to call myself u cannot call a business from jail dats a computer talking to a computer the phone gonna hang up the new manager we had got didn't like me from the time he got hired so he hooked up with the head lady at HR u got ride of me I was there 23yrs

Why on earth do you think this is wrongful termination??

 

[Peteman61]

Why on earth do you think this is wrongful termination??

 

[Peteman61]

They told my wife all she had to do was call them each day I was locked up and I would keep my job I'm African American 3 other guys went to jail on the same charge longer than me dey are Hispanic still have der jobs now how does that work

 

[cbg]

What was your previous attendance like? What was theirs? How long had you worked for the employer? How long had they? How many warnings, both verbal and written, are in your file? What about theirs? Employers are allowed to treat different employees differently as long as the REASON for the difference is not your race, religion, national origin etc. They're even allowed to fire you because they don't like you.

What you have described is not clear evidence of a wrongful term. The responsibility would be on you to prove that, but for your race, you would not have been fired, and that it couldn't have been for any of the other reasons I suggested.

 

[adjusterjack]

I'm African American 3 other guys went to jail on the same charge longer than me dey are Hispanic still have der jobs

Did they work for the same company as you did? If not, then they are irrelevant.

If they did work for the same company, then file a discrimination claim with the EEOC and see how it goes.

 

[cbg]

Before he files that claim, he should have a talk with an employment attorney. I can think of any number of ways this would be a legal termination even if the Hispanic guys work for the same company. And the poster is the one with the burden of proof that it's not.

 

[Zigner]

Did they work for the same company as you did? If not, then they are irrelevant.

If they did work for the same company, then file a discrimination claim with the EEOC and see how it goes.

To be fair - the OP's supervisor already doesn't like him. Not liking somebody isn't evidence of discrimination.

 

[Chyvan]

File for unemployment.

 

[Taxing Matters]

Before he files that claim, he should have a talk with an employment attorney. I can think of any number of ways this would be a legal termination even if the Hispanic guys work for the same company. And the poster is the one with the burden of proof that it's not.

If the Hispanic persons were employed by the same company then the employee makes out a prima facie case for discrimination by pointing out they were in similar circumstances but that the Hispanic employees were not fired for it and the OP, and African American, was fired for it. It then becomes the employer's burden to show that the OP was fired for some reason other than illegal discrimination. I agree that it would be a good idea for the OP to see an attorney first to help get the complaint right, but there is no requirement that the employee have all the proof of discrimination he needs prior to filing the EEOC complaint. Frequently that evidence is developed in discovery during litigation.

 

[cbg]

While I do not disagree with anything you're saying, I would be a lot more secure in encouraging the OP to believe he has a good claim if we had the answers to some of the questions I posed in my first response, and also one I didn't include at that time: Just why is it that his supervisor already disliked him?