Discriminationand Wrongful Termination

[sylicon56]

What is the name of your state? California

I have been discriminate and wrongful terminate because of my French Origin. I already fill out a complaint with The DFEH and EEOC. I will like to know if I have also to take an attorney. I am looking for a contingency attorney because I do not have money to afford one. 2 of the manager wrote bad thing about me for me to be fire. They were critizice my accent. I am still looking for job and I do not have any income. I can't believe this. We need a new law to prevent employers to fire employee with no reason. I am working on it. Which states are this law who prevent employers to fire their employee without any reasons. I know 1 or 2 states have this law pass already. I think Georgia but I am not sure. Thanks for your help, I don't want leave those people go away with this.

 

[cbg]

The only state in which the concept of at-will is not followed, is Montana. And even Montana follows it in some circumstances. Georgia, like California and all other states with that exception, is an at-will state.

It is entirely up to you whether or not to talk to an attorney. You cannot file suit until or unless you receive a right to sue letter from one or the other agencies.

Please keep in mind that the same doctrine that gives an employer the right to fire without cause, is the same doctrine that allows you to quit with no notice and for no reason. At-will does NOT grant employers the right to fire you because of your national origin; that is one of the exceptions to at-will and is prohibited by law.

 

[sylicon56]

Discrimination and wrongful termination

California.

Thank you for your fast answer. So, what do I have to do next? I have to have a sue letter from who? Which agency? The DFEH and EEOC are working on my case. I think the lasw has to be changed regarding employment process. We need to stop the at-will. I don't think it's fair. Employers most of the time think they have all the right. Thanks again for your fast answer.

 

[cbg]

There is nothing more you need to do now unless you want to have an attorney lined up in advance. You cannot take any further action until either the EEOC or the DFEH issues you a right-to-sue letter. At that time you will have 90 days to file a suit.

You know, it wasn't all that long ago (three years at most) when there were not enough employees to fill all the positions open. Employers were having to offer outrageously large starting salaries and come up with new and different benefits to entice employees to stay (or to leave their old employers and come to them). Employees were able to walk off the job over the slightest thing, or for no reason at all, because they knew that they'd have a new and probably better job within days. Employers who lost a key employee would have to spend weeks or months trying to find someone who would fill the position without having to pay more than they could afford. I didn't hear anyone complaining about at-will then.

 

[sylicon56]

Discrimination and Wrongful termination

California

You know most of the people does not have the courage to speak or complaint for different reasons. Because they are scare. Me I am not. Nobody never say anything because was nobody to open their eyes. Some laws has to be change and the employment law regarding the discharge of an employee without any specifics reason is one of the law who has to be change. You can't leave an employer treat you like a piece of trash. We see more employers fire their employees without any specific reasons that an employees quit their job. The abuse system is more coming from the employer that the employee. I am talking by experience. It's fine if you don't agree with me. But I have been there, so I know what I am talking about. Thanks.

 

[cbg]

And who said I hadn't been there? It might surprise you to find out that I have. But I'm not prepared to throw the baby out with the bath water.

What you are missing is that IF your employer fired you for the reason you claim, that is NOT legal under the at-will laws. At-will has benefits for the employee as well. If you want the laws changed, that's your privilege, but do it for the right reasons. It is NOT legal, under at-will or any other law, for an employer to fire you because of your national origin.

Nor does a reasonable employer get up in the morning and say, "I think I'll fire someone today". There is ALWAYS a reason. It may not be a good reason; it may not be a reason you agree with; you may not know what the reason is; it might even be an illegal reason. But there is ALWAYS a reason - NO ONE gets fired for NO reason.

 

[sylicon56]

California.

By the way, I am a citizen of the United States. And yes I have been discriminate because of my French Origin, I have letters and witnesses who prove it. But I am not really interested by what happens in France, because I live in the United States for 26 years, so I am more concern by what happens here and not in France. But thanks anyway for both of your answers.