Jones Boy

[Jones Boy]

What is the name of your state? Mississippi

Hello,

My name is Eric Dilworth and I feel that I was wrongfully terminated from a job on June 17, 2005. I have applied with the EEOC and I have received the papers to file a charge against the company that fired me. I live in an "At-Will" state and I know that is very hard to win a case for wrongful termination in this type of state but I think that I have pretty solid grounds to file this charge for wrongful termination based on racial discrimination.

Before I ask my question I will give you the statement that is written in the charge statement that I will send to the EEOC it states that following without mentioning the companies name and the supervisiors name: On June 17, 2005 I was discharged from my position as a Laborer.

My supervisor (white) said the company no loger needed my services. Then he stated "we are over there trying to set these forms and the grade is not right and you are standing over there doing nothing."

I believe that I have been discriminated against because of my race (black) in violation of Title VII of the Civil Rights Act of 1964, as amended since:

I was the only Black employee on the labor team and I was the only one that was fired over the grading issue. I did not do the grading by myself and all the other laborers who were White helped me do the grading were not fired.

This is the statement that the EEOC representative made from my the statement I made to her over the phone and from the letter that a faxed to their office.

My question is. Does this sound like a good case to try to take legal action against the company over? I feel that it is because of the reason stated in the EEOC statement and further more the company didn't give proper time accomadation to become a valuable member of the company since I started working for them on June 14, 2005. Also I never was given a verbal warning on the job about my work preformance, I never had a disciplinary form filled out against me,I never had a disagreement with anyone on job, and I never filled out a probationary form I think an employer must have one in Mississippi before they can fire you for just any reason. Are my thoughts correct? Does a emploee have to be on probation before an employer can fire him or her under the "At-Will" law; in Mississippi; without the company following the company's termination policy?

My employer didn't give me an opportunity for corrective action. My supervisor didn't consider any other alternatives other than termination. Also, the employer didn't document the cause for termination. All of which suggest that the supervisor had bias reason for firing me.

 

[enjay]

You only worked for the company for 3 days? Perhaps it was evident from the get go that you weren't going to work out.

 

[panzertanker]

My supervisor (white) said the company no loger needed my services. Then he stated "we are over there trying to set these forms and the grade is not right and you are standing over there doing nothing."

He could have said: "The sky is blue today, and I don't like blue skies. You are fired, we don't need you anymore." That would have been JUST as legal as the way he DID fire you.

I believe that I have been discriminated against because of my race (black) in violation of Title VII of the Civil Rights Act of 1964, as amended since:

I was the only Black employee on the labor team and I was the only one that was fired over the grading issue. I did not do the grading by myself and all the other laborers who were White helped me do the grading were not fired.

You can "believe" that you have been discriminated against all you would like; the fact remains that you WERE NOT.
According to your own statement, he told you that you should have been making forms or re-grading. Instead, you were doing nothinf but standing around. These words came from your own mouth.

My question is. Does this sound like a good case to try to take legal action against the company over?

Nope. You are wasting your time and the EEOC's time. You are black, but you did not get fired b/c of being black.

 

[Beth3]

My name is Eric Dilworth and I feel that I was wrongfully terminated from a job on June 17, 2005. I have applied with the EEOC and I have received the papers to file a charge against the company that fired me. Everybody who files a complaint with the EEOC receives a "right to sue" letter - even those situations where "no probable cause" is found, unless the EEOC decides to sue on that person's behalf. Receiving a right to sue letter is no indication whether you have a viable suit.

My supervisor (white) said the company no loger needed my services. Then he stated "we are over there trying to set these forms and the grade is not right and you are standing over there doing nothing." Were you standing around doing nothing at some point in time? And were you the only working doing so?

Does this sound like a good case to try to take legal action against the company over? I think that question can only be answered by an employment law attorney after reviewing all the particulars of your situation.

I feel that it is because of the reason stated in the EEOC statement and further more the company didn't give proper time accomadation to become a valuable member of the company since I started working for them on June 14, 2005. It's possible that the supervisor assessed you weren't demonstrating the necessary work ethic or knowledge on your first few days on the job.

Also I never was given a verbal warning on the job about my work preformance, I never had a disciplinary form filled out against me It's not customary to do so for probationary employees. That's why it's called a probation period.

I never filled out a probationary form I think an employer must have one in Mississippi before they can fire you for just any reason. Probationary form? I don't know what you're referring to. I've never heard of such a thing.

Does a emploee have to be on probation before an employer can fire him or her under the "At-Will" law in Mississippi; No. All employees are at will employees unless there is an employment contract or CBA to the contrary.

without the company following the company's termination policy? Chances are the employer's policy states that probationary employees are not subject to the employer's customary disciplinary procedures and even if they are, I would imagine their disciplinary policy states the employer can invoke whatever level of discipline they feel appropriate up to and including immediate termination.

Nobody here is in a position to know whether your race had anything to do with your termination. If you want an expert opinion on whether you have a viable claim, then see an attorney.