Wrongful Termination

[rwooley]

What is the name of your state (only U.S. law)? Illinois
I was hired on 7/15/2009 as a Systems Engineer and was terminated on 9/2/2009. The reason that was given for terminating me is that they made a mistake and that they needed that person to also be a field engineer which is equivalent to being a level 1 or 2 helpdesk support person. They also said that I had done a good job since I had been there. I am a black lady and during my interview the human resource director said that they were looking to diversify the company which was partly the reason they were looking to hire me.

Is this wrongful termination and can I file a lawsuit against the employer.

 

[mlane58]

What is the name of your state (only U.S. law)? Illinois
I was hired on 7/15/2009 as a Systems Engineer and was terminated on 9/2/2009. The reason that was given for terminating me is that they made a mistake and that they needed that person to also be a field engineer which is equivalent to being a level 1 or 2 helpdesk support person. They also said that I had done a good job since I had been there. I am a black lady and during my interview the human resource director said that they were looking to diversify the company which was partly the reason they were looking to hire me.

Is this wrongful termination and can I file a lawsuit against the employer.

File a lawsuit for what? Nothing you have posted suggests that this was a wrongful termination.

 

[rwooley]

I'm filing a lawsuit for damages. This is affecting my life!

 

[mlane58]

I'm filing a lawsuit for damages. This is affecting my life!

And what law has the employer violated?

 

[rwooley]

Harrassment

Because they were looking to diversify instead of keeping me on they replaced me with a man by the name of Hector (not sure of his race).

All technical people in the dept were white males with the exception of one Hindu man and one Indian man but there were no women in the department.

During my interview they expressed they needed to hire a woman because women are good listners. It appears they are diversifying but only adding men from different cultures not women with the same or above the men's skillset.

 

[eerelations]

Just because you happen to be female doesn't mean they fired you for that reason. And just because they replaced you with a man doesn't mean that they fired you specifcally because you're female. Finally, just because you did a good job when you were there doesn't mean they didn't need someone more qualified than you.

You'll need 'way more evidence than what you've provided here to just file a gender discrimination claim, let alone win the case.

 

[mlane58]

Good luck trying to prove your gender was the issue as you already stated:

They made a mistake and that they needed that person to also be a field engineer

Since you didn't fit the requirements and they hired someone who did, you don't have a case and who are you to decide that a field engineer is the same as a level 1 or 2 help desk support. Titles are just titles, the job description states what the position does and the employer decides that.

 

[HomeGuru]

Because they were looking to diversify instead of keeping me on they replaced me with a man by the name of Hector (not sure of his race).

All technical people in the dept were white males with the exception of one Hindu man and one Indian man but there were no women in the department.

During my interview they expressed they needed to hire a woman because women are good listners. It appears they are diversifying but only adding men from different cultures not women with the same or above the men's skillset.

**A: oh brother. You don't have a discrimination case.

 

[rwooley]

Harrassment

If I am told during the interview process that I am being hired because I am a women I believe that proves intent based on my gender. I was also taken out to lunch by the male director who was later reprimanded for taking me out to lunch and charging it to the company when he did not take any of the guys out to lunch.

 

[HomeGuru]

If I am told during the interview process that I am being hired because I am a women I believe that proves intent based on my gender. I was also taken out to lunch by the male director who was later reprimanded for taking me out to lunch and charging it to the company when he did not take any of the guys out to lunch.

**A: you are way off base.

 

[rwooley]

Harrassment

Also, the day the new guy comes on (Hector) is the day that I'm let go. I was used to perform a job they had no expertise in and was let go once they found the right guy.

 

[rwooley]

Harrassment

I also forgot to mention that the white secretary told me that she worked for the UN and wore braids in her hair but she thought her hair stinked because she did not know how to wash it and then asked me if I washed my hair.

 

[mlane58]

If I am told during the interview process that I am being hired because I am a women I believe that proves intent based on my gender. I was also taken out to lunch by the male director who was later reprimanded for taking me out to lunch and charging it to the company when he did not take any of the guys out to lunch.

The intent was a positive one as you were hired. So what the male director took you out to lunch---did he touch you, make offensive comment about your gender or sexual comments?

Also, the day the new guy comes on (Hector) is the day that I'm let go. I was used to perform a job they had no expertise in and was let go once they found the right guy.

Back to my previous response, they change the requirements of the job and you were no longer qualified and since you were not qualified, what does that have to do with you being a female? You don't have a case for anything.

 

[mlane58]

I also forgot to mention that the white secretary told me that she worked for the UN and wore braids in her hair but she thought her hair stinked because she did not know how to wash it and then asked me if I washed my hair.

WHAT? after looking at your other post, it really appears you are looking to win the sue happy lottery. Again---no case---go away!

 

[Proserpina]

WHAT? after looking at your other post, it really appears you are looking to win the sue happy lottery. Again---no case---go away!

Good catch!