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Fired because they don't want to be sued for racial discrimination

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alleycatsvb

Junior Member
What is the name of your state?Question from Florida. I am a Property Manager for large corp. Long and successful 30 yr career Never had any problems. Took new job and began evaluating the current employees took steps to have head maint. man terminated due to poor performance, documented numerous examples of this over several weeks. I am a white woman, he is a black man. When he found out, he filed a compaint against me that I had racially discr.. against him by calling him a name. He made several inapp. comments to me, threatening, which I reported. During all this the company sold to larger corp. Today I was fired after HR came in from new owners and said they had 3 other black men on main. staff back up his story. They are all friends. This is absolutely untrue. They told me it had nothing to do with my performance it was that they could not take a chance of this man suing them. Told me they believed me but could not take a chance on being sued, also told me not to take it personally!!! I offered to take a polygraph, pay for them to take polygraph and had several people working for me, black and white, to speak on my behalf, that I have never behaved in a racist way or discriminated against anyone, they said no to all. I feel the man retaliated against me for taking steps to have him fired by filing this false charge, is there anything I can do??
 


BelizeBreeze

Senior Member
alleycatsvb said:
What is the name of your state?Question from Florida. I am a Property Manager for large corp. Long and successful 30 yr career Never had any problems. Took new job and began evaluating the current employees took steps to have head maint. man terminated due to poor performance, documented numerous examples of this over several weeks. I am a white woman, he is a black man. When he found out, he filed a compaint against me that I had racially discr.. against him by calling him a name. He made several inapp. comments to me, threatening, which I reported. During all this the company sold to larger corp. Today I was fired after HR came in from new owners and said they had 3 other black men on main. staff back up his story. They are all friends. This is absolutely untrue. They told me it had nothing to do with my performance it was that they could not take a chance of this man suing them. Told me they believed me but could not take a chance on being sued, also told me not to take it personally!!! I offered to take a polygraph, pay for them to take polygraph and had several people working for me, black and white, to speak on my behalf, that I have never behaved in a racist way or discriminated against anyone, they said no to all. I feel the man retaliated against me for taking steps to have him fired by filing this false charge, is there anything I can do??
Were these statements from the maintenance worker in writing or verbal?
 

JETX

Senior Member
alleycatsvb said:
is there anything I can do??
Simple answer.... no.
The employer has the right to resolve an internal matter as they see fit... and apparently put more credence in the statements of FOUR people ("said they had 3 other black men on main. staff back up his story.").

That does not mean that the employer was uncaring or that they handled this issue properly.... only that there actions are not actionable.
 

alleycatsvb

Junior Member
For Belize Breeze

Florida Thank you for responding Belize Breeze. Tha Maint. worker made several verbal comments to me about my gender and how I got my job, I am 57!!! Then let me know I would be sorry for trying to fire him which was underway until the company sold and new owners came in. I understand that they can resolve an issue their way but I feel it is at my expense as they told me they did not want to take a chance on being sued over the matter. I was being fired not because of anything I had done but because they are afraid of being threatened with a discrimination problem The 3 friends signed statements that they heard me call him a name, which Never happened, as I am a professional person, very successful career that I would Never jeopardize by doing something so stupid. I just never thought this could happen if you are doing a great job and an honest person, where is my protection or chance to defend myself!!! This is my reputation and career!
 
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JETX

Senior Member
alleycatsvb said:
Florida Thank you for responding Belize Breeze. Tha Maint. worker made several verbal comments to me about my gender and how I got my job, I am 57!!!
Actually, it makes NO difference whether any statements were made verbal or in writing. The bottom line here is... the employer has the right to terminate your employment for any reason or for no reason at all.... as long as it was not done in violation of discrimination laws.
And this one does not appear to be in violation of any of them (Age, Disability, Equal Pay, National Origin, Pregnancy, Race, Religion, Retaliation, Sex, Sexual Harassment).

If you feel it was in violation of one of the above protections, you may certainly contact the EEOC at:
http://www.eeoc.gov/
 

alleycatsvb

Junior Member
For JETX/ why isn't it discrimination

Florida...Why isn't the bottom line that I was fired not because of anything having to do with my job performance, but because I am white and the accuser is black, and they are fearing he will pursue these accusations and they don't want the hassel, or their words, we don't want the liability. The company I am sure would have allowed me a say and to defend myself had it been a dispute between 2 black men or if I was Spanish of Asian, but the concern is that I am white, and they know this may present a problem for them. So wasn't I fired because I am white???
 

BelizeBreeze

Senior Member
alleycatsvb said:
Florida Thank you for responding Belize Breeze. Tha Maint. worker made several verbal comments to me about my gender and how I got my job, I am 57!!! Then let me know I would be sorry for trying to fire him which was underway until the company sold and new owners came in. I understand that they can resolve an issue their way but I feel it is at my expense as they told me they did not want to take a chance on being sued over the matter. I was being fired not because of anything I had done but because they are afraid of being threatened with a discrimination problem The 3 friends signed statements that they heard me call him a name, which Never happened, as I am a professional person, very successful career that I would Never jeopardize by doing something so stupid. I just never thought this could happen if you are doing a great job and an honest person, where is my protection or chance to defend myself!!! This is my reputation and career!
There was a reason I asked based on case law in your particular state. However, after further research, I have discovered that most states who have entertained suits on Compelled Self-Defamation have also leglislatively and through more recent case law, so diluted such a premis as to make it untenable in the vast majority of situations.

So, I agree with Jet in all matters relating to your particular situation.
 

JETX

Senior Member
alleycatsvb said:
So wasn't I fired because I am white???
Nope. Based solely on the information in your post.. you were terminated because the company felt they no longer needed your services. Whether that was due to their BELIEF that you "had racially discr.. against him by calling him a name." or not... is entirely your opinion... and well within their rights.

Lets get your ego out of the way for a minute and consider if the roles were reversed.
You are the employer. Three people come to you and say that 'Bob' was lazy and they had to do his work for him and that either he goes or they do. Of course, Bob denies the claim.. but you have a situation where you let one go... or three go.
What are you going to do??? Of course, you take the path of least resistance and, regretably or not, decide to let Bob go.
Is that illegal?? Of course not.
Is it fair to Bob?? Again, no. Is it best for the company? Yes.

Can Bob go out and spend $10000 or so in legal fees trying to force you to admit that he is not 'lazy'?? Yes. It is practical? No.
 

alleycatsvb

Junior Member
Florida...Thanks again Belize, I am still just not getting this, the absurdity of it all, to me it seems so simple and so wrong I was retaliated against using untrue accusations the racial discrimination lightening bolt, my accuser KNEW this particular accusation would cause waves for management. HR TOLD me they don't think the accusations are true so I should not take it personally, they just do not want the liability. I was fired because I am white and a black person threatened to make problems for the new management. Remember, the old company management was in the process of firing this person, and then the company sold and everything changed.
 

JETX

Senior Member
Bottom line... you have NO legal claim against them. The termination solely on their statements, right or wrong, is not fair. But it is NOT illegal.
Get over it.
 

BelizeBreeze

Senior Member
alleycatsvb said:
Florida...Thanks again Belize, I am still just not getting this, the absurdity of it all, to me it seems so simple and so wrong I was retaliated against using untrue accusations the racial discrimination lightening bolt, my accuser KNEW this particular accusation would cause waves for management. HR TOLD me they don't think the accusations are true so I should not take it personally, they just do not want the liability. I was fired because I am white and a black person threatened to make problems for the new management. Remember, the old company management was in the process of firing this person, and then the company sold and everything changed.
Neither one of us said it was fair. however, unfair is not illegal. The BEST I can advise you is to ask HR for a letter recommendation and then find a job with a competitor just to piss them off ;)
 

alleycatsvb

Junior Member
Florida, Thanks JETX I think the fact that I am white and he is black has a lot to do with this, in my post I stated that steps were being taken to fire this particular man by the management of the old company, when he realized he was being fired is when he made these accusations, I don't think it is a coincidence that he use the very hot button issue of discrimination, he KNEW this would make waves, we all know that, then my company sold and the new management decided to handle the problem this way by firing me to avoid possible liability. To me it seems very simple He blamed me for his termination, he told me he was going to cause problems which he then did by filing these false complaints against me, backed up by his 3 associates and friends, I supposedly called him the name in a staff meeting that included myself and those 4, and if I told you what they accused me of saying this becomes even more insane, because it is so stupid and something a grown professional woman would not say unless she were stupid! Oh what the heck...Einie, Meine Minie Moe, catch a N by his toes, how stupid!! Aside from my ego which is confused, where is the professional courtesy, I was never even given a chance to defend myself, they did not care my history with this man, only wanted to avoid a problem he may cause. Am I making this too simple. If I had been Asian or Hispanic I bet they would have let me defend myself. Trying to understand.
 

alleycatsvb

Junior Member
Florida.. Thanks again BelizeBreeze..I wish it were that simple.. I have worked so hard for 30 years to finally reach this point in my career I am 57 and planning for retirement, not starting over, there are not many jobs in my field even fewer for women. I have an impeccable reputation in my field, have never had any problems, ever, and I am sorry it should be ILLEGAL to be able to make things up about a person causing them to lose their job, and livlihood, everything I have done, all the hard work, just taken away, it should be illegal not just unfair. I am just in shock that this happened to me.
 

alleycatsvb

Junior Member
Florida.. I realize JETX, that you are not emotionally involved in this as I am, and are offering "outside looking in" advice, which I am grateful for and trying my best to understand, leaving my ego and emotions out of it, I don't know your age or where you may be in life, but to just get over it is not something that is easy to do, it was a 30 year career that I worked extremely hard for, made lots of sacrafices for, had never had any problems in all this time. I understand you are both saying unfair does not mean illegal, does wrong equal illegal. Just trying to understand how this can happen and it not be illegal.
 
Related question: Evidence to support a claim would be hard to gather, but if she could put together some convincing material could she have a winnable civil suit against the maint. worker?
 
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