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Discrimination/Retaliation

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Jatilq

Junior Member
What is the name of your state? NY

Fired 24 hours after calling Employee Hotline to report racial remarks towards me.
24 hours after e-mailing statement to CEO and Board members of large company I'm rehired.
My condition of rehire was a letter stating there will be no more retaliation, discrimmination and harassment.
Conditions are not met, only thing changed was a new manager, but my performace based on old manager.
After working way to highest level of company HR, and told to contact them with any problems new manager starts changing policy in a attempt to get me to quit.
After calling HR and told there would be an investigation, manager becomes abusive and threatens to send me home without pay if I call HR again. I call HR and I'm sent home by manager [had no authority to do so]. This was Friday.
Monday ****** Luther Kings birthday, I call HR manager a few times with no response, but manager calls me from home within 30 minutes of call to HR manager, she tells me my job is ok and offers me the day off with pay.
Tuesday, because no call from HR manager I call EEOC to file a case at 9am-10am. I call HR manager and leave message that I will let EEOC handle the matter from now on. Ever incident I was respectful and professional.
1pm I show up to work and I'm fired on the spot.
Companies reason for firing me the first time; The employee was worried about being fired, so we terminated him. No mention of my reporting disrimination or the letter I have when rehired.
Second termination was because I was insubordinate, even though I was told by Corp. HR Manager, to report everything.

I won the Unemployment decision because the company had conflicting/unfactual statements.

Mediation scheduled for 24th of this month.
How do I handle the mediation? Should I get a lawyer and go class action? Does this sound like Unlawful Discrimination/Retaliation?

Thank You in advance



How do I handle the mediation? Should I get a lawyer and go class action? Does this sound like Unlawful Discrimination/Retaliation?
 
Last edited:


Sonatina15

Junior Member
What is the name of your state? NY

Fired 24 hours after calling Employee Hotline to report racial remarks towards me.
24 hours after e-mailing statement to CEO and Board members of large company I'm rehired.
My condition of rehire was a letter stating there will be no more retaliation, discrimmination and harassment.
Conditions are not met, only thing changed was a new manager, but my performace based on old manager.
After working way to highest level of company HR, and told to contact them with any problems new manager starts changing policy in a attempt to get me to quit.
After calling HR and told there would be an investigation, manager becomes abusive and threatens to send me home without pay if I call HR again. I call HR and I'm sent home by manager [had no authority to do so]. This was Friday.
Monday ****** Luther Kings birthday, I call HR manager a few times with no response, but manager calls me from home within 30 minutes of call to HR manager, she tells me my job is ok and offers me the day off with pay.
Tuesday, because no call from HR manager I call EEOC to file a case at 9am-10am. I call HR manager and leave message that I will let EEOC handle the matter from now on. Ever incident I was respectful and professional.
1pm I show up to work and I'm fired on the spot.
Companies reason for firing me the first time; The employee was worried about being fired, so we terminated him. No mention of my reporting disrimination or the letter I have when rehired.
Second termination was because I was insubordinate, even though I was told by Corp. HR Manager, to report everything.

I won the Unemployment decision because the company had conflicting/unfactual statements.

Mediation scheduled for 24th of this month.
How do I handle the mediation? Should I get a lawyer and go class action? Does this sound like Unlawful Discrimination/Retaliation?

Thank You in advance



How do I handle the mediation? Should I get a lawyer and go class action? Does this sound like Unlawful Discrimination/Retaliation?

You are lucky that EEOC actually cared about your complaint. When I filed my complaint here in California, EEOC turned it over to my employer so that they could investigate themselves. The outcome of that one's a no-brainer.
 

Jatilq

Junior Member
My case is filed under NYS and EEOC. From the info I have been getting. I have two cases of retaliation and even if they lie about the racial comments (They will), I still have a strong case.

They say I was fired the first time because I was worried about being fired and even though they rehired me with a letter (my request) stating thier will be no more descrimination, harrassment and retaliation, the company says they wanted to give me a second chance. Keep in mind this was less than 24hrs after emailing the CEO and Board members, as well as posted a blog.

I was fired the second time within hours of filing a claim with the EEOC. I have collected 6 people for a class action suit if needed, but I want to see how this fact finding meeting goes. They are closing the center in this area and after that I will have more people who want to join the class action. They are worried the company will mess with their severence packages.
 

Jatilq

Junior Member
I started with the long version, but decided to give the short version.

What would you like to know?
 

ecmst12

Senior Member
I don't see what the issue is at this point, you made the complaint and are going through the EEOC. I don't even see that you are asking a question. Your case is proceeding through the proper channels, congratulations and good luck with it.
 

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