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andy111

Junior Member
[State of California]

Hi,

I have been working in America for decades but never had an issue like this. Around 2 years ago, I started to have some issues with 3 of my co-workers and their racist remarks. At first I tolerated, but at some point I had to say something. So I spoke to the human resources department; and they did nothing.

I sought lawyer advice, and I was referred to a lawyer who convinced me that filing a law suite against the company is the best solution. Despite having my doubts, I followed his advice. We agreed on a contingency based compensation for the lawyer.

I later did a family leave-of-absence for 3 months, and found another job during this time. Then I resigned from the job for good. Seemed to be a logical solution to the whole problem.

The case was open for the past two years, until around 5 weeks ago the lawyer called me saying that finding a job during leave-of-absence is illegal, and that he cannot continue the suite, and is now asking for his fee, and is representing the company's counter suite as well.

Now I'm trying to find my way out of this. All I wanted was for the racist remarks to stop and they turned it into this. I didn't want to make a dime out of this, I just wanted to work without being discriminated and insulted.

What can I do? Please help. Much appreciated.
 


HomeGuru

Senior Member
[State of California]

Hi,

I have been working in America for decades but never had an issue like this. Around 2 years ago, I started to have some issues with 3 of my co-workers and their racist remarks. At first I tolerated, but at some point I had to say something. So I spoke to the human resources department; and they did nothing.

I sought lawyer advice, and I was referred to a lawyer who convinced me that filing a law suite against the company is the best solution. Despite having my doubts, I followed his advice. We agreed on a contingency based compensation for the lawyer.

I later did a family leave-of-absence for 3 months, and found another job during this time. Then I resigned from the job for good. Seemed to be a logical solution to the whole problem.

The case was open for the past two years, until around 5 weeks ago the lawyer called me saying that finding a job during leave-of-absence is illegal, and that he cannot continue the suite, and is now asking for his fee, and is representing the company's counter suite as well.

Now I'm trying to find my way out of this. All I wanted was for the racist remarks to stop and they turned it into this. I didn't want to make a dime out of this, I just wanted to work without being discriminated and insulted.

What can I do? Please help. Much appreciated.
**A: I suggest you negotiate the fee with the attorney.
 

cyjeff

Senior Member
Unless you signed something really interesting and unusual, it is never illegal to leave a job at any time for any reason.

Even if you did sign something, you didn't make it ILLEGAL. Unless you are an elected official, you cannot make ANYTHING illegal.

You could be held civilly liable, but that isn't the same as illegal.
 

xylene

Senior Member
Your lawyer is now representing the people you were suing in a law suit against you?

Contact the bar association. That is clearly a conflict of interest.
 

Hot Topic

Senior Member
So, you're saying that the racist remarks continued after you talked to HR? How do you know that HR took no action? It's my understanding from other posts that HR doesn't have to tell an employee what they did on his or her behalf.

I can see how using a leave of absence to find another job might endanger your employment. Those people are paying you to look for a way to get away from them.

Thinking that quitting a job will get you away from racist remarks is incredibly naive. It's like saying, "My boss is a jerk. If I resign, I'm not going to run into jerks in my new job."

I agree that you should file a complaint with the State Bar about your attorney. Just don't be surprised if they don't take major action.
 

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