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Do I have a case ?

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Ashleykaos

New member
I live in Oregon and I feel like I have a case against my previous employer. Do I ? This is what happened. I got hired and everything was perfectly fine. The company had even posted a picture of me on their website and social media page, introducing me as the new revenue cycle manager, without asking for my consent. Then two days later they walk into my office and tell me that they have to let me go, that they know about my ex boyfriend ( who had got arrested and it was in the news ) and they had to let me go because they thought we were still together. they then said they would give me another chance 5 minutes later. I came in to work the next day nothing happened then the next day after that they decided to let me go, and said "it is a small town". Then they deleted the picture of me off of their social media page like it was nothing. What are other employers who may have seen that post before it got deleted going to think when I am applying to another job in this "small town"and they just saw the post that had said I got hired somewhere else.. they wont wanna hire me cause I obviously just got fired after being at the company for two and a half weeks. I also believe the reason that they fired me is discrimination because of who I choose to be my significant other. How can you be fired because of the person you choose to date ? I was discriminated against because of my sexual orientation/sexual preference of the partner of my choice. I should not be in danger of loosing my job because of who I am dating. I was not charged with any crime and my name was not in the news story. Thirdly my final pay stub says that I accrued 48 hours of PTO and personal sick time but when I asked why it wasn't included In my final pay they said I hadn't really accrued that time so then that means there was false/incorrect information on my pay stub. Do I have a case ? What should I do ?
 


Ashleykaos

New member
I live in Oregon and I feel like I have a case against my previous employer. Do I ? This is what happened. I got hired and everything was perfectly fine. The company had even posted a picture of me on their website and social media page, introducing me as the new revenue cycle manager, without asking for my consent. Then two days later they walk into my office and tell me that they have to let me go, that they know about my ex boyfriend ( who had got arrested and it was in the news ) and they had to let me go because they thought we were still together. they then said they would give me another chance 5 minutes later. I came in to work the next day nothing happened then the next day after that they decided to let me go, and said "it is a small town". Then they deleted the picture of me off of their social media page like it was nothing. What are other employers who may have seen that post before it got deleted going to think when I am applying to another job in this "small town"and they just saw the post that had said I got hired somewhere else.. they wont wanna hire me cause I obviously just got fired after being at the company for two and a half weeks. I also believe the reason that they fired me is discrimination because of who I choose to be my significant other. How can you be fired because of the person you choose to date ? I was discriminated against because of my sexual orientation/sexual preference of the partner of my choice. I should not be in danger of loosing my job because of who I am dating. I was not charged with any crime and my name was not in the news story. Thirdly my final pay stub says that I accrued 48 hours of PTO and personal sick time but when I asked why it wasn't included In my final pay they said I hadn't really accrued that time so then that means there was false/incorrect information on my pay stub. Do I have a case ? What should I do ?
Also, in my offer letter it states that my wage was 24 dollars and hour and 25 after 6 months of employment. No other specification. Is that not or does that not sound like a guarantee of employment of an for at least 6 months
 

Taxing Matters

Overtaxed Member
How can you be fired because of the person you choose to date ?
Because no law makes it illegal to fire someone who associates with some who is suspected of criminal activity. While it is a case of discrimination (as most terminations are) most discrimination by an employer is legal. It is only illegal under federal law if the discrimination is because of the employee's race, color, national origin, religion, age (if age 40 or older), disability, or genetic test information. In some cases, especially when it comes to race and religion, it can be illegal to discriminate against you because your spouse or significant other is the reason for the termination. Oregon protects a few more characteristics than federal does, but neither the federal government nor any state prohibits an employer from firing an employee for being closely associated with a suspected criminal (or if the company believes you are, even though the relationship had already ended).

If they fired you because of your ex boyfriend's race, that might be illegal discrimination against you based on race.

I was discriminated against because of my sexual orientation/sexual preference of the partner of my choice. I should not be in danger of loosing my job because of who I am dating.
That conflicts with what you said earlier, that you were fired because your ex boyfriend was arrested. If it's true that the arrest was the motivating factor for the termination then there is no illegal discrimination. If you can prove you were fired because of your sexual orientation/sexual preference, you'd have a potential illegal discrimination case. But if the company discriminates against you based on sexual orientation or preference I presume they'd not have hired you in the first place. Consult an attorney who litigates wrongful discharge cases to see if you have any realistic chance of winning such a claim. Note that for a claim of illegal discrimination by your employer discrimination you must first file a complaint with the federal Equal Employment Opportunity Commission (EEOC) and get a letter from the EEOC saying it will not litigate the case itself. The time period to do that is not very long. It can be as short as 180 days from date of termination. See the EEOC's page on time limits for filing a claim for more on that. Oregon may have a similar rules for state discrimination claims.

I was not charged with any crime and my name was not in the news story. Thirdly my final pay stub says that I accrued 48 hours of PTO and personal sick time but when I asked why it wasn't included In my final pay they said I hadn't really accrued that time so then that means there was false/incorrect information on my pay stub. Do I have a case ? What should I do ?
It may be that your employer requires that you be employed for a certain minimum time (like 6 months) before you can actually use the PTO and paid sick time that you started accruing. If that's the case it owes you nothing because you weren't there long enough. Another thing to discuss with the lawyer you consult.

I don't see anything here that clearly shows illegal discrimination by your employer, but I also don't have all the facts. This isn't something you'll solve on an internet message board. That's why you need to talk with a lawyer and lay out all the facts you have to see if there is any action you can take.
 

Taxing Matters

Overtaxed Member
Also, in my offer letter it states that my wage was 24 dollars and hour and 25 after 6 months of employment. No other specification. Is that not or does that not sound like a guarantee of employment of an for at least 6 months
That is not a guarantee of employment. It's a statement that if you last at least six months your pay will go up as indicated. It does not guarantee you a job for six months no matter what. You'd really need a well written employment contract signed by both of you to assure that your employment is set for a certain period of time. Very few employees get that kind of agreement.
 
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Ashleykaos

New member
Because no law makes it illegal to fire someone who associates with some who is suspected of criminal activity. While it is a case of discrimination (as most terminations are) most discrimination by an employer is legal. It is only illegal under federal law if the discrimination is because of the employee's race, color, national origin, religion, age (if age 40 or older), disability, or genetic test information. In some cases, especially when it comes to race and religion, it can be illegal to discriminate against you because your spouse or significant other is the reason for the termination. Oregon protects a few more characteristics than federal does, but neither the federal government nor any state prohibits an employer from firing an employee for being closely associated with a suspected criminal (or if the company believes you are, even though the relationship had already ended).

If they fired you because of your ex boyfriend's race, that might be illegal discrimination against you based on race.



That conflicts with what you said earlier, that you were fired because your ex boyfriend was arrested. If it's true that the arrest was the motivating factor for the termination then there is no illegal discrimination. If you can prove you were fired because of your sexual orientation/sexual preference, you'd have a potential illegal discrimination case. But if the company discriminates against you based on sexual orientation or preference I presume they'd not have hired you in the first place. Consult an attorney who litigates wrongful discharge cases to see if you have any realistic chance of winning such a claim. Note that for a claim of illegal discrimination by your employer discrimination you must first file a complaint with the federal Equal Employment Opportunity Commission (EEOC) and get a letter from the EEOC saying it will not litigate the case itself. The time period to do that is not very long. It can be as short as 180 days from date of termination. See the EEOC's page on time limits for filing a claim for more on that. Oregon may have a similar rules for state discrimination claims.



It may be that your employer requires that you be employed for a certain minimum time (like 6 months) before you can actually use the PTO and paid sick time that you started accruing. If that's the case it owes you nothing because you weren't there long enough. Another thing to discuss with the lawyer you consult.

I don't see anything here that clearly shows illegal discrimination by your employer, but I also don't have all the facts. This isn't something you'll solve on an internet message board. That's why you need to talk with a lawyer and lay out all the facts you have to see if there is any action you can take.
Because no law makes it illegal to fire someone who associates with some who is suspected of criminal activity. While it is a case of discrimination (as most terminations are) most discrimination by an employer is legal. It is only illegal under federal law if the discrimination is because of the employee's race, color, national origin, religion, age (if age 40 or older), disability, or genetic test information. In some cases, especially when it comes to race and religion, it can be illegal to discriminate against you because your spouse or significant other is the reason for the termination. Oregon protects a few more characteristics than federal does, but neither the federal government nor any state prohibits an employer from firing an employee for being closely associated with a suspected criminal (or if the company believes you are, even though the relationship had already ended).

If they fired you because of your ex boyfriend's race, that might be illegal discrimination against you based on race.



That conflicts with what you said earlier, that you were fired because your ex boyfriend was arrested. If it's true that the arrest was the motivating factor for the termination then there is no illegal discrimination.


- The arrest happened before I was employed with them, then they found out about it somehow and came into my office and said "we are gunna have to let you go. We know about Jason"



If you can prove you were fired because of your sexual orientation/sexual preference, you'd have a potential illegal discrimination case. But if the company discriminates against you based on sexual orientation or preference I presume they'd not have hired you in the first place.

- I didn't disclose who I was in a relashionship with prior or during employment
 

cbg

I'm a Northern Girl
If you were fired BECAUSE of your sexual orientation, that is illegal.

If you were fired BECAUSE your ex made the newspapers, that is not.

At least initially, the burden of proof is on you to show which.
 

Zigner

Senior Member, Non-Attorney
Nothing illegal occurred. You clearly understand and acknowledge that they terminated you because you apparently closely associated with a suspected criminal. That is not a protected class, as was explained.
 

Ashleykaos

New member
Ok well what about them posting my photograph online without my permission, on Facebook and their website, and then Deleting it 2 and a half weeks later ? I have the proof of the post, That could potentially permanently damage my career in this area
 

not2cleverRed

Obvious Observer
Ok well what about them posting my photograph online without my permission, on Facebook and their website, and then Deleting it 2 and a half weeks later ? I have the proof of the post, That could potentially permanently damage my career in this area
Oh, for heaven's sake, you probably signed paperwork agreeing to this when you were hired.

You are grasping at straws.
 

cbg

I'm a Northern Girl
When you actually have some damages as the law sees damages, and you are able to directly tie it to these photos, come back and see us then. You cannot sue for what has not yet happened and may never happen.
 

stealth2

Under the Radar Member
Ok well what about them posting my photograph online without my permission, on Facebook and their website, and then Deleting it 2 and a half weeks later ? I have the proof of the post, That could potentially permanently damage my career in this area
I'd bet there was something in the onboarding paperwork that you signed addressing marketing/promotional material wrt photos. So they added you when you were starting, then deleted you when you were term'd. That's quite normal.

What could happen potentially isn't going to win you the lottery, only what actually does happen and that you can prove. As others have indicated, nothing you've posted places you in a protected class.

Plus, I suspect that any damages (when and if) would be based on your actual loss of income (I'm sure one of the HR folks will correct me if I'm mistaken). With the pay scale you mentioned, you're only talking ~$50k/yr, so your (potential) losses aren't that incredibly high, sorry.
 

Taxing Matters

Overtaxed Member
Ok well what about them posting my photograph online without my permission, on Facebook and their website, and then Deleting it 2 and a half weeks later ? I have the proof of the post, That could potentially permanently damage my career in this area
Who took the photo? If it was the employer then the employer has the copyright and there would be no copyright violation in putting it up on the web site. You might have a privacy related tort if you didn't want the photo on the web site and told your employer that before termination. Even then, the cost to litigate that would be more than you'd likely win from this. The photo was up for only two weeks. I very much doubt that most members of your community check this employer's web site for employee information so regularly that they'd have both noticed your photo there and then noticed it was gone a few weeks later. I think you are substantially overstating the harm here. Most other employers won't have seen that, much less the general public. Besides, if the prospective employer asks about your employment history and you are honest about it, that will have way more impact on the decision to hire you than the fact that your photo was briefly on that former employer's web site.
 

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