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Fired as a warning to others

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peterlee

Member
What is the name of your state (only U.S. law)? CA

I had a long story to tell. First thank you for your patience to read.

I had been working for a company for 10 years, 7 of 10 years working under H-1 foreign worker. Now I am green card holder. Because of the foreign worker status, I had suffered greatly from discrimination, threatening, mistreatment from the owners. The company sponsored me working in the company. They knew if I could not work for them, I would be out of visa status and became illegal.

I am from China and the owner is Chinese American from Taiwan. After working there for a while, one day by the end of 1997, the president told me in front of other co-workers, “You people in China just kill time at work by drinking tea and reading paper. But you can not do like that in my company.” I felt bad by his comments. Then I said to his son that I needed a time out for a rest because of his father's words. But when I came back from lunch, he asked me to apologize to his father. I said I didn't do anything wrong, what I apologized for? Dan says, "If you don’t apologize, you can not work here anymore. I had to say “I am sorry” to his father for keeping the job.

In 1998, his son required me to stand up and looked at his father no matter what I was doing when his father came to my desk to show respect of his father. Since then I always followed the rule in the company. But he didn’t ask other co-workers do like this.

One week before I was terminated, I received the Worker’s Compensation Form for the injuries at work from the company medical agent by e-mail. At the same time, she told me wait until the owner's son back from a business trip for assistance to file the claim. The owner knew my intention of the claim from the agent, I believe. I never realized that the nightmare happened to me suddenly. After the following Monday the owner kept sending me the e-mails accusing me of errors at work, but they were already resolved with his son before he went to the errond and it was not my fault. On Friday the owner terminated me, saying that I used the wrong quote, actually it was not. When I asked his son why I was fired by your father with my no fault reason, he said because his father issued two warnings for my out of company without log-ou. The 2 warnings as this. By law we should have 10 minutes break time after 4 hours working. I just used twice for the 10 years. The first was in May of 2007, I used the time plus lunch time to go to a store for a pain medicine due to I hit my knee at my iron table. When I came back, I explained to the owner the situation why I were out. The total time out was 30 minuts. We had 30 minutes for lunch. I didnt go for lunch that day. The owner used the case as a public warning to the company. One day in Sept. 2007, I used 10 minutes break time after 4 hours working to check my car battery problem in a repair shop, where was just 200 meters away from the company. The owner issued a warning. I thought I am already permanent resident of United States, I should have the right as other co-workers, they used the time smoking out or doing something personal.

One day in 2007, when I rubbed my back by the desk, the owner said to me, you just over-sex, his words made everybody around laughing.

One day in Feb. 2007, when I checked the Buyer's Guide on manager's table for a purchasing source, the owner said to me, "One of ex- employees once stole the company stuff to look for job".

In April of 2003, I arranged a trip back to China to attend my mother’s funeral to pay her a last respect. The day before I left, his son asked me to cancel the trip because of SARS being broken in China. I argued that the trip was for my mother’s funeral. he told me, if you still insisted on going back to China now, you could not work here any more. Under his threatening, I had to cancel the trip. But they allowed one of co-workers Chinese American going to China on personal errand at that time and just let him stay at home for 2 weeks before resumed to work. This was the greatest hurting to me in my life.

In the ten years, when there are some work errors, even they were not my mistakes, the owner and his son always criticized me in front of co-workers by yelling, abusing & rude to me. They always used this way to punish me as a warning to others. They knew that I could not say anything because of my foreign worker status. Unfortunately, a few co-workers also followed the owner’s way to discriminate me. At night, I could not sleep and had nightmares all the time. I was always scared to wake up at midnight from dreaming owner's rude attitude and behaviors to me in company. I had to take sleeping pills to help me sleep all the time.

I believe the real reason to terminate me was regarding my age. One day before his son out for business, I discussed with his son that I needed some assistance because of my overload job, 2 more accounts adding to my work. I remembered clearly what he said in his office that day, "You could not work as hard as before, you could not move fast as before, I understand you are over 50 years old." Right after he left for business, his father withdrew the new accounts from me Monday, the following Friday, his father terminated me.

At the day when the owner terminated me, he used the last chance to discriminate and abuse me. He told me in front of co-workers, "Don't take company things, yours only". Then asked one of co-workers to walk me to my car.

Because of the discriminated termination, I can not find a job. When I am asked to explain why I was terminated, I told them the truth, none of employers can hire me.

I am so depressed and despirated the termination brough me. I always wonder why I was in the comapny discriminated in many ways in such a country where freedom, legal system, human rights and democracy are the most valuable for people. Unfortunately I was deprived of the rights there.

I really appreciate your help if you can provide some advice. Thank you for your time.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 



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