Slander/Defamation/Discrimination/Harassment???

[tyrone_bak]

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

I was working for a Technology Department manager who was a power-control-freak and who maintains his/her control in very under-handed ways. One example, he withholds information from myself and staff working with me. If he is approached for the information, has a very demeaning manner and disrespectful tone. Finally, he likes making good talented and well-skilled people look like idiots on their goals for the year. It's seems all poliitcal with a hidden agenda.

The above was done on my Yearly Goals/Reviews and in meetings. I was terminated based upon false information in my Goals for the year. The goals are used to determine a percentage of 20K bonus & salary raise. In short, my unemployment approval response said I was termed because of "poor performance" at work. I have a large document for an appeal of the REVIEW internally while I was working pointing out the false information. It was reviewed and nothing was changed.

Now, I have an even larger document for EEOC. EEOC says that this falls under racial discrimintation because of the information that I provided for their review. Seems like I need a LAWYER.

Info in doc:
-Emails from peers stating they didn't have certain skills but were promoted into positions
-Emails from peers who didn't use the ticketing system
-Proof that peers caused large problems/outages and I never caused an outage but small things were added in my REVIEW. I'm curious to know if their review had the outages. I was the only Afro-American at that level
-One goal where the criteria says that I should be at Excellent had a low score
-Defamation of my skill sets. I have complimentary letters(none of the letters were included in my yearly review)

THe Company vision, HR guidelines, and Ethics have been ignored by this Technology Department. The system designed to protect the employees & staff has broken down within this department.

Do I have a lawsuit?

p.s.-- After the termination, rumor has it that managment were scrambling around going through my email...etc And they still have my flashdrives but I started saving emails and documenting months in advance. All documents are on a website for easy access.

 

[cbg]

Please restate your question with no reference to the older post. I can't tell where the irrelevancies end and your question begins.

 

[tyrone_bak]

Revised my original post. Is it better?

I think retaliation is part of the Manager motivation for the termination.

 

[ecmst12]

You filed a claim with the EEOC and received a response? What specifically did they say?

 

[tyrone_bak]

No claim filed as of yet. I called the EEOC 800 number while I was still employed. The guy on the other end said to go into the office because it seems like I have a discrimintation case. I went into the office and they suggested 2 things:

1. Find a lawyer
2. Don't file a claim right away because i will have to find a lawyer in 90 days
3. Wait and file within the 180 days after I find a lawyer

They gave me a list of lawyers in the area. I have one but he is dragging his feet. I know this is a winnable case. And I'm not thinking that it is because I'm all emotional. I'm thinking like an Engineer. I"m going off of the facts and just wanted a 2nd opinion in this forum.

 

[ecmst12]

Step one: File with the EEOC. You can consult a lawyer before or after, it really doesn't make a huge difference, because...

Step two: Wait 6 months to 1 year for the EEOC to get around to looking into your claim and issuing a determination. Most of the time, they will not pursue anything themselves but simply issue you a right-to-sue letter. Getting one does not mean you have a good case (in fact if your case was VERY strong, the EEOC would pursue it for you), but you can't go any further without one.

Step three: Consult with your lawyer and decide whether it is worth it to proceed to file suit. You have 90 days FROM THE TIME THE RTS LETTER IS ISSUED to file the suit, not 90 days from the time you file the claim.

I hope you have more evidence then simply being the only person of your race in that position that the discrimination is BECAUSE of your race, because that alone does not make for a very strong case. If your review was tanked just because your boss didn't like you, that's 100% legal.

 

[tyrone_bak]

Please rephrase your last sentence.

My understanding from reading your response is that if my boss falsified some information on my yearly review, then that was 100 % legal. And I don't have a "prima facie".

The review to me is almost like my Masters degree project or exam. There is a list of rules that have to be followed according to HR guidelines(my degree has school guidelines). And there is a list of expectations and items that have to be followed in order to receive a grade. For example, if my professor required me to have a Reference page, and at least 10 pages for my report then I will receive a grade of at least 70(passing). Without it he will probably give me a 60 if I have just a 5 page report ONLY.

On my Review, there was a criteria that was set that was totally ignored and I received a 50(not really but it's the equivalent) instead of a 70+20 for a 90 which follows the written criteria set at the beginning of the year.

QUESTION:: Is this legal for Management to change the grade value without changing the text on the goal?

There is more evidence that I have besides just my RACE. EEOC came to that conclusion. The original post has bullet points. I have 12 months of documentation and lot more information. The reason I came to this forum is for opinions. Thank you for responding and I look forward to your opinion plus others.

 

[LeeHarveyBlotto]

My understanding from reading your response is that if my boss falsified some information on my yearly review, then that was 100 % legal.

That is correct.

 

[ecmst12]

Company policy and HR guidelines are not the law. Discrimination is ONLY illegal if it is based on a protected characteristic. If he downgraded your review because he doesn't like the color of your shirt or thinks you have a bad attitude, that's not illegal. If he gave you a bad review because you're black, that is of course illegal, but the mere fact that you received a bad review AND you happen to be black is not going to win you anything in court if that is all the evidence you have. But again, getting a bad review that you didn't deserve is not actionable from a legal standpoint via an EEOC claim. You may have recourse within the company (getting them to follow their own policies) and you MIGHT even have recourse under contract law, depending on your state and the specific wording of the company policies (definitely need a lawyer to review all documents to find this out), but the EEOC only deals with ILLEGAL discrimination.

 

[tyrone_bak]

Very useful information from both of you. I learned something new--- the manager can downgrade a yearly review just because he feels like it. Wow!! That can make alot of employees work environment stressful. Especially if a manager don't like Afro American men/women.

Question:: Let's remove race and the other details. Then go to my day in court. Is this like a murder case and all that good stuff? 12 people listening to the case...etc...

I don't think 12 normal people/citizens will agree with the above. If I was a juror earlier this year, I would of made a decision in favor of the terminated employee and against the organization.

 

[cbg]

No, you won't have a 12 person jury trial. This isn't a criminal case.

What EVIDENCE do you have that your race was the criteria? For that matter, what evidence do you have that the manager deliberately falsified the information as opposed to having a different opinion than you, making a clerical error, accidently skipping a page, etc.?

 

[tyrone_bak]

The EVIDENCE is for the Dallas, Texas lawyer to review. It's 12-16 months of documentation, text, instant messages, and emails. There were certain words used that are not PROFESSIONAL. Matter of fact you don't use that tone outside of work. So, I used the internal HR corporate system that was in place, lawyer advice and help from EEOC before I was terminated. He placed alot into TEXT which is good. Plus, my job involve interacting with the whole Corporation at all levels who I thought I can use as witnesses within a 200 mile radius.

Clerical error.. yeah right! That's probably one of the responses that will be received IF i can FIND a LAWYER. That clerical error cost me my job and part of 20K bonus and raise.

No trial by jury!!! That hurts... How am i suppose to get witnesses from work to talk in person?

Is subpoena valid?

Is it just a judge that reviews this?

Did you ever see that movie Disclosure with Michael Douglas?

 

[ecmst12]

Whether criminal or civil, a jury doesn't decide what the law is. They can't render a verdict that's contrary to the law. If they rule you were terminated illegally when it's clear to the judge that you have not met the legal elements of a wrongful termination, he can and should set aside the veridct (that's IF you even get a jury trial to begin with). In fact your case might never get to trial if your evidence doesn't meet the minimum standard, the company will move to dismiss and it will be granted.

Text messages and emails aren't the ideal evidence, but at least it's something. Take your evidence and find a lawyer. If you can't find one to take your case (on contingency, no up front fees), that means your case is weak and not worth their time. Once you find a lawyer, ask all your questions of him/her.