What is the name of your state (only U.S. law)? TX
Ok, an 43-year old Asian-American got let go after 3 yrs in the same position for the company has "made a strategic decision to eliminate the XYZ role here and go in another direction". Note: someone has to do that role's duties in order to for the company to function similar to HR; so he had been training a younger (and presumably cheaper) person who is around 35 yo in the name of "in case he got run over by the bus".
This plaintiff performance evaluation in the last 3 yrs are above avg without any form of reprimands. he didn't get a raise last yr due to being already paid alot, but did not complain. During his firing session, plaintiff was told by manager that "I could continue to keeps you with 30% pay cut, it would be a slap in the face for you, so we didn't want to do that and don't expect you to accept it". Plaintiff got a severance offer for 5 weeks of his normal pay in exchange for not to sue. A few days later, the Plaintiff made a counter offer of 34 weeks, equals to the time it take for him to find similar job based on US Department of Labor stats per March 2010. The company didn't want to deal and stands by its original offer even after they were told there were a couple of unspecified "HR nightmare" incidents that the manager knew about.
here are the specific 'HR nightmares" the Plaintiff have as his ADEA and EEOC arsenals for his disposal.
1) Age discrimination since he is 43 yo and is the only one in his dept of 12 to be laid off and he is the oldest that does that work. There was another project lead who is 50 and does less technical works.
2) A pervasive race victim and national original jokes that could created a hostile work environment that affect severals folks and where he also find it offensive. Stay with me here. Here's the organ chart Dept Director 1 (DD1 - white race - on the job for 2 yrs) , Supervisor 1 (S1 -mix black/Asian race - on the job for 10 yrs), the Plaintiff report directly to DD1 until 6 months ago when DD1 got promoted from the Manager title, since then the Plaintiff has been reporting to S1. some of those jokes got pervasive to the point that DD1 had to admit to the group on 3 occasions that every time a national origin/race joke was told, he labeled those jokes as "HR nightmares" but did nothing to improve the atmosphere.
S1 often tells jokes involving national origin, he likes to play the racism victim card, among other non-black stereotypes comments. Here are some examples that occurred within the last 300 days:
Example 1: a white manager came to see S1 for help on a local printer issue (most folks in the company uses shared network printer unless the data they deals with are sensitive). After giving him some hard time on a joking way, S1 agreed to send someone to check his printer issue out. Before the requesting manager walked off, S1 said to no one in particular in a open office/bullpen setting with about 8-10 people: "Notice only white people have local printer...". Question: although it may not affect him personally since the Plaintiff is non-white, it does make him and others uncomfortable with such as blunt comment. Can he use it as a EEOC infraction for bargaining power? Plaintiff did not report to anyone since everyone equals to S1's rank or below heard it.
Example 2: S1 summoned several of us (this group included 3 whites and the plaintiff) to watch a 3-episode SNL video involving MacGruber being racially-insenstivity hosted by Charles Barkley. This is done both during lunch time and business hours to 2-3 additional separate groups on different dates. Reminder: S1 is black and is playing the victim card. Would showing this video and making some who watched it feels uncomfortable use it as a EEOC infraction for bargaining power?
http://www.hotcelebsvids.com/2010/01/macgruber-emergency-racial-senstivity.html
Example 3: S1 often dubbed 4 Asians as part of the "Asian Row" where they happened to be assigned and sat in a row. And if something gone wrong with the computer systems, was told by S1 and another white peer that the source is probably found on the "Asian Row". Plaintiff find that racial profiling and labeling to be offensive and degrading.
Example 4: On March 2010. When a white peer and S1 drew up a NCAA Bracket for the basketball tourney for company folks to participate for fun and team building, they collaborated and labeled the company bracket as "Chenco Engineering" (in reference to one Asian, not plaintiff's last name, of "Chen") with a subtitled of “If it aint broke, we can fix that!” -- in reference to the allegedly poor skills of the Asian workers in our group. Being an Asian himself, Plaintiff find those labels racist and degradingly offensive, respectively. In addition, there are 2 women in the bracket of 12 or so entries (including DD1, S1, plaintiff, and the white peer), one of the bracket name and owner names used was found be in sexual inappropriate and degrading:
Bracket name Owner
-----------------------------------------------
"i'm your baby's daddy" - "the ambidextrous masturbater"
Would this label be able to used by plaintiff as a EEOC infraction for bargaining power?
Note: on his annual review from 1 year earlier, Plaintiff did mentioned to DD1 there was a lot of "drama" and profanity that makes him less productive. The DD1 response to his complain was "we need some of those (profanity and drama) around here to give the requesting depts a hard time."
In conclusion, should the plaintiff take the initial offer of 5 wks of severance or does he have enough firepower for age & hostile work environment claims to ask for more? the Plaintiff wants A) his old job back for 1 yr so he can move on OR 2) $59K to compensate for wrongful termination.
Should he file with the EEOC before giving the company a chance to review those details?
Ok, an 43-year old Asian-American got let go after 3 yrs in the same position for the company has "made a strategic decision to eliminate the XYZ role here and go in another direction". Note: someone has to do that role's duties in order to for the company to function similar to HR; so he had been training a younger (and presumably cheaper) person who is around 35 yo in the name of "in case he got run over by the bus".
This plaintiff performance evaluation in the last 3 yrs are above avg without any form of reprimands. he didn't get a raise last yr due to being already paid alot, but did not complain. During his firing session, plaintiff was told by manager that "I could continue to keeps you with 30% pay cut, it would be a slap in the face for you, so we didn't want to do that and don't expect you to accept it". Plaintiff got a severance offer for 5 weeks of his normal pay in exchange for not to sue. A few days later, the Plaintiff made a counter offer of 34 weeks, equals to the time it take for him to find similar job based on US Department of Labor stats per March 2010. The company didn't want to deal and stands by its original offer even after they were told there were a couple of unspecified "HR nightmare" incidents that the manager knew about.
here are the specific 'HR nightmares" the Plaintiff have as his ADEA and EEOC arsenals for his disposal.
1) Age discrimination since he is 43 yo and is the only one in his dept of 12 to be laid off and he is the oldest that does that work. There was another project lead who is 50 and does less technical works.
2) A pervasive race victim and national original jokes that could created a hostile work environment that affect severals folks and where he also find it offensive. Stay with me here. Here's the organ chart Dept Director 1 (DD1 - white race - on the job for 2 yrs) , Supervisor 1 (S1 -mix black/Asian race - on the job for 10 yrs), the Plaintiff report directly to DD1 until 6 months ago when DD1 got promoted from the Manager title, since then the Plaintiff has been reporting to S1. some of those jokes got pervasive to the point that DD1 had to admit to the group on 3 occasions that every time a national origin/race joke was told, he labeled those jokes as "HR nightmares" but did nothing to improve the atmosphere.
S1 often tells jokes involving national origin, he likes to play the racism victim card, among other non-black stereotypes comments. Here are some examples that occurred within the last 300 days:
Example 1: a white manager came to see S1 for help on a local printer issue (most folks in the company uses shared network printer unless the data they deals with are sensitive). After giving him some hard time on a joking way, S1 agreed to send someone to check his printer issue out. Before the requesting manager walked off, S1 said to no one in particular in a open office/bullpen setting with about 8-10 people: "Notice only white people have local printer...". Question: although it may not affect him personally since the Plaintiff is non-white, it does make him and others uncomfortable with such as blunt comment. Can he use it as a EEOC infraction for bargaining power? Plaintiff did not report to anyone since everyone equals to S1's rank or below heard it.
Example 2: S1 summoned several of us (this group included 3 whites and the plaintiff) to watch a 3-episode SNL video involving MacGruber being racially-insenstivity hosted by Charles Barkley. This is done both during lunch time and business hours to 2-3 additional separate groups on different dates. Reminder: S1 is black and is playing the victim card. Would showing this video and making some who watched it feels uncomfortable use it as a EEOC infraction for bargaining power?
http://www.hotcelebsvids.com/2010/01/macgruber-emergency-racial-senstivity.html
Example 3: S1 often dubbed 4 Asians as part of the "Asian Row" where they happened to be assigned and sat in a row. And if something gone wrong with the computer systems, was told by S1 and another white peer that the source is probably found on the "Asian Row". Plaintiff find that racial profiling and labeling to be offensive and degrading.
Example 4: On March 2010. When a white peer and S1 drew up a NCAA Bracket for the basketball tourney for company folks to participate for fun and team building, they collaborated and labeled the company bracket as "Chenco Engineering" (in reference to one Asian, not plaintiff's last name, of "Chen") with a subtitled of “If it aint broke, we can fix that!” -- in reference to the allegedly poor skills of the Asian workers in our group. Being an Asian himself, Plaintiff find those labels racist and degradingly offensive, respectively. In addition, there are 2 women in the bracket of 12 or so entries (including DD1, S1, plaintiff, and the white peer), one of the bracket name and owner names used was found be in sexual inappropriate and degrading:
Bracket name Owner
-----------------------------------------------
"i'm your baby's daddy" - "the ambidextrous masturbater"
Would this label be able to used by plaintiff as a EEOC infraction for bargaining power?
Note: on his annual review from 1 year earlier, Plaintiff did mentioned to DD1 there was a lot of "drama" and profanity that makes him less productive. The DD1 response to his complain was "we need some of those (profanity and drama) around here to give the requesting depts a hard time."
In conclusion, should the plaintiff take the initial offer of 5 wks of severance or does he have enough firepower for age & hostile work environment claims to ask for more? the Plaintiff wants A) his old job back for 1 yr so he can move on OR 2) $59K to compensate for wrongful termination.
Should he file with the EEOC before giving the company a chance to review those details?
Last edited:
