wrongfully fired

[texas3]

I worked for a company in Texas for 2 1/2 years. When i first gained employment i was told i would be paid a certain amount. This amount was granted until a month after i started work the company laid me off because there was no work to do. A month later i was called back to work, i accepted and worked until this past november where i was fired because unjustly. I feel that my termination was unjust and was probably racialy motivated.

I was a salaried employee, that was on call 24 hours a day seven days a week. I could not take brakes from on call because they had noone to relieve me. During emergency times i had to place a non exempt employee on call because of the lack of exempt employees to relieve for my position. When i was fired i spoke on the phone with the Director of the comapny, during our conversation i pleeded with him to reenstate my job, he sympothized with me and said it was out of his hands. He also made the comment that " We were just going to forget about what i was fired for and that we would just say that i went my seperate way. I did not understand his comment, and wondered if he realized i was unjustly fired, but did not want me to persue any legal action. Shortly after my termination i recieved unemployment benifits. The unemployment commission found that i was elidgable for unemployment, that i had not committed any violation that related to my job performance. I have pondered this situation for quite some time and have come to realize that my rights may have been violated. I need some professional advice, and hope that someone could help me.

Thank you
fired in texas

 

[JETX]

Texas is an 'at will' state. This means that, unless you are covered under a contract or a bargaining agreement, your employer can terminate your employment for ANY reason, whether you feel it is justified or not, as long as it isn't one of the 'protected' discrimination areas.

 

[texas3]

I do feel that it was under the discriminatory laws of Texas. I realize that Tx is an at will state, but due to the circumstances that surround my termination, i felt that legal advise would be beneficial in my case


fired in texas

 

[JETX]

What "discriminatory laws of Texas" are you referring to????

We (Texas) do NOT have any 'special' state discimination laws, only those as provided by the Federal government through the EEOC.

"The U.S. Equal Employment Opportunity Commission (EEOC) was established by Title VII of the Civil Rights Act of 1964 and began operating on July 2, 1965. The EEOC enforces the principal federal statutes prohibiting employment discrimination, including:

- Title VII of the Civil Rights Act of 1964, as amended, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin;
- the Age Discrimination in Employment Act of 1967, as amended (ADEA), which prohibits employment discrimination against individuals 40 years of age and older;
- the Equal Pay Act of 1963 (EPA), which prohibits discrimination on the basis of gender in compensation for substantially similar work under similar conditions;
- the Title I of the Americans with Disabilities Act of 1990 (ADA), which prohibits employment discrimination on the basis of disability in both the public and private sector, excluding the federal government;
- the Civil Rights Act of 1991, which includes provisions for monetary damages in cases of intentional discrimination and clarifies provisions regarding disparate impact actions; and,
- Section 501 of the Rehabilitation Act of 1973, as amended, which prohibits employment discrimination against federal employees with disabilities."
Source: http://www.eeoc.gov/facts/overview.html

So, which of the ABOVE do you feel applies to your situation?

 

[texas3]

My situation is so complicated, and from my own personal point of view, i know i was discriminated against as far as race. I have researched on cases simular to my own and have found that, given my circumstances, it would probably be difficult to establish a legitemate case against this employer, unless former employees were willing to testifi on my behalf. The fact is i was discriminated against under the (Civil Rights act of 1964). Proving this fact; i know will be a whole different story..

Thank you for your information

fired in texas