Do I need an employment or labor lawyer?
Atlanta, GA
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Posted about 1 month ago in Discrimination
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I am a black female who has worked at this company for 3 years. No write ups or anything and I do an excellent job. My boss was fired for doing unethical things which didn't involve me 3 weeks ago. I didn't have a boss but I asked HR, and the owners what would become of me. I was told that I was fine and I would still have a job and that there was plenty of work to go around. I get called into HR yesterday and told that my position was being emlinated and that I need to pack up up my stuff. I asked who would be doing my duties and I was told that they hired a white male to do half of my job and the other half of it would be going to a guy who only got hired because his parents are best friends with the owner. I feel descrimated against. Do I have a case?
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Answers (4)L. Maxwell Taylor
This attorney is licensed in California and 1 other state.
Posted about 1 month ago.
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Maybe, maybe not. You indicate you are a black woman and part of your job duties will be fulfilled by a white man and part to the son of the owner's friends. But I don't hear you saying your position was being eliminated on account of your race or your gender. It's illegal to discriminate in employment on the basis of race or gender, to prefer white people over black people or to prefer men over women in making employment decisions. But it's not illegal to hire people whom you can pay less money, or to prefer friends and relatives over acquaintances.
All of which is to say, it's not clear, at least to me, that you are being dismissed because of race or gender issues. And if you want to win when you bring a case of unlawful discrimination, you have to prove "more likely than not" the adverse employment action occurred on account of "race" or "gender." What you describe above doesn't seem to describe clear race or gender discrimination. That's just my opinion and shouldn't be taken as legal advice, since I don't hold Georgia licensure. If you need legal advice, please consult a Georgia lawyer who handles discrimination cases. Good luck in your job search. Paula Jeanette Mcgill
This attorney is licensed in Georgia and 3 other states.
Posted 29 days ago.
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More information is needed to determine if you have a discrimination action.
You may want to go to the EEOC website to read more about race discrimination claims. I've provided a link belos. After you read, if you believe you covered by Title VII, you can either consult with an attorney (of course you can do it before) or file a charge with the EEOC without benefit of counsel. It is better to have an office visit with an attorney before you file the charge. In any event, in your case time is of the essence. Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 28 days ago.
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I agree with Attorney Mcgill and Attorney Taylor that your question provides insufficient information to offer a specific suggestion or observation
Check with a lawyer in your locale to discuss more of the details. I would add.... You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims" http://www.avvo.com/legal-guides/ugc/workplace-discrimination-a-basis-for-wrongful-termination-claims You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. Jeffrey Alan Daxe
This attorney is licensed in Georgia.
Posted 25 days ago.
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Tylical lawyer answer - maybe. One factor would be the size of the company by its number of employees. Other factors would include any additional protected categories you fit into. Finally, the company may have its own rules from the handbook to other policies and procedures it may have an obligation to follow. It doesn't sound like retaliation for whistleblowing - but it could be race/sex discrimination. With companies of more than 15, race and sex become issues addressed by the EEOC - and you are required to file in person with the EEOC (downtown on Alabama Street in the Old Rich's Department Store building) with details at www.eeoc.gov.
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