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I wanted to know if this sounds like a wrongful termination, discrimination, or nothing. I am the only Afican American cashier.: i was terminated from a h job because of what my employers say, wasn't a good fit for the company which is strange because i was never written up, i never got a complaint. But a few minutes after getting getting fired my coworker called me and told me that it was really about some money that came up missing. She said they told her that they saw me on surveillance camera and i was leaving one store going into another. And also a money box came up missing from the store i was working at but I'm guessing they can tell from the surveillance cameras that i wouldn't have been able to fit a cash box into my purse. In a nutshell they terminated my employment for not being a good fit, but turned around and told my co workers that i was fired because of the money that came up missing.

Asked over 2 years ago in Employment

Jeremy’s answer: You have several issues to consider, including: unemployment, discrimination, defamation, and criminal defense. You should talk to an attorney particularly about the timing of the different legal actions. Some discrimination claims have later deadlines than others. So sometimes it makes sense to try to secure unemployment first before filing a discrimination claim. On the other hand, if you miss a crucial deadline, then you may be out of luck completely. While I cannot advise you on the specific case based on the limited information above, here is some analysis of potential issues that can arise in situations like this.

Unemployment: The employer seems to be indicating it does not want to fight unemployment because it did not cite you for misconduct. However, their story could change from what they told you. That is one reason you may want to file unemployment immediately and avoid putting them in a fighting mood (with a discrimination or defamation claim) until after they waive their right to contest your unemployment.

Defamation: An employer generally cannot spread baseless falsehoods to staff about a former employee. However, an attorney can provide guidance as to whether it’s worth suing for slander given the difficulty you may face in seeking a large money award, among other issues.

Criminal: In a situation like this, it’s also possible that the employer could file a retaliatory criminal or civil charge for allegedly stealing company money and property. How likely that is, along with other issues, is something to discuss with an attorney.

Discrimination: It is not clear that you think there is any here. Generally an employer is free to fire you even if it makes an error in judgment about what you did. You indicate that you believe there may be race discrimination at work, but you should tell an attorney any facts that lead you to believe this. It could be that the employer was unduly suspicious of you because you are African-American, but I imagine there is more to the story than you could fit above.

Answered over 2 years ago.

Do I need an employment attorney?: I was laid off from my work place on 12/2/14 and was given paperwork to sign and send back in order to receive my severance package. I signed and promptly sent back and still have not received payment. I have made several calls over the weeks only to be told it should be by the end of the week. This has been going on for 6 weeks. The last statement I received was, "I don't know, it's with payroll. Hopefully by the end of the week", which was last week. How do I resolve this?

Asked over 2 years ago in Employment

Jeremy’s answer: You may have a claim for breach of contract. But you must decide how aggressive you want to be in getting quick payment.

The severance agreement is likely a legal contract—especially if you agreed to give up any legal rights in exchange for payment. By signing and submitting the agreement, you have performed your side of the contract. Now it is the employer’s turn.

If the severance agreement does not say how long the employer has to pay, then the law will generally require payment within a “reasonable time.” Here, there seems to be no reasonable explanation for the delay. As a result, you may consider hiring an attorney to enforce your rights.

You probably will not get attorney’s fees back in a straight contract case. But you may find it affordable and worthwhile for an attorney to write a "lawyer letter" to the employer making it clear that they are in breach of the contract and that litigation is an option.

Answered over 2 years ago.

Can I sue my former employer for terminating me?: I was walking to work, a local restaurant, as I always do, but today it was raining, so a police officer pulled over, asked me if I was ok and for my ID, I didn't want to refuse so I gave it right to him, turns out I had a warrant for a different state and was arrested. I instantly called my work and informed them of my mishap, they seemed fine just wanted me to keep them updated. I called my girlfriend so she can figure out what is going on. She learned after me being in jail for three days that it was a warrant that has already been taken care of years ago, the county issued the warrant, received payment and never applied the payment to the warrant. I was immediately released, called work, and they said "They cannot employee anyone with a record", I was fired. I am currently collecting.

Asked over 2 years ago in Employment

Jeremy’s answer: Particularly if you are a minority, you might have a claim for discrimination. Government anti-discrimination lawyers at the U.S. EEOC have held that a blanket ban on employees with criminal history is discriminatory and illegal. The EEOC believes such bans are generally unnecessary and disproportionately harm minorities. And, as the EEOC sees it, arrests without convictions generally should not be considered at all. You are likely best off if you contact a lawyer and provide all the details.

Note. This won't apply to your case because the law is not in effect yet, but: Starting in March 2015, NJ law will generally prohibit employers from denying jobs to some people with criminal histories, including people who were arrested, but not convicted. A blanket ban on anyone who has ever had an arrest warrant would seem to violate the law. However, one would not have a right to sue under this law; the state government must prosecute a case on your behalf against the restaurant. Pennsylvania already has a similar law barring employers from considering job applicants' irrelevant criminal history

Answered over 2 years ago.