Can I file a discrimination claim and be able to get my job back?
I was fired on January 5 2016 after violating a company policy (while on non working hours on my day off). 2 weeks before an employee with same hire date on my same department violated that same policy , He got to keep the job with no repercussions whatsoever, and I was forced to resign or get fired. I feel this was racial discrimination because the only factor that differed in both situations is our race. The "punishments"were decided by the same person.
6 attorney answers
Maybe, but would you really want to go back to work there now? Talk to an employment lawyer ASAP to discuss your case. There are strict timelines for filing complaints like yours in most states.
This communication is general in nature and not to be construed as legal advice or creating an attorney-client relationship. All situations are different and you should meet with and discuss your particular situation with an attorney.
It sounds like you believe discrimination was the real reason you were terminated and that the policy violation was just a pretext. It sounds like you may have a legitimate case. The first thing you need to do is file a complaint with either the EEOC or the civil rights division of the Arizona Attorney General's Office.
I am sorry to learn of this situation.
Arizona is an employment at-will state which means an employee having no specified term of employment can be terminated at any time, with or without a reason.
If you feel your termination is unjust is I encourage you to file for unemployment benefits and request a hearing – if your employer asserts your termination was justified - to determine if you may qualify for benefits. This process will flesh out any valid claims you may have for any further action.
You can begin your application for benefits at this site https://extranet.azdes.gov/ders/ea/uiclaims/
Depending on the response of your employer, or lack thereof, you may need to contact an experienced attorney their assistance with a hearing and to discuss any potential claim you may have. If you need help locating attorneys to consult, please contact me and I will give you some options - my numbers and information are available on this site.
Attorneys who practice this type of law all offer free consultations so it will cost you nothing to talk plus they work on a contingency fee basis so you pay nothing to have them fight for you.
I wish you the best of luck.
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If you could post a fact or two with respect the the racial discrimination, that would be helpful to us. We can't recommend specific lawyers in this forum, but you can use the lawyer finder tool to find one close to your home.
When you feel that there has been a racial discrimination at work, you can file a claim with both the Arizona Civil Rights Division (State) and the EEOC (Federal). These agencies will conduct an investigation and provide a preliminary determination of whether you were discriminated against. At that time, you will be provided a "right to sue" letter which means you can proceed to court. You can seek out the assistance of an attorney to help you with this claim.
Our firm accepts Avvo clients; however, this post should not be construed to provide legal advice and does not create an attorney-client relationship with any reader. If you have further questions regarding your legal matter, you should contact an attorney. Feel free to visit www.udallshumway.com.