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Can I sue for discrimination and hostile working environment?

Minot, ND |

I listed my criminal convictions on a job application and discussed them with my former employer. I was hired. However, when I could not get a work pass for the military base I was told I would be terminated if I did not get it cleared up. After that, I was subject to being called "stupid" and told to "get the f*** in the truck" and "no, you cannot use the bathroom!" To list a few examples... I quit do to the harassment. Other employees supported me and were very angry at the treatment I received. Another employee quit shortly thereafter. Do I have any options? This was a union position and I've lost any chance at a decent retirement, benifits, ect...

I felt forced to quit as not to have being fired held against me in future employment opportunities.

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Attorney answers 1


If you were represented by a union, your union is your recourse to challenge or appeal your termination.

If your employment was contingent on a condition that you could not satisfy, it is unlikely that you have legal grounds for a claim against your employer. This is true even if the contingency was imposed after you were hired, unless you had a contract or a collective bargaining agreement that provides to the contrary. (That would be an unusual provision.)

The harassment that you cite does not appear from your description to be based on protected characteristics, and so it is likely that these allegations do not result in a sound cause of action against the employer.

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