I was fired on my job at bareburger for "unsatisfactory work performance"... I came in on time, do all of the things, such as make "burger patties on the fly, meaning right now, and 5 minutes later it was done... ONE time I was written up for not making it correctly, and I signed it, making sure it wont happen again... but the bottom line, the underlying explanation for my termination was discrimination against me, for I am Asian, not Hispanic, and most of all my coworkers were all Spanish speaking, and I could not comply, understand and respond to them in a way that I could do so... I just believe that I was not terminated because of "unsatisfactory work" but discriminated at... I was just wondering if I can file a claim against them for terminating me.. by the way I was only getting $10 per hour...
If it was voiced to you that the motivation for terminating you was that you were Asian, or not Hispanic, then this is certainly improper and you likely have a claim relating to your termination. You should contact a local employment attorney immediately.
This answer does not constitute formal legal advice and you should contact this or another attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and Federal law and should not be relied upon in any way in any other jurisdiction.
If you feel the fact that you are Asian was the reason you were terminated, you certainly may have a case for discrimination. You need to speak with an employment attorney in your area.
Depending on the amount of damages, and you financial situation, if you cannot work out a retainer agreement with an attorney, you can still file with the New York State Division of Human Rights (within 180 days) or the EEOC within 300 days). Good luck.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
If you cannot find an attorney, you can file a complaint with the NYC Commission on Human Rights. http://www.nyc.gov/html/cchr/html/complaint/filing-complaint.shtml
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