Suing my former employer for discrimination

Page 1 of 1 [ 10 posts ] 

Chris71186
Yellow-bellied Woodpecker
Yellow-bellied Woodpecker

User avatar

Joined: 3 May 2011
Age: 34
Gender: Male
Posts: 66
Location: North Dakota

24 May 2015, 9:48 am

just wondering what people's thoughts are on this, if you have ever had this happen, if you won/lost, and if you think I have a shot of winning. Personal stories above personal opinions please, however I welcome both.

So here's the situation [and I won't go into extensive detail considering the sensitivity and confidentiality of the situation.]

I applied for a position last year that I am more than qualified for and able to perform. The employer offered training in the areas I lacked and also offered future pay raises based upon my ability to perform the job. 3 weeks into the job he pulled me into his office and asked if I was ever diagnosed with anything [a big no-no in the employment world]. I said "yes I was diagnosed with aspurgers". After that he stopped training me, gave me an unofficial demotion [he changed my job duties and referred to me in a different title than the position I applied for], and denied me the promised pay raises.

I currently have a claim going with the EEOC and they have decided to do an extensive investigation. The employer should be receiving the notice right about now :P



The things I currently have against me though are there seems to be no written proof that he ever treated me this way [how could there be?], he could openly lie [even though it's penalty of perjury] and get away with it. I'm sure the EEOC has ways of deducing truth as I'm sure he wouldn't dare do that.


thoughts? Opinions? Quotes? Rants? Raves? Stories? Jokes? ... ect?



screen_name
Veteran
Veteran

User avatar

Joined: 1 Oct 2013
Age: 38
Gender: Female
Posts: 1,315

24 May 2015, 10:05 am

Hopefully some kind of proof can be found. Without it, it will be very hard to win.

What he did was very not cool.


_________________
So you know who just said that:
I am female, I am married
I have two children (one AS and one NT)
I have been diagnosed with Aspergers and MERLD
I have significant chronic medical conditions as well


MollyTroubletail
Veteran
Veteran

User avatar

Joined: 21 Oct 2010
Age: 51
Gender: Female
Posts: 1,185
Location: Canada

24 May 2015, 10:14 am

After I sued for hostile work environment and workplace harassment, my small company employer decided to settle out of court for the maximum amount I would be entitled to by law. However they already knew that I had reams of evidence which I had been collecting. I think they found it cheaper to pay me to shut up and leave than to drag such a case through court.

I think they may have privately consulted a lawyer who told them to try to settle the matter out of court. I was happy with this because I didn't look forward to fighting a court case either.



Chris71186
Yellow-bellied Woodpecker
Yellow-bellied Woodpecker

User avatar

Joined: 3 May 2011
Age: 34
Gender: Male
Posts: 66
Location: North Dakota

24 May 2015, 11:04 am

screen_name wrote:
Hopefully some kind of proof can be found. Without it, it will be very hard to win.

What he did was very not cool.



there are witnesses and there is his boss whom he deliberately tried to hide this from. [he always treated me different when his boss was on site]. Also before anyone asks, yes I did talk to this guy but he didn't believe me.

There is also the original job title and description which he has to have by law stashed.... somewhere.

I'm not sure what kind of evidence a person could secure for a case like this. It's not like a person can go to the guy and say something to the effect of "could I get that in writing please?"

I have heard it's a good idea to keep a journal, however instead of that I have a very very good memery and wrote a very extensive and detailed report.

We will see how things go from here. It's true there is no written proof that he did this, but there is also no written proof that he didn't do this and the EEOC has to remain neutral.



Chris71186
Yellow-bellied Woodpecker
Yellow-bellied Woodpecker

User avatar

Joined: 3 May 2011
Age: 34
Gender: Male
Posts: 66
Location: North Dakota

24 May 2015, 11:18 am

MollyTroubletail wrote:
After I sued for hostile work environment and workplace harassment, my small company employer decided to settle out of court for the maximum amount I would be entitled to by law. However they already knew that I had reams of evidence which I had been collecting. I think they found it cheaper to pay me to shut up and leave than to drag such a case through court.

I think they may have privately consulted a lawyer who told them to try to settle the matter out of court. I was happy with this because I didn't look forward to fighting a court case either.


what kind of evidence did you have? When I think of evidence of think of paper documents that state "this happened on date at time" ect. I might have more evidence than I realize.

I've never done this before :)



AspieUtah
Veteran
Veteran

User avatar

Joined: 20 Jun 2014
Age: 58
Gender: Male
Posts: 6,118
Location: Brigham City, Utah

24 May 2015, 11:33 am

Chris71186 wrote:
just wondering what people's thoughts are on this....

Have you found a wrongful-termination lawyer yet? Employment law is largely on the side of the employer unless you have evidence that strictly violated law or regulation. If you have witnesses (or others who experienced similar treatment), your lawyer should depose them immediately after filing your complaint and claim.


_________________
Diagnosed in 2015 with ASD Level 1 by the University of Utah Health Care Autism Spectrum Disorder Clinic using the ADOS-2 Module 4 assessment instrument [11/30] -- Screened in 2014 with ASD by using the University of Cambridge Autism Research Centre AQ (Adult) [43/50]; EQ-60 for adults [11/80]; FQ [43/135]; SQ (Adult) [130/150] self-reported screening inventories -- Assessed since 1978 with an estimated IQ [≈145] by several clinicians -- Contact on WrongPlanet.net by private message (PM)


alex
Administrator
Administrator

User avatar

Joined: 13 Jun 2004
Age: 34
Gender: Male
Posts: 10,163
Location: Beverly Hills, CA

24 May 2015, 11:40 am

You should speak with a lawyer. They'd know if the case has merit and would represent you if they think they can make some money on it.


_________________
Follow me on Twitter: http://twitter.com/alexplank

Personal FB: http://fb.me/alexplank1


alex
Administrator
Administrator

User avatar

Joined: 13 Jun 2004
Age: 34
Gender: Male
Posts: 10,163
Location: Beverly Hills, CA

24 May 2015, 11:41 am

You should speak with a lawyer. They'd know if the case has merit and would represent you if they think they can make some money on it.


_________________
Follow me on Twitter: http://twitter.com/alexplank

Personal FB: http://fb.me/alexplank1


alex
Administrator
Administrator

User avatar

Joined: 13 Jun 2004
Age: 34
Gender: Male
Posts: 10,163
Location: Beverly Hills, CA

24 May 2015, 11:42 am

You should speak with a lawyer. They'd know if the case has merit and would represent you if they think they can make some money on it.


_________________
Follow me on Twitter: http://twitter.com/alexplank

Personal FB: http://fb.me/alexplank1


Chris71186
Yellow-bellied Woodpecker
Yellow-bellied Woodpecker

User avatar

Joined: 3 May 2011
Age: 34
Gender: Male
Posts: 66
Location: North Dakota

24 May 2015, 11:45 am

alex wrote:
You should speak with a lawyer. They'd know if the case has merit and would represent you if they think they can make some money on it.


I'd have to receive a right to sue letter first from the EEOC. Plus it's to my best benefit to let them do their work first before I take further steps. If they can find merit for my claim without involving lawyers that would mean no lawyer fees [and they typically charge like over 50%]