Legal Question in Discrimination Law in California

race discrimination

I was recently terminated fom my job for misconduct towards an employee. I was the only black person involved but I am a Manger. Before I got to that office There was some horse playing going on called goosing each other guys only and I got involved and was terminated on the spot which i was only keeping a good report with my employees .

Do you feel that I should have been terminated for that and everyone else involved recieved nothing not even a slap on the wrist.


Asked on 12/14/05, 7:37 pm

2 Answers from Attorneys

Patrick Turner Patrick E. Turner Inc. APLC

Re: race discrimination

For this to be a race discrimination and wrongful termination case, you must first establish that the reason why the employer fired you but not the others is because of your race. Perhaps the employer's prior history of disciplining employees may suggest the more discriminatory application of its disciplinary measures. Perhaps they were other white managers who engaged in the same type of behavior, but were not fired, like you were.

Where an employer treats two otherwise similarly situated employees differently, the question of possible discriminatory motive arises. Most likely, the employer will argue that because you're a manager you are required to set an example and are held to a higher standard. It may be worth your while to consult with an employee rights attorney in your local area for more detailed evaluation of your situation.

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Answered on 12/21/05, 4:56 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: race discrimination

If you were the manager, you were supposed to set an example. Obviously, you were hired with the company knowing of your race. There's likely a presumption in that case that you weren't terminated for racial reasons. As far as the reasons the other folks weren't disciplined, I don't know. Horseplay has no place in the workplace (except if you're a football player). I hope you'll be able to find another job in short order.

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Answered on 12/21/05, 3:07 pm


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