Legal Question in Employment Law in Arizona

My ex-boss told me, right after he thought he' talked me into becoming an independent rep, " I will never hire a causcasian again, never. Then he said , " Now how am I going to get rid of name of white male employee and name of to other white male employee. . A month later after I had rejected his offfer (25,000.00 yr cut in pay) he fired me. And had a man of his race replacing me. He has stood in the middle of the office literally pounding on his chest saying "White males have a feeling of entitledment. Whites think That they deserve a high pay just because they are white males. They dont want to work..etc.." He has taken pictures of our crew on fliers and replace the picture with men and a woman of his race who dont even work for the company. He was always saying.. well in my country this is how its done. etc.. Do I have any recourse?


Asked on 5/24/10, 11:34 am

1 Answer from Attorneys
Blake Simms W. Blake Simms, P.C.

Thank you for the inquiry. It is possible you have against your former employer a claim under Title VII for race discrimination. Whether you are going to have a claim is going to depend on whether, when you became an independent representative, you remained an actual employee of the company. If the company continued to withhold from your paychecks amounts for social security, Medicare, etc., you were still an employee. If you were working pursuant to a 1099 agreement, you were not an employee and would not have protection under Title VII.

You should, as soon as possible, consult with an experienced employment law attorney. If you like, I am available to speak with you. Thank you.

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Answered on 5/25/10, 11:11 am


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