Legal Question in Employment Law in California

Does Equal Opportunity or At Will wins at my case?

Dear Sir or Madam,

I am a western regional manager at U.S. Recently I learned that I will be laid-off due to my company's ''right-sizing.'' However, at the same time, I also learned that the regional director of Mexico will be transferred to my office to take over my position (the Mexico office will be closed). The director of Mexico confessed to me that the person that should have been laid-off was himself,but not me. My questions are:

1. My supervisor and the regional director of Mexico are both Hispanic and non-citizens. Actually two out of five current regional managers are Hispanic. With myself being laid-off, the rate will be 1/2! Shouldn't this be considered as a counter-racial discrimination?

2. I am an US citizen, when it comes to the employeement in US, don't I have more priority over the foreigners?

3. I have more seniority than the regional director of Mexico.

4. I have signed ''At Will'' agreement at the beginning of my employment. Do I have any chance against it? Will the Equal Opportunity Law will work on this case?

Thank you very much for taking your precious time to answer my question.

Sincerely,


Asked on 4/26/02, 1:45 am

1 Answer from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Does Equal Opportunity or At Will wins at my case?

To win an EEOC claim requires a number of things to occur. You essentially have to prove the reason you were fired was pretextual desguising a discriminatory motive. For this you need pretty strong evidence. There is no priority for American nationals over others. At-will means at-will.

Thank you for your inquiry.

Martin

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Answered on 4/26/02, 9:55 pm


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