Legal Question in Discrimination Law in Florida

Re: Can you be fired for not Fitting In?

The answer to your question is yes, you can be fired for not fitting in, because by itself that is not race discrimination. The real question is whether the "reason" is actually pretext for discrimination. Bear in mind that they hired you to begin with, so obviously they are not out and out racists.

In any case, if you want to pursue it, you can do two things withut having to hire an attorney. If you want, you can contact the employer and ask what they mean when they say "you didn't fit in." Do not write at length. Just say you are disappointed that you were discharged after believing the patients were happy with you and would like to know why you didn't fit in and what you can do to improve. If you get an answer and it is satisfactory, then you can just move on and hopefully find something better. (If you can email, do that. That way you are more likely to get a written response and thus have proof of what was said.)

If they don't answer, or if the answer is unsatisfactory, you can file a charge for free with the local office of the EEOC (look them up online or in the phonebook). They will take your info and investigate and find out if the employer has what is called a "legitimate, non-discriminatory reason" for discharging you, such as performance issues. If so, you will have to prove pretext - that the reason is false - which is difficult. One way is to show that non-black employees in your same job did the same things you allegedly did when you "didn't fit in", but were not fired. You have to show that anyway to make out your basic case. The elements of your case that you must prove are that you are in a protected category (African American), suffered adverse action (the discharge), and were treated differently than similarly situated people. That means people that were in the same job and worked in the same department for the same supervisor. (If there are none, you can still show discrimination but it is much harder.)

It is tough to win these cases, but it may be worth pursuing since it is free and you might get some idea of what the problem was.

If you feel you need an attorney (who can help you contact the employer and file the claim), I handle such matters for a small retainer fee and a contingency fee should any recovery be made. You can contact me via email.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.