Legal Question in Employment Law in Maryland

Discrimination and wrongful termination

At the begining of June I recieved a verbal warning for 3 notes that I posted regarding the way things are supposed to be filed. The notes basically stated that files are kept in numerical order and that is 1,2,3,4 if you have any questions let me know. My supervisor told me that she did want to give me the warning and that the director told her it was to be done. My supervisor informed me according to HR policy that the warning would not goto HR because it was a verbal. I was asked to put my comments on the form, I replied in writing with, ''This is a complete joke and a direct threat to either have me terminated or quit.'' At the end an investigation was underway about some porn sites being accessed at work, I was never ask but another employee was asked and he admitted to viewing the sites but was warned by HR that he did not have to admit because there was no proof. He recieved a written warning. One week later I was terminated for insobordination for the comments that were made on my verbal warning. This is the only disciplinary action ever at any employer. Two months proir I recieved an outstanding evaluation. I am gay and the other guy is not. Company policy is verbal, written, suspension, then fired. What do I do?


Asked on 7/19/04, 6:11 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: Discrimination and wrongful termination

If you truly believe that you were discriminated against due to your sexual orientation, then file a complaint with either the EEOC or the county human rights office where you worked. (You can find both online.) File under both federal anti-discrimination law and state law. It is free to file.

But be sure to review the situation honestly with yourself. Your comment on the form seems to be the type made by an employee who takes an insubordinate tone rather than playing within the rules. If that is the case, then you probably were fired for being difficult, rather than for being gay. The employer can do that. (The disciplinary policy probably also says that the employer can skip steps or ignore the steps in appropriate situations. However, if they have never done that except in your case, that could be evidence of discrimination as well.)

If you file the complaint, it will be investigated and the agency will determine if there is evidence of discrimination which is prohibited by law, or if the employer acted legally. If the former, the agency will try to get a settlement for you. After the investigation, you can sue in federal court if you are not satisfied with the result.

You don't need an attorney to file the claim, but you would need one later if you go to court.

In the meantime, look for another job. Hopefully you will find something much better. (And take a lesson from this situation. In the future, if you disagree with your employer, do so diplomatically and respectfully, the same way you would want to be treated. Comments like "this is a joke . . ." often end in termination.)

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.

Read more
Answered on 7/19/04, 7:42 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Maryland