Legal Question in Employment Law in Minnesota

Wrongfully Discharged from work with Dicrimination.

Fired from work : when out of country for 4 weeks vaction , while on the way.

Employment History:

My wife 36 years AMerican Women with 2 Kids (Asian Origin) Joined US bank August 11 2011 as Fulltime Employee 70K a year.

Jon O. was manager during that time, Average Rating for her was 3 out of 5

Traivs Bacame Manager in between and he has shown micro management and Racist and Racial activities in between in different situation with Micro Managment , my wife offened couple of time not to take Race and Gender at work personally , since she think he is good friend and 1st time manager he need to learn lot from outside culture and race.

March 2014 my wife asked for 4 weeks vacation to Nepal (which she also mentioned before the join the US bank back in 2011),

US Bank approved vacation from June 11 2014 to July 11 2014. Reporting to US bank on July 14th.

We went Nepal with Kids (5 Family Members).

June 9th Nisha Sent email to Jon O. (VP of the Depatment who is also Travis Boss) in Company email address, because she didn't have access to company email and Travis email adress, saying "because of some issue in Nepal (Kids Health), she will land on July 15th and join the compnay on July 16th.

We landed Miami on July 15th around 4 PM. Called and TXT to Travis stating: " safely landed will be work on tomorrow (July 16th monrning)

Travis sent txt stating : No need to come to work tomorrow (we initially thought he thought we are tired and she can work from home) , how nice of him and US Bank, since they care about the employe who went for quality time with relatives and friends after 3.5 years of hard work.

July 16th morning 6:30 AM Nisha tried to VPN (connect to work form home ) and login to her work. Not able to login and called US Bank Help Desk spend 30 minutes and finally told her all account was locked.

Nisha called Travis 8 AM , Texted : no reply , 11 AM US bank called and told she got teminated because not showed up 2 days. She mentioned she emailed to Jon O stating forward email to Travis and Mary (VP of Dept) and this is her 2 days only.

Same Day US Bank sent mail stating she was absent for 2 days and Terminated from her work with out any benefit.

This case invloves Dicrimination Against :

1. Race : She was only lady working under travis and he always mentioned if he can have only WHite men under him.

He hired 2 other White guys under him from his previous work without Interviewing other Race and Sex.

In couple of incident Jon and Travis used to say my wifes is far better than Other Chinease Ladies in the other group.

And more ...

Travis used to say how hard is it to work with Racial and how much he hated his bosses from Pakisthan, Brazil, Nepal and India , Iran on his previous work, jokingly he used to say if he can have only White you guy in his work.

He used to even hate and make complains and racial work for Project Manager White lady (joyce) and used to say other project manager us gay like figure and used make joke out of him (Mark).

2.Gender : Travis and Jon mentined he hated other Women at the Work on couple of incident in meeting, how unproductive they are becuase of thier family and kids. He used to take explanation each time Nisha has Dr. APpointment since our Daughter Kavya has some medical situation.

3. Religion: We went for Hindu wedding and travis had uses and used to say he hated this long wedding.

4. Unfair act US Bank didn't see loyalty of employee after 3.5 years of service, is there any Warning before since Nisha was awarded some gift just a month before her Vacation and excited to come back to work.

How come all US Bank employee trust thier employer on their Bad situation, after 3.5 years of Fulltime Service (50+ Hours of work) please track all the Hours she was logged in her computer/Network,

5. Why didn't Jon O forwared email to Mary and Traivs . Did Jon O. read his messsage and comunitaed to Travis (US Bank can tracks all emails/communication between Travis and Jon and Mary) , this seems all Intentional and without any Warnings , this is totall RACE issue.

6. If people goes to cruise , long vacation , anything can happen were all the People from Malasian Airlines already got fired from work , since they have not reported to work. I have always heard since I joined US Bank we are family, if your wife flying from overseas not land on time because of travle issue , you investigate and find out about her OR just file divorse.

This is insane.

--NOTE since most of employee from US Bank knows she is out and called her for her for her injustice after this act from US Bank.


Asked on 7/19/14, 3:27 am

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

FIrst; you should immediately file for Unemployment Benefits , if you have not already done so.

Second, write down all communications you have had with Employer before and after termination, and assemble any writtten communications you had with them ( Emails, Contracts, Employee Handbook etc.)

Third, call or email me for free conference to discuss certain aspects of your potential wrongful termination claim. We may want to pursue EEOC or MN Human Rights Act claims, in addition to MN District Court action.

I am based downtown Minneapolis, but also work in Eden Prairie area and can meet you where convenient, perhaps in Shakopee.

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Answered on 7/19/14, 5:03 am


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