Legal Question in Employment Law in Georgia

I was terminated from work for a customet complaint about my "lack of excitment". Company policy says a verbal warning, suspension followed by termination for any/every offense. A similar situation happened a couple of months ago and the girls were written up and one suspended. But me, being a different race, was fired. Is this grounds for wrongful termination?


Asked on 11/17/11, 6:25 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Of course it is not "wrongful termination" to terminate someone of a different race. There may be a case if a person was fired BECAUSE of racial discrimination. All facts are considered. We know the story and "facts" were quite different in yesterday's post.

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Answered on 11/17/11, 6:40 pm
Lisa Golan Lisa B. Golan, Attorney at Law

If you have reason to believe that your race was a motivating factor in your treatment, you may have a claim for race discrimination under Title VII or 42 U.S.C. 1981. Evidence that may support such a claim includes:

1) racial remarks made by or in the presence of your managers,

2) different treatment of employees of another race under similar circumstances,

3) violations of employer practices or policies in how you (or others of your race) were treated.

In order to pursue claims of race discrimination under Title VII, you must file a charge of discrimination with the Equal Employment Opportunity Commission within 180 days after you learned that you were to be fired. You need not file with the EEOC to assert a Complaint under 42 U.S.C. 1981.

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Answered on 11/18/11, 6:57 am


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