Legal Question in Employment Law in Illinois

I am an african american male and have been with my current employer for about 5 weeks. There is an initial 16 training phase for the job. I was suspended pending termination by my job for tardiness. One of the three tardies counted against me was during training and a result of a mistake on the schedule given to me at orientation. About half of the class was late because of the mistake and we were all counted late. I talked to other trainees (caucasian) that were late because of the typo on the schedule and some of them said their respective managers had torn up their write ups. Mine however was counted against me and eventually contributed to my being suspended pending termination. Is there a possible case for wrongful termination or discrimination?

Asked on 11/11/13, 7:07 pm

1 Answer from Attorneys

Chen Kasher Chen Kasher

To file a lawsuit for wrongful termination or discrimination, you need to suffer an adverse employment action. Mere suspension is probably not enough.

Additionally, it sounds like you have other reasons to be terminated, like the other two tardies. So even if you do file suit, they could argue that you were terminated for performance reasons.

If you feel strongly that discrimination based on race occurred here, speak to a lawyer about filing a charge with the EEOC or IDHR today. There are strict time limits to do so.

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Answered on 11/17/13, 6:25 am

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