Legal Question in Employment Law in Texas

I was fired today due to something that a co-worker told HR that I said, he has always had a problem with me because of his culture. He has made comments before about how he doesnt like women in power or homosexuals. He has always had a bitter attitude towards me because I am both of those things. He claimed I called him "A muslim terrorist" and "A sand-nigger" which I did neither when HR asked me if I had called him these I said no but admitted to calling someone an "ask-hole" before but that was it. I have many people who know i never did or would have said that. thank you for your help.

Asked on 6/22/15, 9:30 am

1 Answer from Attorneys

I am an employee-side employment lawyer who does a lot of work in employment discrimination but I do not disagree with the decision by HR. An employee alleged racist comments were made by a superior. HR had a duty to investigate and upon talking to you, your response was to call him a liar because of his culture. If I were in that HR investigator's shoes and heard that I would not feel confident you did not say those things. If your explanation for why this employee is a liar is due to his culture and that is what you are willing to say to HR then it isn't unreasonable to believe you said more inflammatory and discriminatory comments to the employee. I am not saying I believe you said what was alleged by the employee, only that the HR investigator's conclusion would not be unreasonable under the circumstances.

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Answered on 6/24/15, 2:50 pm

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