Do I have a legitimate lawsuit on my hands?
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Do I have a legitimate lawsuit on my hands?
I was fired from my job yesterday for something that someone “said” that I did. I tried to explain that I did not do anything. My boss wouldn’t listen to me and just told me not to let the door hit me on the way out. He also had made racial comments to me in the workplace on many occasions before this happened.
Asked on October 1, 2011 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Two very different issues:
1) Can you be fired because of something someone "said" you did, even if you explain that you did not? Yes, if you have no employment contract. Without a contract, you are an employee at will, and may be fired at any time, for any reason, even unfair or incorrect ones, and your employer does not need to give you a chance to defend yourself.
2) However, the law prohibits discriminating against or harassing someone at work on the basis of race. Making racial comments to or about you could constitute racial discrimination or harassment, especially if those racial attitudes then fed into your firing. From what you write, you have have a claim on this basis, and should consult with an employment law attorney.
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