How doI prove wrongful termination?
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How doI prove wrongful termination?
The only thing I did was have lunch with an employee and text messaged employees on a friendly basis. Do we have a claim to file for wrongful termination? I feel that I have been discriminated for my race as I am the only Indian in the organization. Also, there was a previous case against a protected class white male and they kept his employment with the organization.
Asked on March 2, 2011 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should speak with an employment law attorney about your case. To provide some context or information:
There are basically two ways to show discrimination. First, with direct evidence--a smoking gun, if you would. Negative or derogatory comments, emails, etc. are a classic example of this.
Second, if you can show a pattern of discrimination--that ethnic employees, for example, are demonstrably treated differently than white employees. This is more akin to using statistics to draw an inference. If there're few other cases like yours, it may be difficult to show--there may not be enough evidence.
Under the second case or way of showing disrimination, all that does is create a rebuttable presumption of discrimination. The employer can still prevail by showing legitimate business reasons--e.g. that you violated a clear company policy.
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