If I was terminated on the basis if my race, is that wrongful termination?
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If I was terminated on the basis if my race, is that wrongful termination?
I a black female manager was accused of verbally threatening a white male employee. I was terminated after investigation “witness” confirmed. With no entitlement to argue. In a similar situation a white female manager was accused of putting her hands over the mouth of a black female employee and after investigation the allegations were confirmed. However the manager was not discharged from her employment. I believe that as her admitted action was physical and my alleged action was verbal that my punishment was unjustly severe in comparison.
Asked on September 13, 2011 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Two different issues:
1) Must a company generally treat employees the same in discipline? No--not unless there was a contract, retaliation for filing a protected claim, or illegal discrimination (see below). So the fact that you were treated more harshly would be allowed--even if you were treated more harshly for an oral affront than a physical one--if there was no discrimination.
2) As you are aware, racial discrimination--so treating one employee differently than another on the basis of her race--is illegal. From what you write, you may have suffered racial discrimination, since you were treated more harshly than a white manager and also the company seems to have tolerated a white employee physically assaulting (any unwanted touching is assault) an African American employee. From what you write, it would be worth your time to consult with employment law attorney, who can evaluate your situation in detail and let you know about the strength and value of your case. You have described set of facts that makes it worthwhile to meet with an attorney. Good luck.
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