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Robin Wims
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Administrator

I was terminated after relocating and giving 200% to the job. I had never been disciplined or counseled. I was advise to file discrimination suit off the record by the person who terminated me as well as the HR person. Any suggestions?

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over 9 years ago
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douglas gatlin
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Grain at Frontier Ag Inc

TAKE THERE ASSES TO COURT AND SUIT THEM

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Timothy Dalessandro
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Driver at None

Yes,file a suit..get an L AND I lawyer who works on a contingency

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Nichol Naseem
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Lead Administrative Support Specialist

This is so discouraging. I just got married and looking to relocate. I too am in an at will state. Find out what your rights are. I would start at the legal aid society. Best of look to you.

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Nolan Snell
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Recovering Lower Back Injury Spine Surgery 3 2016 Present at Hughes Research Lab

Under "Right to Work" you can be terminated anytime for no reason. Did they give you a notice of separation, which lays out why you were let go?

To file a discrimination suiit you have to demonstrate your being let go violated some protected class. So do you know WHY you were let go? or at least the reasons they gave?

It's incredible the HR and the person letting you go would advise you to file a suit- yet you have nothing in writing? Whatever Google EEOC to find out how to go about it.

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Battaglia, Stephanie
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The other point is it takes money to sue. We don't have insurance to protect us. That is why they know we will eventually fade away.

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Battaglia, Stephanie
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Robin, I was given the right to sue my ex-employer by the DFEH. They sent out my initial complaint with the charges. They received a response without fully complying with the request, but of course denying my claims. I was involved in a workman's compensation claim also. When the DFEH sent me a letter stating all investigations would be halted until I signed the medical release forms. I knew this case would be for public record, and if I didn't need my medical history out there, her job was to investigate my claims for retaliation, my attorney was handling the other case. I supplied Ms. Hernandez, the DFEH all the reports pertaining to the case and waited one full year to hear that they were closing my case, giving me the right to sue, which they had given me 3 months into it. When I finally spoke to my investigators supervisor, she said where do you fit in the criteria I said age. She said everyone uses age! Ha do you believe that. With doctors evaluations and being on disability, for a year they did none of the investigating. Hopefully your a person of color, if not, if your white forget it. Like the others persons who commented the at will employment agreement, has left us without rights. You see this at will agreement was created in connection with removing Woman from the discrimination category of being considered a minority. Why would we need this protection if they were going to pay us the same? Well you see we still don't receive equal pay. I don't ever remember voting for an at will agreement either. Also, it is mandatory when being hired. So if you don't sign you will not be hired. I believe with was slipped thru legislation. This really shows the evil in this world. Where I live people are thrown out without being accountable. My daughter worked for one startup and just before she had enough time vested in the company she was terminated without any stock. The only way we can do anything is to get rid of the at will employment agreement. We all have to stand together to get this done. I received a settlement in my workman's compensation case, but my ex-employers controller, who was named as one of the persons in my claim, made sure to black list me. This conversation was off the record, to a potential employer and so they wouldn't hire me. The process is long and Ms. Hernandez of the DFEH, once I explained if I was also pursuing workman's compensation claim, did nothing for me. My ex manager was removed from her position at the same time I was terminated. Her file was so fat with claims of her abuse, and they protected her. She was in my computer with me every day watching every move I made. Slowing my computer making it freeze and when I asked the IT department to tell me how many times did I send them a request about a problem with my computer, they told me they weren't allowed to give me that information. I said that's okay I will check my outgoing emails. Her interference with my work was in direct violation of there fake policy. As I said if we don't get this garbage "at will" policy removed we will all fail in our pursuits.

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As you can tell, your case may be difficult. Consider the exact opposite. Use your current energy to quantify everything you did there, building current examples of your acumen.

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Mike Corso
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Building a Community for People with Disability

Hi Robin, sorry to hear that. What reason did they give to you? Did they fire you for cause? Are you contracted and have stipulations? Before you seek out an attorney, I would contact your state's labor board and find out your rights. Any law suit against an employer will set you up to a difficult time getting another job. If an potential employer does any kind of back ground check and finds that law suit, they may not hire you. Make sure you have a case before you sue. Good luck!

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Robert Nakai
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Contractor at Northhighland Co

First do not rely on the advice of the manager or HR They will not be a part of the filing. Second, take an honest assessment of the reason for termination and make sure you can demonstrate discrimination (of what, age, sex, race?) and whether or not you can objectively make a case. The case cannot be that you were the only one terminated. Find real objective reasons and avoid 'worked 200%". Quantify your achievements against objectives.

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Shirley Pfleider
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Residential Counselor at Devereau Foundation

I'm sorry to hear your were terminated from your employment. What was the reason given for termination? How long were you with the company? Did you receive a letter indicating the reason for termination? Was anyone else terminated who worked in the same position as you did? If you feel you were terminated based on discrimination, you should contact EEOC for counseling and on how to proceed. Good luck in your job search and in filing a complaint of discrimination.

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