Discriminatory employment discharge ?

Question

My boyfriend was fired about a month ago from his last job. He was not given a clear reason as to why and once we requested the information from their Human Resources they stated that no "term paperwork" had been filed from him from that store.

We are both suspecting that his discharge was racially motivated as 90% of the employees are Caucasian, and although my boyfriend is half Caucasian his appearance could be mistaken otherwise.

Based on the fact that he's had difficulty finding work, and we still haven't been given an explanation we're considering taking legal action. I was also told that they did not have him sign any paperwork at the store the night he was fired. Is this right?

I tried to locate a local Legal Aid office, but our county does not have one, and the Labor Council doesn't really handle that sort of stuff they say.

Any advise? Much thanks.

Answer 1

It's because he's chinese.

Answer 2

You don't say where you live.  The term "Labor Council" makes me think you are not in the US?

If you are in the US, then answers regarding "at will" and the EEOC are relevant.  Outside of the US, not so much.

In the US, generally, "at will" means that they don't have to give you any reason at all.  They don't have to write you up.  They can just say "it's not working out, goodbye".  But if BF filed for unemployment, generally the employment files a response and states the reason the employee was let go.  What did that say?

Yes, even an at will employee may have a claim for wrongful termination if they have been racially discriminated against.  However, just because someone else was hired in place of BF does not prove that BFs firing was unlawful.  And if 10% are non-white and BF was hired in the first place (even after they had a look at him), that is evidence that the employer does not discriminate in its hiring practices.

If BF files an EEOC claim, he needs to state specific proof to back it up.  Sorry, but I don't see any here.

Answer 3

Try the EEOC. Equal Employment Opportunity.... They may be able to help you out.  

Answer 4

If you can't contact a local Legal Aid try and find the nearest one. Complain, complain, complain! Let lots of people know what's going on. Check out and read information regarding discrimination at work.

Answer 5

In most states, they don't NEED a reason to fire someone...

They can say it is because they didn't like the color socks you wore to work and that is 100% legal... They don't have to have a REASON at all...

You are pretty S.O.L. on this one honey...

Just because most of the other employees are white doesn't mean it was based on discrimination.

What was his hire order? Remember the old adage "Last hired, first Fired"? Could it have been that?

The economy has been slowing down and they might have just been unable to keep him... That has been happening all across the country!

I am disheartened to see that you automatically jump to using the "Race Card".

File all the lawsuits you want but unless they did or said something overt about race while he worked there, you don't have a case.

Answer 6

I don't have a great understanding of the labor laws but I believe there has to at least be paperwork the termination that cites cause.

Laws were set up firing just because to avoid potential discrimination problems, among other things.

http://www.dol.gov/dol/topic/discriminat...

Answer 7

Yes, even though there is termination "at will" you do still have rights. Contact the EEOC and make a racial discrimination claim then contact an attny after the claim is made for racial discrimination/wrongful termination. You can contact an attny now but the attny will ask you to make a claim with EEOC anyways so its better to just do it before.  

Answer 8

.   I've been fired more than once.  The thing i read that made me feel better is that 90% of all firings are because the employer or boss "didn't like" the employee.  I realized that my manner irritated them even tho i am a decent guy and showed up on time.  I would never be friends with them after work and they knew that.