Discrimination for those who know
I am disappointed in the response that you gave. I said I worked two jobs but my boss never knew. I NEVER came to work tired. One of my co-workers missed over 100 days of work in a 5 month time period with no reprimand so how was I not motivated? She never even had to show a doctor's note.
He said I did not work that is a lie. That is slander.
Maybe I did not give you enough facts. That was just a short synopsis. The white co-worker was favored. She talked on the phone all day and did not do her work and yet he put her in my position. Maybe you've never experienced discrimination so you don't know.
Answers (1)
Your original question was whether a demand letter from an attorney might get you somewhere. I am not black and so I cannot say I've experienced race discrimination in the ways that you have undoubtedly experienced it. However, I have had years of experience representing people in all kinds of discrimination claims. I know how difficult it is to prove discrimination and how pointless it is to write a demand letter when the EEOC didn't find any reason to issue a cause determination. Without some substantial evidence you cannot hope to convince the employer to offer anything in settlement, nor can you hope to convince a judge or a jury that discrimination occurred. The evidence you have may be somewhat persuasive, but the employer will undoubtedly present it in a much different light. I have seen more than one client invest substantial amounts of time and money pursuing a claim of discrimination only to lose at trial or before the case ever gets to trial. If you think it hurts to be the victim of discrimination, try being on the losing end of a jury verdict. Even if you could afford to pursue a lawsuit, I doubt that I would encourage you to do so unless you can find something more than you have. You might ask the EEOC for a copy of its file to see what reason your employer gave for the decision to let you go.
As for the slander claim, you might try asking the person at the temp agency to put in writing what he said about you. That is the only practical way to evaluate whether the statement was really slander or merely a negative opinion of you. Of course, you probably won't be able to get such a statement, which means the only way you can find out what he actually said will be to file a lawsuit and take depositions of him and the person he made the statement to. If it turns out not to be slander, you lose. Are you beginning to understand why lawyers aren't lining up for the opportunity to take your case?
There are a number of reference checking services that will conduct a reference check for you. They charge about $75 to $100 for this service. Sometimes they get defamatory statements from employers, and their reports can lead to a settlement or become the basis for a lawsuit.
You can google reference check and find more info on line.
posted by Francis Fanning | Apr 27, 2004 8:28 PM [EST]
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