Do I have a contructive discharge, retaliation, discrimination case?

It is always my opinion that the existence of a claim lies in its details. You would have to provide more regarding the nature of your complaints to HR, as well as other pertinent data, including the racial make up of co-workers, etc. You ought to check the resources offered above by Mr. Harkins as a good starting point. Good luck and act quickly as there are time lines which can bar your claim if not met.

posted by Martin A. Shellist  |  Dec 16, 2009 9:14 PM [EST]

Michelle -

I'm not sure whether you've got enough to make a discrimination claim, but assume you are entitled to unemployment benefits, as the employer has called it a layoff, so you should file for unemployment, however minimal the benefit may be. If the employer challenges your unemployment, saying that you were fired for failing to meet performance standards, do try to get to a Houston attorney to evaluate your case BEFORE the "Appeal Tribunal" stage of the TWC unemployment hearing process starts, as you may have a chance for that attorney to get valuable information on why you, and not the hispanic M and black F weren't similarly disciplined for the unachievable goals set. Though the discrimination claim may be tough, the attorney in Houston that you consult with may be able to evaluate for other claims under state law (though there is no breach of contract claim, there may be promises, either oral or in the employee handbook about work expectations, and about freedom from retaliation (other than the statutory claims based on gender/race/national origin/disability) which might give you additional legal theories you could assert).

The basics of whether there may be discrimination can be found at www.workplacefairness.org. Not all unfair treatment (discrimination in the broadest sense) fits within the statutory bases for discrimination, and reverse discrimination (being anglo, or not having previously filed a discrimination claim) can be a difficult claim factually.

Several good Houston employment lawyers are listed on this website (click on "LAWYERS" at the top of the page, and type in TEXAS to get the full listings) and also at www.telaonline.com and www.nela.org. You can also file a charge of discrimination with the EEOC through filling out a questionnaire on their website, www.eeoc.gov, or by the link on that website to go in to their Houston office. Margie Harris, Andrew Golub and Trang Tran, who are listed on this MEL list and on the other two above, are great lawyers, as are the others you will find on all 3 lists.

posted by Thad Harkins  |  Nov 9, 2009 5:50 PM [EST]