I was fired from my job by my assistant manager. Mr (x)
Background:
I have faced racial discrimination at my job. When I was made full-time it was said I got it because of my race. Other racist comments have been made. A customer would racially harass me. Other staff members complained to my assistant manager. He asked me if I wanted to take care of it myself. I said yes and didn't do anything. I just wanted to let it go. He didn't report it to HR. The manager who fired me has made racist jokes and I have said something about this to him before.
Incident:
A server came into work to serve me papers in regard to a jointly held debt. I did not want to take the papers. The server figured it was for me and so he started shouting that if I didn't take the papers he was going to get me fired. Then he started using racial slurs. He put his hand up to me and at that point I may or may not have pushed him.
Outcome:
The police were called. The guy said I pushed him. The manager on duty, my supervisor and another staff member, who saw the incident, said they didn't see me push him. The police told the server to leave and that was it. Mr (x) 'investigated'. He asked all the staff members who had been on duty until he found one who said he had seen me push the server. He then fired me.
I called him the next day and tried to explain to him that I had been racially harassed. He said it wasn't a racially motivated incident and quoted the handbook that said no harassment, by anyone, will be tolerated and is grounds for instant dismissal for an employee. Although he had tolerated and perpetrated racial harassment against me in the past. I spoke with HR who said I had to speak with the store general manager when he gets back from vacation.
In the meantime I really need some income. Do I have a valid unemployment claim?
Longer term, do I have a discrimination claim?
Background:
I have faced racial discrimination at my job. When I was made full-time it was said I got it because of my race. Other racist comments have been made. A customer would racially harass me. Other staff members complained to my assistant manager. He asked me if I wanted to take care of it myself. I said yes and didn't do anything. I just wanted to let it go. He didn't report it to HR. The manager who fired me has made racist jokes and I have said something about this to him before.
Incident:
A server came into work to serve me papers in regard to a jointly held debt. I did not want to take the papers. The server figured it was for me and so he started shouting that if I didn't take the papers he was going to get me fired. Then he started using racial slurs. He put his hand up to me and at that point I may or may not have pushed him.
Outcome:
The police were called. The guy said I pushed him. The manager on duty, my supervisor and another staff member, who saw the incident, said they didn't see me push him. The police told the server to leave and that was it. Mr (x) 'investigated'. He asked all the staff members who had been on duty until he found one who said he had seen me push the server. He then fired me.
I called him the next day and tried to explain to him that I had been racially harassed. He said it wasn't a racially motivated incident and quoted the handbook that said no harassment, by anyone, will be tolerated and is grounds for instant dismissal for an employee. Although he had tolerated and perpetrated racial harassment against me in the past. I spoke with HR who said I had to speak with the store general manager when he gets back from vacation.
In the meantime I really need some income. Do I have a valid unemployment claim?
Longer term, do I have a discrimination claim?
