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Deceptive Hiring and Discriminatory Termination Practices

Discussion in 'Termination: Firing & Resignation' started by DwightNYC212, Sep 3, 2014.

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  1. DwightNYC212

    DwightNYC212 Law Topic Starter New Member

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    While employed at a large global digital marketing agency in New York City with approximately 1,000+ employees, I was recruited by the owners of a smaller boutique agency, also here in NYC, to work on a very high profile account that I was told that they had just signed a long-term agreement with, and they needed someone with my skills and experience to manage this new piece of business.

    At the new agency I was hired at a starting salary of $95,000 per year, plus full benefits, which was $12, 500 more per year then my previous salary at the larger agency.

    Approximately two months into the job, I learned directly from the new client, while on a conference call with them and my boss, that there was actually no long-term agreement in place and that no final decision had been made on whether we would be their agency of record. The client went on to say that the current agreement was just a temporary one for initial work, and that there were no guarantees in place for more work going forward.

    After that client call ended, my boss seemed very uncomfortable. It was obvious to me that I was not supposed to know that a long-term agreement between the client and the agency had not been signed.

    When I questioned my boss about this new revelation, she avoided the question and took me to lunch and reassured me that we would definitely win the account and that there was nothing to worry about.

    Approximately one month later, the client abruptly announced they would have to delay the launch of the initial work we were currently working on, and that I was managing, for approximately one to two months....with no actual start-up date given.

    One week after the client's announcement, I was called into my boss’ office and told that due to the client delays, they could no longer afford to pay my salary and that my employment was being terminated. I was then offered 2 weeks severance, only if I signed a 7 page separation agreement waiving my rights to take any legal action against the company. I never signed the separation agreement.

    Meanwhile, during my 3 months of employment, 5 new employees with similar responsibilities were hired after my start date to work on other accounts at the agency, and 2 more new hires where scheduled to start in a couple of weeks. My employment was the only one that was terminated.

    What recourse do I have for my former employers lies and deception?

    I was the only African-American male at the company of 25 employees and I was the only one terminated. At no time did my employers state that my employment was contingent on the signing of a long-term agreement with a client. If I had known this information I would have never accepted the opportunity.
     
  2. army judge

    army judge Super Moderator

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    You are free to speak with a couple local employment or employee relations attorneys about this incident.

    Your race is immaterial.

    The employer gave you a small severance package after only being there three months.

    What you discovered is a major reason those in the know won't take jobs with start ups.

    It offers great rewards at very substantial risks.

    You were not mistreated because of your race, and the hiring needs of employers do change.

    You did what many people do, saw grass that was greener, and when you arrived discovered it was no greener than the lawn you formerly stood on; but it still had to be weeded and mowed.

    I wish you success in your job search, and future endeavors.

    You'll come out of this just fine.

    There are no guarantees in this life we live, just risks, troubles, and perils as we traverse our way to glory.
     
  3. DwightNYC212

    DwightNYC212 Law Topic Starter New Member

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    I will contact a couple of local employment or employee relations attorneys, but I think my case is a lot more than an employers hiring needs changing.
     
  4. cbg

    cbg Super Moderator

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    May I just point out, you were African-American when you were hired, as well. If they were going to fire you for that reason after only 3 months, it would have been easier and cheaper not to hire you in the first place.
     
  5. DwightNYC212

    DwightNYC212 Law Topic Starter New Member

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    I think you also missed the point cbg. I was not the last one hired, first one fired. Out of all the individuals that were hired after me and had similar roles and responsibilities, I was the only one terminated. If you hire someone, and then hire 5 others, with 2 more scheduled to start, and suddenly say "Oops" we can't afford to pay you anymore, and then try to cover it up by offering severance, but only if you promise not to sue...then there is something morally wrong with that.
     
  6. army judge

    army judge Super Moderator

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    There are many morally wrong things done everyday.
    Spouses have affairs, a friend lies and says a bad haircut looks great, and people are mean to each other, however, none of that rises to the level of a crime or a tort.
    You have the right to feel the way you feel.
    We all might be thought of as odd if others could see our thoughts and feel our emotions.
    There's nothing illegal, in my in what you describe.
    That said, I am hundreds of miles away from you.
    I did not live the last 90 days the way you did.
    Fair is fair, because if a firm wanted to discriminate discretely, they never would have hired you, as "cbg" pointed out.
    You can't fix anything here, and whether we agree with you, or seem to disagree with you, it means nothing.
    Your redress, and your remedy will be in a NY Supreme Court, or a US Federal District Court, after due process has been played out.
    So, see what some legal authorities say in NYC.
    Then take whatever action you deem appropriate.
    Last point, we dispense our interpretation of a legal dilemma someone outlines.
    We might want to say XYZ, or BOBO, or chicken livers; but if the answer is bacon, that's our honest answer to a person's question.
    I wish you the outcome you desire.
    You see, if you eat a whole apple pie, that won't deprive me of eating two peach cobblers.
    You take care, and may many blessings rain upon you.
     
  7. cbg

    cbg Super Moderator

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    Not everything that is morally wrong is illegal.
     
  8. DwightNYC212

    DwightNYC212 Law Topic Starter New Member

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    Thanks for your replies guys, but I think I will take my case to the court of public opinion. If a company wants to be known as a morally bankrupt one, then I will definitely use my marketing skills to promote them as such. In our social media driven society, word of mouth is king and I have no problem letting their future employees and prospective clients know about the type of individuals these morally bankrupt owners are. This is definitely a bridge worth burning.
     
  9. DwightNYC212

    DwightNYC212 Law Topic Starter New Member

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    And by the way Army Judge, I should have corrected your earlier. This company was not a start-up, but an established agency for over 10 years.
     
  10. disagreeable

    disagreeable Well-Known Member

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    It will certainly do wonders for your re-employability when you sue this company.
     
  11. DwightNYC212

    DwightNYC212 Law Topic Starter New Member

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    Hey disagreeable. Your advice is down right laughable. Are you saying that one should not sue out of fear that it will ruin future employment prospects? I work in a field where my skills are in high demand. In less than a week I already have several interviews setup after posting my resume on just one job board. Thanks for your concern, but my employment prospects are very bright.
     
  12. Betty3

    Betty3 Super Moderator

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    What disagreeable stated is true in many cases though - glad your employment prospects are very bright.
     
  13. DwightNYC212

    DwightNYC212 Law Topic Starter New Member

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    I'm beginning to question the advice being offered up here on this site. Yes, future employment prospects should be a concern if someone decides to sue their former employer, but it should never be a deterrent. I think it's time that more and more employers be put on notice that their actions towards employees really do have consequences.
     
  14. army judge

    army judge Super Moderator

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    Be very careful with what you say about anyone.
    You are free to do anything you choose to do.
    I'm just another nobody on the internet.
    Good luck.
     
  15. cbg

    cbg Super Moderator

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    You missed the point I was making too. But you go ahead and do what you want. You're going to anyway.

    Do us a favor. Before you come back and tell us that you were right and we were wrong and the court ordered them to rehire you at $135,000 a year and guarantee that you couldn't be fired for anything short of murder, please wait long enough to make such a resolution feasible. We still won't believe you, but at least you'll be spared our pointing how many ways we can prove it's a lie.
     
  16. disagreeable

    disagreeable Well-Known Member

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    Apparently it is only your skill that is lacking.


     

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