discriminated but at will employer

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toughluckworker

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I was working for a company where supervisor 1 was really good to me. He was there for my initial hiring and he was helping me to get my Class B drivers license because I was hired on to become a driver for the company. while working there supervisor 1 allowed me to take my test and I passed and then he was eventually going to set up my driving test. Well few months went by and supervisor 1 was training supervisor 2 on how to do the job in the warehouse. After supervisor 2 learned how to do the work supervisor 1 was terminated. Supervisor 2 is the owners son. Supervisor 2 did not give me a good feeling as liking me much at all. I was held back from driving trucks anymore and when I had asked him if he could set up my driving test he just kept telling me "yeah when I get a chance". I eventually had a 90 day review in which the general manager and supervisor 2 were present. Supervisor 2 was stating out that he felt that I needed to improve where as the General Manager said to him that he was new to supervising and should look at facts more correctly. In the end the General Manager had told me I was doing a great job and to keep up the work. So a couple of months went by and I have been doing good work and following orders. One of our employee drivers had told supervisor 2 that he was going to quit. I thought this would be a good opportunity for me to ask him for the driving test again. He said again that "yeah as soon as I get a chance". A few days later they hired another driver to take over for the one that had left. I was the only Filipino working in the warehouse and all others were white especially the new employee. well one day supervisor 2 tells me and another employee to hand load some material into a trailer to get it ready for delivery. I had asked supervisor 2 if me and the other employee could use the forklift to bring the material closer to the trailer to load it in and he told me YES but be careful. I had asked the other employee to grab the material with the forklift. He was not watching what he was doing and ended up damaging the material. Supervisor 2 went into the office and then came out telling us to find out how much was damaged. We put the damaged material onto a pallet and worked the rest of the day. After I was about to punch out to go home, supervisor 2 asked me to come into the office. He proceeded to tell me that I was being terminated. I asked why and he said because it was my idea. I had asked what would happen to the other employee and he said that he was going to recieve a write up. I told him I disagree with the decision and he had me sign the termination slip. I put down that yes it was my idea but i did not damage the material. Do I have a case against them if they are an at will employer? Even with a procedure for termination in the employee handbook? I have never recieved any write ups and the other employee has. Im curious.
 
Q: Do I have a case against them if they are an at will employer?

A: A case for what?
 
No rehire

I had left a company on good terms. My girlfriend is still employed. She had told me that the company was hiring again for 2 people in the position that I had left. Since I was laid off from the job that I took upon leaving them I decided to reapply. I know the HR lady that is in charge and I had sent her emails and had left messages by phone asking her if I could get an interview. Well she sent me an email stating they had not yet started interviewing. My girlfriend told me that they were doing interviews. So I waited a week which the HR lady told me to do and I tried to call back again. I had to leave another message by phone. Then I had sent an email to her again stating I would like to set up an interview. Well couple days later I recieve a letter stating that they had filled the position with a more qualified candidate when I had been doing that type of work for them before I left for over a year. Then to be told by my girlfriend that they had not filled the position at all. What should I do?
 
Q: What should I do?

A: Keep looking for a job.
 
You have obviously been discriminated against.

But I do not see anything illegal in your post.
 
Ok well since I got confirmation from someone that they see I was discriminated against. I had contacted the eeoc on this matter and they had approved of it and are accepting my claim. I had contacted a lawyer on this matter as well and they see a possible claim as well. I am wondering if I should let eeoc handle this which they told me could take up to 10 months for them to do anything because they are overloaded with taking care of current claims. The lawyer I am suppose to work with says that I don't need to get the right to sue letter from the eeoc for him to proceed. What choice should I go with? EEOC which will take forever and I am not in a great situation right now, or go with the lawyer who will handle it now?
 
They have no obligation at all to interview you or rehire you.
 
Agree with the majority. There are no laws granting you rehire rights or even the right to an interview; it is up to the employer whether they want to rehire you or not.

Don't take it personally. There could be any number of reasons why they are not looking at rehires.
 
eeoc right to sue

Ok I have a case open with the eeoc against a previous employee. I have also retained a lawyer to work on the case of discrimination as well. I have asked my lawyer if he needs the right to sue letter to proceed against my previous employer. He says he does not need the letter. Does anyone know if I should go with my lawyer or wait for eeoc to handle the case? The eeoc had told me they may not be able to do anything right away due to a very large number of cases they are currently working on that it could take up to 10 months for them to start working on it. Anyone know if waiting for the eeoc would be the best thing or should i just pay my attorney to continue?
 
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