Discrimination/Severance

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jazzy67

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I was employed with a company for 12 years. My department went thru a reorganization and said that everyone would be retained. Two of the positions mines and one other which was occupied by a Caucasian woman and me a black man (I also have seniority). She was put in a position immediately I was told that once the new Job Description were complete I would transfer to the other position. Friday the 8 Jan I was called to HR and given a severance package effect immediately. I was told that the position that I was supposed to be moved to was now eliminated. I was told there was nowhere to place me. But the day before a job in the department was posted on the jobs board. Do I have any legal complaint? I did not sign the Severance package I have 21 days to do so. All so the company is being sold as of march 1. Need advice
 
jazzy67 said:
I was employed with a company for 12 years. My department went thru a reorganization and said that everyone would be retained. Two of the positions mines and one other which was occupied by a Caucasian woman and me a black man (I also have seniority). She was put in a position immediately I was told that once the new Job Description were complete I would transfer to the other position. Friday the 8 Jan I was called to HR and given a severance package effect immediately. I was told that the position that I was supposed to be moved to was now eliminated. I was told there was nowhere to place me. But the day before a job in the department was posted on the jobs board. Do I have any legal complaint? I did not sign the Severance package I have 21 days to do so. All so the company is being sold as of march 1. Need advice
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If you want proper legal advice, that can only be obtained from an attorney that you retain.



I'll comment on your post.

No, what you posted is not discriminatory on its face.

You aren't discriminated because you are one race (even a protected class) because a company chooses to let you go.

Neither could they have brought a legal action against you because you choose no longer to work, hit the lottery, became a movie star, got elected president, became king of your own island, or got a job paying you $250,000,000 a month.

A company isn't required to hire 3 turquoise people, 5 plaid people, 2 fat people, 12 women, 10 men, 14 gays, and 2 dead people.

A company is free to hire the person they feel to be the best qualified, or because the owner wants to place his cousin in your slot.

Sorry, I know its not what you wanted to hear, but its real information.

If I were you, I'd take the severance, but not before I spoke with a lawyer that i paid to receive legal advice (assuming you doubt my response, and you'd be wise to always have doubts).
 
Why do you think that illegal discrimination is the reason you were offered severance as opposed to some other reason such as the reorg and position being eliminated?
 
Because they didn't offer me another open position which I qualify for . The other person was re-trained to do the other job they place her in . I wasn't given the same options . I was told I would be placed and the day of the final reorg meeting I'm offered the package .
 
My preference to work rather than severance . Is this what you meant ? I only wanted to be treated fairly which I feel like I haven't . Offer me the same options nothing extra .
 
Even if there had not been a reorganization the company could have let you go for any reason. They had no obligation to offer you anything.
You would have to show that the reason they let you go was racially motivated if you were to get anywhere with a discrimination suit.
The fact that they retained a white woman does not prove you were discriminated against.
 
jazzy67 said:
ok I have more education, have more seniority, have more experience. what else is there?
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None of that matters.

An employer can hire the least qualified.

They don't have to hire the best.

If you owned a company, you aren't required to promote the best person to become your COO.

You can simply name yourself COO, or appoint your stupid, cousin Benny to be COO.

Forget that stuff about qualifications, just look at what is elected to the highest positions at city, state, and federal level.

We are allowed to be as smart, or as stupid as we want to be, but we do have choices.

Finally, an employer is under no obligation to keep you employed, even if you are the best salesperson\, best accountant, or best whatever; you upset the wrong person, they can terminate you just because.

I knew a woman who took delight in coming in each day and terrorizing her employees by saying, "I'm firing someone today by noon."

She'd do that once or twice a month, and it was perfectly legal.
 
The list of reasons they might have kept her and not you are infinite. She might get along better with those left, make less, have some skill set you do not, nepotism, be easier to train, have done those types of duties more recently or often,you might be overqualified, the new job may be closer to her former duties than yours. Could be they fully intended to retain you both but something happened internally and the job they intended to place you in failed to get funding, is being outsourced, isn't cost effective, is being redistributed among many individuals, the duties are redundant or no longer needed with the new structure, someone's nephew needed a job and yours was the best fit for him, your employer felt the new job was "beneath you" and you wouldn't be interested or would be out the door as soon as you found something more challenging, they couldn't meet your salary requirements, the new job includes duties you aren't able to perform, or about a million other reasons. These are just the tip of the iceberg.

Bottom line is that it take MUCH more than being a different race of someone retained to have a case. What reason other than your skin is a different color than hers makes you think that of all the many reason they might have acted the way they did, your skin color is the reason they let you go? "It's not fair" or, " they broke a promise" are very different allegations than, "they illegally discriminated against me on the basis of race".
 
There could be any # of reasons they retained her & not you. Just because you are of a different race, doesn't mean that is the reason you were not retained. Your best bet is "probably" to take the severance, look for other employment & file for unemployment insurance. You are certainly free to speak to a lawyer first. Good luck.
 
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