Fired for less infraction than the other employees serious infractions and are still?

[Bobby62]

I have the premises that I was terminated for being Hispanic, for failing 2 mystery phone shops w/i a 8 mth period for witch past practice was for the ADM/DM to give a heads up call to the stores who were going to receive them. For which I never received on either call. But yet there are Caucasian employees who were involves in life safety issues with customer cars, wheel falling off while driving out the shop, caliber bolts not but on after a brake job and braking system locking up while customer was driving, an a employee verbally warned 5 times not to write up work orders for family and employees? And thier still all there working? The servility of what I failed on, is not even close to there infractions. I feel I'm being discriminated base on me being the only Hispanic there. Is there some basics for me to possibly follow up on a discrimination claim?? Florida.

 

[esteele]

What are "mystery phone shops"? Is it a "secret shopper" critique process?

If your employer terminated you, a Hispanic employee, for failing the two mystery phone shops but retained similarly situated white employees who apparently had more significant performance issues, then you would appear to have the basis for race discrimination disparate treatment claim.

Of course, you can Google disparate treatment in employment to gain a "tutorial" on this area of employment discrimination. After you do some research if you still believe your situation supports a claim, then you should promptly (1) contact the United States Equal Employment Opportunity Commission ("EEOC") or your state or local Fair Employment Practices agency ("FEP") to file an administrative charge of discrimination; and/or (2) confer with a local attorney experienced in employment discrimination law.

Final point: Do not take a great deal of time to ponder what you are going to do next. I THINK you only have 300 days from the time you learned of your discharge to file an administrative charge of discrimination under Title VII of the Civil Rights Act of 1964, as amended ("Title VII"). You do not want to let this limitations period expire.

You may have a parallel judicial claim under the Civil Rights Act of 1866, as amended ("Section 1981"), which has a longer limitations period. (You may also have a parallel claim under a state or local law.) However, it would behoove you for a number of strategic reasons to file a charge of discrimination first with the EEOC or the state or local FEP.

 

[Bobby62]

Yes is it a secret shopper critique process program done by the company.

 

[army judge]

OP, secret shoppers are NOT employees.

Their services are usually retained as contractors.

As a contractor, you are NOT an employee.

Employment discrimination (and labor laws) generally don't cover contractors.

 

[esteele]

The OP stated the following, "I have the premises that I was terminated for being Hispanic, for failing 2 mystery phone shops w/i a 8 mth period for witch past practice was for the ADM/DM to give a heads up call to the stores who were going to receive them." I interpreted this "sentence" along with the balance of the post as meaning he worked at a dealership, he failed the secret shopper reviews twice (conducted by non-dealership personnel) in an eight month period, and other employees of the dealership had more serious performance issues.

Hopefully, the OP will come back and clarify what he was endeavoring to communicate.

 

[army judge]

Even the most vile and discriminatory employer isn't stupid enough to terminate someone because of their gender, age, or ethnicity.

 

[esteele]

Two points: First, you apparently underestimate the "David Duke" strain still alive and well throughout America, including America's workplaces. These individuals fundamentally do not accept the concept of non-discrimination or civil rights as these principles have developed over the last 50 years.

Second, even assuming for the sake of discussion that the majority of management officials foreswear discrimination on a surface level, far too many current cases present compelling evidence of racially based disparate treatment. What the OP describes could here constitute a classic case. The Hispanic worker fails to make the grade in two secret shopper evaluations over an eight month period. Management responds by terminating him. However, when white employees repeatedly fail to service customers' vehicles in a safe manner, a seemingly more serious performance issue, management does not fire them.

Whether the OP's managers are members of the Ku Klux Klan or the NAACP, they reportedly skewed disciplinary decisions along racial lines. While such decision making may indeed be "stupid" on a number of levels, such disparate treatment manifests itself all of the time in this country's workplaces. (The 100,000 discrimination charges filed with the EEOC every year serves as evidence this form of "stupidity" remains alive and well.)

 

[army judge]

Contractors are not protected by employment discrimination or labor laws.

I knew that before I received my BBA, my MBA, or my JD.

As for what you think I underestimated or fail to understand, you have no clue.

 

[esteele]

While less than artfully worded, the OP's post suggests he and his white colleagues worked as coworkers for the same establishment. The OP did not claim to be a "contractor."

However, even assuming arguendo he was a contractor, if his contract was terminated for a racial reason he would have potential recourse to challenge this form of discrimination in court under the Civil Rights Act of 1866, as amended ("Section 1981").

 

[army judge]

Google "secret shopper" and all shall soon be revealed.

While less than artfully worded, the OP's post suggests he and his white colleagues worked as coworkers for the same establishment. The OP did not claim to be a "contractor."

However, even assuming arguendo he was a contractor, if his contract was terminated for a racial reason he would have potential recourse to challenge this form of discrimination in court under the Civil Rights Act of 1866, as amended ("Section 1981").

 

[Bobby62]

I was a regular employee just like the ones that had more serious infractions and are still there as regular employees. I wasn't or was I ever contracted to be a secret shopper. I failed the shop a couple of weeks after I started in Feb/11. They disregarded it, cause I was a new employee and never made aware of the program. As Several months go by the Assist Dm would call the store ahead of time and give us info as to when the shopper was calling by giving us size of tire or make of car. For which I myself have answered his heads up call and I passed the info to the other employees. Later in May/11 I received another shop call and failed that one and was suspended for 3 days /no pay meantime the employee that did received the heads up call, apologized to me for not telling me that he had received the heads up call "That he forgot to tell me"? (Caucasian), So several months went by and the Asst DM kept calling every month giving heads up on the shoppers calls. Which by the way is against company policy to give heads up calls on secret shoppers, it's in the policy book. So on Oct/11 again no heads up call for me? I was alone up front with 3 customers on counter and 2 lines on hold and I got another shop call and failed that one I had panicked and got into a state of shock cause I was afraid of loosing my job or getting suspended so I don't recall exactly but they stated I said Oh Shit" " Oh my God not now!/. For which I wasn't talking to no-one directly just to myself, cause I'm a single father and jobs are hard to come by. This isn't as serious as the other employees infractions which are life safety and there still working there. (All Caucasians) I feel I have been getting set up to fail cause I'm Hispanic( The only one with a college degree in the building)

 

[esteele]

I am glad you came back and cleared up any possible confusion.

As discussed above, you should contact (1) EEOC or the state FEP and/or (2) plaintiff-side counsel ASAP. If your account of the underlying events is accurate, then it appears your employer engaged in unlawful disparate treatment with respect to discipline and discharge.

 

[jacksgal]

Do we know the employment history of other workers? Do we know what Op's and their HR files say? On face value it appears this person was treated this way possibly sue to race. However there is much we do not know that could warrant the difference in actions and may have nothing to do with race

 

[army judge]

File a complaint with the EEOC.

Everyone has a right to proper redress of any wrongs they may have suffered.

I also suggest you apply for unemployment insurance benefits.

I wish you much success in the future.

Out of respect for your situation, I won't comment on this, other than to say, I wish you well.

I was a regular employee just like the ones that had more serious infractions and are still there as regular employees. I wasn't or was I ever contracted to be a secret shopper. I failed the shop a couple of weeks after I started in Feb/11. They disregarded it, cause I was a new employee and never made aware of the program. As Several months go by the Assist Dm would call the store ahead of time and give us info as to when the shopper was calling by giving us size of tire or make of car. For which I myself have answered his heads up call and I passed the info to the other employees. Later in May/11 I received another shop call and failed that one and was suspended for 3 days /no pay meantime the employee that did received the heads up call, apologized to me for not telling me that he had received the heads up call "That he forgot to tell me"? (Caucasian), So several months went by and the Asst DM kept calling every month giving heads up on the shoppers calls. Which by the way is against company policy to give heads up calls on secret shoppers, it's in the policy book. So on Oct/11 again no heads up call for me? I was alone up front with 3 customers on counter and 2 lines on hold and I got another shop call and failed that one I had panicked and got into a state of shock cause I was afraid of loosing my job or getting suspended so I don't recall exactly but they stated I said Oh Shit" " Oh my God not now!/. For which I wasn't talking to no-one directly just to myself, cause I'm a single father and jobs are hard to come by. This isn't as serious as the other employees infractions which are life safety and there still working there. (All Caucasians) I feel I have been getting set up to fail cause I'm Hispanic( The only one with a college degree in the building)