Was this Discrimination?

[seminolejimmy]

I was recently told by a prospective employer that they would not hire me because my ex-wife, who works at this same employer, told them she had an injunction against me. I made a few phone calls and found out, that like I knew, there was no injunction. So they did not hire me soley based on something she said and didnt even check it out for themselves. Is this discrimination? If so how do I persue? This is a huge state agency!

 

[jacksgal]

Good news and bad

Good News yes you were discriminated against. If you call that good

Bad News its not actionable. Discrimination that you can take legal action on would require you were discriminated because you belong to protected class. Like age, gender, race etc. Being the former spouse of a current or former employee is not a protected class.

Now you might tell the potential employer this was false but even if hired I feel you would be dealing with hostile enviroment.

 

[lostsoul90]

Firing

About 8 weeks ago, I was informed by a co-worker that my supervisor asked him to let me know not to come back next season as I worked for a professional hockey team. About 2 weeks after that phone call, a friend of mine who works in the human resources department of the same company, came to my home to notify me that my supervisor told her to tell me I was being terminated and to turn in my identification card before I would be issued my last paycheck. Today I found out from the unemployment agency within my state that the reason I was terminated was because of misconduct, but I have never had any issue with my job, I knew my supervisor didnt like me, so I made sure I did my job to the best of my ability, and therefore did not ever receive any type of disciplinary sanctions or even been written up for anything. My question is do I have a case for wrongful termination and if I do, then what steps do I take to remedy the situation. And by the way I was denied unemployment benefits because of the claim by this employer.

 

[jacksgal]

Wrongful termination is a termination that violates law. What law do you think was broken in your firing?

 

[lostsoul90]

I dont know of any. I was told that employers couldnt fire you over the phone or by word of mouth and thats what happened to me. My supervisor nor the company never directly notified me that I was terminated. I only found out from a friend who works in the human resources department. She stated that my supervisor asked her to tell me I was fired because she was a friend of my family. I never received any type of documented communication that I was fired, nor a reason why.

 

[jacksgal]

They are not required to. Unethical does not mean unlawful. You may certainly ask them for confirmation via a phone call or a letter/fax/email but they are not obligated to do so. File for unemployment and look for new work.

 

[cbg]

I was told that employers couldnt fire you over the phone or by word of mouth

You were told incorrectly. There is no law in any state prohibiting a firing over the phone, by word of mouth, by fax, by Western Union, by e-mail, by telegraph, by smoke signal, or by singing telegram. They may fire you by whatever method works for them.

As to whether or not they must provide a reason why, it is not required at the time of termination unless a contract or CBA says otherwise. However, a small handful of states requires a reason provided on your WRITTEN request. What state are you in?