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Wrongful termination/discrimination/retaliation/hostile work place

Discussion in 'Termination: Firing & Resignation' started by Flying no more, Mar 28, 2016.

  1. Flying no more

    Flying no more Law Topic Starter Guest

    Jurisdiction:
    Georgia
    Not sure of jurisdiction? I worked in NJ for an airline that is HQ in Atlanta GA but l live in FL


    I was wrongfully terminated on 10/24/2016. I was not treated fairly or the same as other co-workers for the same reason I was disciplined, the reason given was “performance.” The charge is completely false and baseless as the very reasons for my termination are in fact commonplace among my former colleagues. Simply put ….I was singled out, even after one of my supervisors agreed with my position on one of the accusations. I was wrongfully terminated, discriminated, retaliated, bullied and targeted.

    I was also retaliated against for filing an HR complaint against a supervisor who violently kicked my recliner chair at 5:00AM in the morning as I was asleep with an eye mask on with enough force to awaken a pilot sleeping a foot away from me. Sleeping in basement of airport in crew rest area is a common practice and has been accepted practice for 25 plus years. Plus I am over age 60 which introduces a charge against the elderly. I notified my union the within an hour of incident and had a meeting with same supervisor. The supervisor is a large man and caused me to experience great anxiety and depression, fears and nightmares. I am on medication for anxiety and depression. I reported the incidents to EAP employee assistance program and it was recorded with my primary care physician. I also went to see a therapist recommended by the EAP. I was on intermittent FMLA for total ear block caused by flying and aggravated by decibel levels on aircraft above OSHA and NASA limits of 85 decibels.

    I have filed a complaint with the EEOC and I am waiting for a response. I have been diligently working on justice since the incident occurred but I am unable to get help. My union lost 2 grievances and mediation so it is sent to arbitration. I feel the company and union is stalling and to run clock out on my due process and statute of limitations.

    Can you please help me or offer me assistance on where to get help?
     
  2. txls

    txls Well-Known Member

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    You can wait for the EEOC to respond (which doesn't cost you anything) or you can hire an attorney.
     
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  3. flying no more

    flying no more New Member

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    is my jurisdiction Georgia or New Jersey and would a lawyer take it on contingency?

    would a lawyer take it on contingency
     
  4. cbg

    cbg Super Moderator

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    A wrongful termination does not mean that you were terminated for something you didn't do. It means that you were terminated for a reason prohibited by law.

    What law are you claiming was violated by your termination? That's a real question - I'm not sure the EEOC was the proper venue, depending on your answer.
     
  5. army judge

    army judge Super Moderator

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    A case with the fact pattern you describe would not generally be taken on contingency.
     
  6. ElleMD

    ElleMD Well-Known Member

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    Jurisdiction is based upon where you actually performed the work, not where you live or where a company's HQ might be. It isn't clear at all on what basis you feel you were discriminated against. If you made a report to HR that someone kicked your chair to wake you up, that is not in any way protected. It can not serve as the basis for any sort of retaliation claim, nor is it something I would expect HR to do anything about. I have no idea what you feel HR could or should have done.

    On what basis did you file with the EEOC? Your union is going to be your best bet for resolution, but it sounds like there wasn't anything actionable on that front. If you have already filed with EEOC, the statute of limitations hasn't run out. Should you get a right to sue letter, you will have up to 90 days to file suit if that is what you choose to do.
     

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