Do I have a gender biased discrimination case?

Wanted to leave my Fortune500 company; trained for a different line of work for a week during vacation time of my initial employer. A photo was taken and thanks to social media my company noticed me. Came back from vacation; wanted to give notice they confronted me and wanted me to “quit” the other company, which under their terms is considered a competition (yes I had signed non-compete). I explained why I did it and feel like not being appreciated by manager and the last 2-3 promos were handed over to woman. We are just 2 senior male employees in the department I quit and now they want to fire me

Asked on August 15, 2012 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may have a claim for gender discrimination for being passed over for promotions, if there were no non-discriminatory reasons for the women to get those promotions instead of you and the other male. (If there were some reasonable grounds to give the women promotions instead of you--e.g. better reviews; their department did better vs. financial targets; they had more time in service or better credentials; etc--then you would not have a claim.)

You would most likely not have a claim for being terminated if  you violated a non-competition agreement, however.


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