Do I have a good chance of winning a lawsuit against a restaurant that fired me for what I believe to be unfair reasons?

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Do I have a good chance of winning a lawsuit against a restaurant that fired me for what I believe to be unfair reasons?

I had been hired at a restaurant and after a week of working there I was fired. First starting, it was obvious I was the odd man out because everyone spoke Spanish and instructions were given in Spanish. Beginning working I was given odd jobs to do while others were being trained on how to preform duties required for the job. When it finally came to me performing the duties I had to ask people who were giving me bad information and a supervisor that was busy. Other problematic things occurred but that’s my biggest concern. Can I do anything about this?

Asked on December 7, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You *may* have a cause of action. First, federal law prohibits discrimination in employment on the basis of race, and depending on your and your coworkers' and supervisors' races, this may be racial discrimination. Second, a number of states also prohibit discrimination on the basis of national origin and/or ethnic identity; if you are in a state which does so, then what you describe could also be this form of discrimination. From what you write, it would be worthwhile to consult with an employment law attorney in detail, to evaluate whether you may have a case. Good luck.


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