How do you know if you have a case for retaliation termination?

UPDATED: Mar 1, 2011

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How do you know if you have a case for retaliation termination?

In 11/10 the director of the non-profit organization I was working for made a racial statement that I didn’t like. I spoke to her and HR, and she apologized. After this she began to ignore me or only speak to me to reprimand me. In 12/10 a new supervisor was hired and the director told her to watch me, as well as 2 other employees. In 01/11 my position was eliminated with no warning. I was handed my last check and dismissed. The director had gone on vacation 2 days before. Do I have a case?

Asked on March 1, 2011 under Employment Labor Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Termination for Racial discrimination is obviously against the law. What you have to do here is prove that there is a connection between the statement and the elimination of your job, something that is not very easy to do.  First, if you are an employee "at will", meaning that you do not have a contract, then you can leave or be let go at any time and for any reason.  You are going to have to try and prove that you were targeted and the job eliminated because YOU were in it. Although to you it seems like a plot that the director went on vacation it may just be a coincidence.  Seek help from an attorney in your area fo consultation.  Additional facts are needed to determine if you have a case or not.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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