Do i have merit to file discrimination or retaliation

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Latest post Thu, Mar 16 2017 10:56 AM by ca19lawyer2. 5 replies.
  • Tue, Mar 14 2017 2:41 PM

    • Bgrace
      Consumer
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    • Joined on Tue, Mar 14 2017
    • TX
    • Posts 2

    Do i have merit to file discrimination or retaliation

    I was fired by my employer on 10/16/16. When I was fired they said due to pricing discrepancies but they told the unemployment that it was due to me having an unauthorized BBQ the Friday before, which I did not have. I always knew I was fired due to the fact that I was the one who told several employees to file complaints to HR due to all the harrasment and discrimination. I was recently contacted by their manager that stated to me that the company owner became angry after I won the unemployment appeal. Therefore they were filing theft charges against me and that they strong armed people to sign affidavits against me. She also stated that she has proof if all of this, she said she has all email correspondences between her, HR and the owner of the company. Please let me know if anything can be done or what needs to be done. 

  • Tue, Mar 14 2017 4:40 PM In reply to

    Re: Do i have merit to file discrimination or retaliation

    Bgrace:
    I always knew I was fired due to the fact that I was the one who told several employees to file complaints to HR due to all the harrasment and discrimination.

    I assume that you merely suspect this and don't really "know" it and have no evidence to prove it.  Correct?

     

    Bgrace:
    I was recently contacted by their manager that stated to me that the company owner became angry after I won the unemployment appeal. Therefore they were filing theft charges against me and that they strong armed people to sign affidavits against me. She also stated that she has proof if all of this, she said she has all email correspondences between her, HR and the owner of the company. Please let me know if anything can be done or what needs to be done.

    Your former employer cannot "fil[e] theft charges."  The employer can make a report to the police, and the police will decide whether or not to investigate and whether or not to refer the matter to the prosecutor, who will then decide whether or not to file charges.  As far as the rest of this, you're free to ask the person who called you to provide you with whatever "proof" she claims to have so that you can make use of it if/when charges are ever filed.

    To answer the question asked in the subject header of your thread but did not ask in the post itself, no.

  • Tue, Mar 14 2017 5:07 PM In reply to

    • Bgrace
      Consumer
    • Not Ranked
    • Joined on Tue, Mar 14 2017
    • TX
    • Posts 2

    Re: Do i have merit to file discrimination or retaliation

    No not at the moment.

    But if they do file under false pretense and I have proof of that I can file lawsuit for that correct?

  • Tue, Mar 14 2017 6:30 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,444

    Re: Do i have merit to file discrimination or retaliation

    After the resolution of the criminal charges in your favor, you may have a claim against them.

  • Wed, Mar 15 2017 1:29 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,405

    Re: Do i have merit to file discrimination or retaliation

    Keep exquisite safe records of everything , names, dates, details etc and shut up ....go read It TX laws as to extortion, blackmail and libel....employer may just step into those areas!  DO not make counter threats or anything . 



  • Thu, Mar 16 2017 10:56 AM In reply to

    Re: Do i have merit to file discrimination or retaliation

    Bgrace:
    But if they do file under false pretense and I have proof of that I can file lawsuit for that correct?

    Anyone CAN SUE anyone for anything.  However, the ability to file a lawsuit has nothing to do with the chances of prevailing.  It's not clear who "they" are or what you're contemplating "they" might file.  As I told you in my prior response, your former employer cannot file criminal charges.  Only the prosecutor can do that.

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