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wrongful termination

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#1 nichole_1973


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Posted 27 December 2012 - 01:54 PM

Is it discrimination for my employer to fire me because of an arguement that started at work with myself and a coworker and it continuing after work in another location. My employer called me in the office after my coworker complained about it and I was suspended until further investigation but i was never even able to explain the situation to defend myself, but other coworker fought on the job and were'nt suspended or fired. After about two and a half weeks of trying to go in and give my side of the story hr called me in to give my side of the story but when I went in HR already had my termination papers

#2 Fallen


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Posted 27 December 2012 - 02:07 PM

Even if you want to call it discrimination, you haven't said anything to indicate it's unlawful discrimination (few types are unlawful).

I'm afraid the employer isn't obligated to let you explain/defend yourself. If you think you can peg the difference in treatment between you and other fighting coworkers to your gender or race or religion (or age if you're 40) or some other protected characteristic (in some states, that might be sexual preference or even political affiliation), feel free to file a complaint with the EEOC and state equivalent. However, it may be that this person is friends with someone or whatever (as such, it wouldn't be unlawful to do whatever).

If the employer fights the state giving you unemployment, I'd feel free to point out other instances you know of where other folks weren't fired for arguing.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)

#3 FindLaw_Amir


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Posted 27 December 2012 - 02:50 PM

To learn more about this subject matter, you may want to visit the Employment Law Center and read Wrongful Termination as a good resource.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#4 pg1067


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Posted 28 December 2012 - 07:03 AM

Is it discrimination for my employer to fire me because of an arguement that started at work with myself and a coworker and it continuing after work in another location.

I suppose it might be if the same fate did not befall your co-worker. However, most discrimination is perfectly legal, and this would only be illegal if the two of you were treated differently because of something like your race, ethnicity, gender, religion, etc.

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