I used to work for a small company(30 employees) in arizona. I was let go along with five other guys, all of us are white males with 6months to a year or more with the company. We were all let go in favor of lesser skilled and lower paid hispanics with less time with the company. Although we were at the high end of the wage scale our pay had been reduced prior to the termination and a lower wage was not even offered to us. The remainder of the employees are predominately hispanic with the exception of the owners and managers who are white. It is my belief that they prefer hispanics who will work for substantially less and take the verbal abuse.Do I have a case for wrongful termination?

Fr_Chuck

Only if you can prove this was the reason

rehmanvohra

I am not aware of the labor laws of Arizona, hence the answer is based on common law principles. The employer has the right to appoint any one he wishes at such rates that favor him. However, once appointed, the salaries can not be reduced just to make you leave the job. This situation is called constructive dismissal where the situation is created such that the employee tenders his resignation; such as lower salary, ungodly hours, etc.

However, if you have been paid your legal dues on termination, you can not do much about it, except file a case with local labor tribunal for constructive dismissal. The employer can be made to reinstate such employees or pay for the legal damages. I would suggest consult a lawyer.

excon

Hello not:

In Arizona, you work "at will". That means the employer can fire you for any reason, or no reason at all, assuming you're not a member of a protected class of individuals.

Given the above, an employer CAN lower your wages, in the hopes you'll quit, in the hopes you'll do a better job, in the hopes he'll make more money, or with no hopes at all.

What he CAN'T do, is fire you because you're white, because in THIS instance, white people ARE the protected class.

excon

SafeHeart

If you are willing to work under the same conditions and pay as the Hispanics, then why cannot you and the other five men work there?

You could contact the EEOC but they are are so busy that it seems these days nothing happens, unfortunately. However, you (and the other men) could contact an attorney. Since there is more than one, this might help.

Good luck!

jenniepepsi

yeah im in arizona, and its what ive been told is called a 'right to work' state. its not that the employer can fire you for any reason, cause if they are discriminating, and you can PROOVE it, thats illigal.

however they CAN fire you and NOT give a reason.


this is my understanding of it when i was fired from subway. so, i might have been misinformed.