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Decrimination law suit

My wife was forced to resign from her county job after 7 years she is jobless now and stressing. Her boss always started issues with her, she denied her transfer when she put in to be transferred to a different location in the county.she also verbally abused her when she requested meetings with her and her boss. My wife have some recorded conversations to prove or build a case what do you recommend she do? And is it possible for her to be awarded unemployment compensation on a forced resign from her job? She has never been written up or suspended. .

SHe will have to prove at a hearing after she is denied unemployment insurance she didn't have a choice. Its not easy to do (I would have insisted on being fired, quitting was the worst thing she could have done) but it has been done.

I know its possible because I actually won unemployment insurance on a job I quit. Totally different circumstances in my case... but I was able to present enough proof to the judge hearing my appeal to the rejection that I won.

Don't know of anyone else that has... but I couldn't be the only one that has either.

If you plan on going after discrimination... I'd consult a lawyer to review your evidence and tell you if you have much of a case to proceed. Your side is making the accusations... its going to be up to your side to prove them in court... not vice versa. Your wife has to make the burden of proof. Or at least enough to convince a judge.

If you can find a lawyer willing to work on contingency...so much the better....it might be expensive to fight....and any unscrupulous lawyer will take up a fight they can't win if you pay them by the hour.

First for unemployment, she will have to prove she was forced to resign.

For the rest of it find a local lawyer and see if you can get a free consultation. Present your evidence and see if they think you have a winnable case.

How was she discriminated against?

Quote:

Originally Posted by smoothy

SHe will have to prove at a hearing after she is denied unemployment insurance she didn't have a choice. Its not easy to do (I would have insisted on being fired, quitting was the worst thing she could have done) but it has been done.

I know its possible because I actually won unemployment insurance on a job I quit. Totally different circumstances in my case... but I was able to present enough proof to the judge hearing my appeal to the rejection that I won.

Don't know of anyone else that has... but I couldn't be the only one that has either.

If you plan on going after discrimination... I'd consult a lawyer to review your evidence and tell you if you have much of a case to proceed. Your side is making the accusations... its going to be up to your side to prove them in court... not vice versa. Your wife has to make the burden of proof. Or at least enough to convince a judge.

If you can find a lawyer willing to work on contingency...so much the better....it might be expensive to fight....and any unscrupulous lawyer will take up a fight they can't win if you pay them by the hour.

The only evidence She has that proves she was forced is in her recording. And also the documentation used in this situation the Supervisor wrote out everything and told my wife she had 24hours to decide to be terminated or resign.. The entire form is in the supervisor handwriting.
She has never been written up in 7 years or suspended. .
She ha proof she was forced to resign . A verbal recording with her and the supervisor.
All she has is the recorded conversations as her proof/evidence.
The reason she agreed to be take the force resign is because in the recorded conversation the supervisor stated If she is terminated she will never be able to work for the County ever again and she can't use them for a job reference but If she resign she will be rehirable in the County any where and if she decided to find another job that they would speak on her behalf and give a good reference. So In that case she didn't want TERMINATION in her file after being in the county for 7 years..
At age 25, I feel they manipulated her.

Quote:

Originally Posted by ScottGem

First for unemployment, she will have to prove she was forced to resign.

For the rest of it find a local lawyer and see if you can get a free consultation. Present your evidence and see if they think you have a winnable case.

The only proof she has that states she was forced is a recorded conversation between her and her boss telling her she ethier resign or be terminated . And the paperwork she signed was generated by the supervisor. They wouldn't even allow her to provide her reason for resigning. They put her reason: Personal.. .

First, you don't have to answer each person. We all see all responses in the thread so you don't need to repeat things.

If she fights for unemployment, don't you think that will affect her ability to work for the county in the future?

Quote:

Originally Posted by J_9

How was she discriminated against?

Out of 4 staff she was the only Black young lady that always talked about God and was actually there for her job working with people with disabilities.. . Once she went to her boss telling her and reporting things not right in the job sight, and bringing ideas that would benefit the clients her boss began to Harass her verbally (my wife recorded conversations)
And than she cut her hours from 40 hours to 20. They even denied her transfer to a different job location.

Quote:

Originally Posted by ScottGem

First, you don't have to answer each person. We all see all responses in the thread so you don't need to repeat things.

If she fights for unemployment, don't you think that will affect her ability to work for the county in the future?

Im sorry lol I had no idea . Thanks for letting me know that. .
But yes it may effect her in the future but she might be lucky to get a interview and that emoloyer might be interested in the reason for separation after 7 years . But at this point we don't care. My wife just needs income but I think she will win the case if she fights unemployment.
After 7 years never been written up or suspended. That's just not right.

BTW I'm still learning how to use this site so please help me where ever you see fit thanks

Quote:

Originally Posted by ccordy30

After 7 years never been written up or suspended. That's just not right.

BTW I'm still learning how to use this site so please help me where ever you see fit thanks

It may not be right, but it happens. Most states are right to work states which means an employee can be terminated at will. The fact that she was never written up is really immaterial. Unless she is in a protected class and you can prove that she was discriminated against (very difficult). The only thing you can do is fight for unemployment.

And yes, we will let you know if there are better ways to use this site.

Quote:

Originally Posted by ccordy30

Out of 4 staff she was the only Black young lady that always talked about God and ...

That suggests that she wasn't forced to resign because of her race but instead because of her religious views. Unfortunately, religious bigotry is not a protected classification, so it is doubtful that a discrimination suit will fly.

Quote:

Originally Posted by ScottGem

.... Most states are right to work states which means an employee can be terminated at will. ...

Actually, a "right to work" state is one in which an employee cannot be required to join a union as a condition of employment. In most, if not all, states, an employee can be let go at will (as long as it isn't as discrimination against a protected classification).

Not saying that you have a suit but discrimination based on religion is covered by Equal Opportunity law in U.S.
Do the recordings include warnings from the supervisor about religion?
Were the recordings done legally in your location? You seem to base mostly everything on the recordings. Producing the recordings could, depending on the law in your location, result in charges against your wife.
State by State summary: State-by-state guide | Reporters Committee for Freedom of the Press

Discrimination types in U.S. Types of Discrimination

I will add, if she was talking about God, a lot, at work, at a government job, that could be enough to terminate her. In most government positions, you can not discuss God at the work place during working hours.

Discrimination, many things are, few are illegal. I can fire a person for having red hair. Nothing illegal about it. I can not fire someone for being a Christian. But I can fire them, for expressing religious ideas and talking religion to other workers,

Unless you can show evidence, memors from boss, emails from boss, witness to testify, that race or relgion was reason, then there is no case.

As for forced to resign, how was she forced. She could just refuse to resign, and they would have had to act

Discrimination on the basis of religion means denying someone a job (or promotion, etc.) solely do to their religion. I.E. if you are jewish and you don't get hired solely because you are jewish. But someone who "always talked about God" can be very annoying and actually be the one is discriminating. She should have kept her own religious beliefs to herself and that could have been the cause (and a valid one) of her being terminated.

I stand corrected.

I suspected one can sue for religions discrimination, but what I was trying to say was that it appears OP's wife may have been asked to quit because of proselytizing, not because her religious views.

Not sure where you are located but some states make it a crime to record someone without their permission. COVERTLY RECORDING TELEPHONE CONVERSATIONS

And "proselytizing" (if that is what it was) in a government office, in front of the public (as apparently it was) can appear to be government endorsing religion.
Also, government can perform differently as an employer than when government provides a public forum. (according to the link below)
(Interesting Supreme Court decision yesterday relating to religious freedom and freedom of speech, the ink is still drying on that one)
The link below discusses a load of issues similar to the subjects the OP posted.

http://scholarship.law.upenn.edu/cgi...=auto,-188,194

ccordy30, It's difficult to determine what your wife has. A legal recording or not? A supervisor saying resign or be terminated only or a supervisor crossing a line? Did your wife espouse religion in the presence of the public? Read over the above link and you will get an idea of what is involved in these type lawsuits. Then, if you still think you have a case, try to find a lawyer that will take it on a contingency basis. Whether you can find one or not, will give you an idea of your chance of success. Doesn't look very promising to me.

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The boss over her supervisor told her she have a choice to be terminated and he will fight unemployement to he fullest and her future working with miami dade county will never be approved or she can resign and he will honor her unemployement claim and she will be rehireable wwith Miami dade county. She asked can she just transfer, he stated a transfer is not an option

At this point it's not about the religion, she left it alone, she rather not go through the headache. Now it's about the unemployement. Will he keep his word with her only evidence being her recorded phone conversation with this manager stating he will apporove her unemployement only is she RESIGN

At this point it's a matter of the process and she should go file for unemployment and see what happens, and go from there.

Quote:

Originally Posted by ballengerb1

Not sure where you are located but some states make it a crime to record someone without their permission. COVERTLY RECORDING TELEPHONE CONVERSATIONS

I am located in Miami Florida

Quote:

Originally Posted by ccordy30

I am located in Miami Florida

We decided to just fight for her unemployement

Quote:

Originally Posted by talaniman

at this point it's a matter of the process and she should go file for unemployment and see what happens, and go from there.

Okay we decided to go and file and just fight for unemployement