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Discrimination/legal thing help?

DirtyDirtyVagrantDirtyDirtyVagrant Registered User regular
edited June 2012 in Help / Advice Forum
So I was recently fired from my job under very shady circumstances. I sent an email detailing these circumstances to the staffing company I had been working for at the time (Top quality ratings, good attendance, no issues with management, no problems leading up to the firing whatsoever, and that I had been fired over the phone less than two weeks after being forced to disclose my gender identity).

Got an email this morning saying the director of the company is trying to reach me. What is this? What should I look out for? A friend told me that they're going to try to get me to admit some kind of wrongdoing over the phone or otherwise get something to cover their asses. Is that right?

DirtyDirtyVagrant on

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  • Eat it You Nasty Pig.Eat it You Nasty Pig. tell homeland security 'we are the bomb'Registered User regular
    No way to know until you talk to them. Maybe he wants to hire you back (doubtful, but who knows.)

    If the guy is looking for a way to retroactively justify the firing, just tell him you're not going to discuss the issue with him over the phone and end the call.

    hold your head high soldier, it ain't over yet
    that's why we call it the struggle, you're supposed to sweat
  • RuckusRuckus Registered User regular
    So I was recently fired from my job under very shady circumstances. I sent an email detailing these circumstances to the staffing company I had been working for at the time (Top quality ratings, good attendance, no issues with management, no problems leading up to the firing whatsoever, and that I had been fired over the phone less than two weeks after being forced to disclose my gender identity).

    Got an email this morning saying the director of the company is trying to reach me. What is this? What should I look out for? A friend told me that they're going to try to get me to admit some kind of wrongdoing over the phone or otherwise get something to cover their asses. Is that right?

    Have you spoken to an attorney yet? You can probably get a free consultation where you can ask them about thinks like speaking with the director that is apparently trying to contact you, the possibility of recording the conversation, what to say during the call, etc.

  • FyndirFyndir Registered User regular
    No way to know until you talk to them. Maybe he wants to hire you back (doubtful, but who knows.)

    If the guy is looking for a way to retroactively justify the firing, just tell him you're not going to discuss the issue with him over the phone and end the call.

    I would say that the only way you should be willing to have a conversation about it is with a lawyer present and the conversation being recorded, if you're even considering potential legal action over discrimination.

  • GnomeTankGnomeTank What the what? Portland, OregonRegistered User regular
    Yeah, if you seriously think you were fired over a gender identity discrimination issue, I wouldn't talk to anyone from that company without legal advice. In many areas, there are good employment legal resources, in terms of lawyer recommendations. Many lawyers will even consult with you about this kind of case for free, because they want to see if it's an interesting one for them to pick up.

    I used to work with a guy who's wife was an employment lawyer and dealt with these sorts of cases and they can get messy, so be prepared for what you might be walking in to. Not trying to discourage you at all, if you were discriminated against in the manner you describe, go get 'em...just be prepared these things can get nasty, and very personal things may come out in the proceedings.

    Sagroth wrote: »
    Oh c'mon FyreWulff, no one's gonna pay to visit Uranus.
    Steam: Brainling, XBL / PSN: GnomeTank, NintendoID: Brainling, FF14: Zillius Rosh SFV: Brainling
  • DirtyDirtyVagrantDirtyDirtyVagrant Registered User regular
    Well, it was the company that I had been under contract with that fired me - not the staffing agency itself.

    I haven't spoken to a lawyer because I had no interest in miring myself in legal bullshit. But now, I dunno.

  • FyndirFyndir Registered User regular
    oh, wait, I'm sorry, is it the director of the staffing company, or the director of the company you had been under contract with that is trying to contact you?

  • GnomeTankGnomeTank What the what? Portland, OregonRegistered User regular
    Well, you have to weigh how much this means to you. Because to go down the road of a case like this, you need to be willing to sacrifice some stuff for the principle, because it's not just going to be a big pile of money and YAY. You're going to have a stigma attached to you that can take time to fade. Bringing an employment case is no joke, and it tends to spread in professional circles.

    If you think you can get another job, and you're okay with just moving on with life, there is nothing wrong with that. You shouldn't be pressured to bring a legal case just in the name of principal. That said, if you feel very strongly about it, and you're pretty sure you were discriminated against, you have legal avenues.

    Sagroth wrote: »
    Oh c'mon FyreWulff, no one's gonna pay to visit Uranus.
    Steam: Brainling, XBL / PSN: GnomeTank, NintendoID: Brainling, FF14: Zillius Rosh SFV: Brainling
  • kaliyamakaliyama Left to find less-moderated fora Registered User regular
    edited June 2012
    I would ask him to contact you in writing. It's illegal in some jurisdictions to record conversations surreptitiously so I wouldn't record the phone call without checking on that first.

    kaliyama on
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  • DirtyDirtyVagrantDirtyDirtyVagrant Registered User regular
    Fyndir wrote: »
    oh, wait, I'm sorry, is it the director of the staffing company, or the director of the company you had been under contract with that is trying to contact you?

    The director of the staffing company.

  • GnomeTankGnomeTank What the what? Portland, OregonRegistered User regular
    Fyndir wrote: »
    oh, wait, I'm sorry, is it the director of the staffing company, or the director of the company you had been under contract with that is trying to contact you?

    The director of the staffing company.

    Oh, that's different. I'd probably talk to him, but be guarded. If he tries to get you to admit any wrong doing, which it does't seem like your staffing company would, just cut off the conversation.

    I thought this was the director of the company that fired you, who I wouldn't talk to without a lawyer present.

    Sagroth wrote: »
    Oh c'mon FyreWulff, no one's gonna pay to visit Uranus.
    Steam: Brainling, XBL / PSN: GnomeTank, NintendoID: Brainling, FF14: Zillius Rosh SFV: Brainling
  • FyndirFyndir Registered User regular
    GnomeTank wrote: »
    Fyndir wrote: »
    oh, wait, I'm sorry, is it the director of the staffing company, or the director of the company you had been under contract with that is trying to contact you?

    The director of the staffing company.

    Oh, that's different. I'd probably talk to him, but be guarded. If he tries to get you to admit any wrong doing, which it does't seem like your staffing company would, just cut off the conversation.

    I thought this was the director of the company that fired you, who I wouldn't talk to without a lawyer present.

    Same with what I said, and agree with Gnome here too.

    Sorry for misunderstanding, DDV.

  • RuckusRuckus Registered User regular
    Also agree, talking to the Director of your staffing agency shouldn't be an issue, unless it looks like they might be piling on to keep a client.

  • see317see317 Registered User regular
    While it shouldn't be an issue talking with your staffing agency director (and probably won't be), I'd suggest looking into some phone recording equipment.
    Don't do anything sneaky, let them know up front that you will be recording the conversation. This should be the first thing on any recording that might potentially have any impact at all.

    While I'd love to say that your staffing agency will stand behind you on this, they're a business too. And if they're making more money with that company through other contractors that they've placed...

  • bowenbowen Sup? Registered User regular
    They're probably doing damage control. DDV, you may want to contact a lawyer, and you might consider having one on retainer for the future because this is probably going to be much of the same shit.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • The EnderThe Ender Registered User regular
    Well, it was the company that I had been under contract with that fired me - not the staffing agency itself.

    I haven't spoken to a lawyer because I had no interest in miring myself in legal bullshit. But now, I dunno.

    There's no harm in getting a legal consultation; you don't have to get into any legal messes if you don't wish to and having more information is always good.

    Personally, I wouldn't take any phone calls from the staffing agency or (obviously) the company that discriminated against you. It is very unlikely that either one will be, say, phoning to apologize or offer assistance. They'll be looking out for their own interests (that is, trying to undermine your rights in order to protect their money).

    With Love and Courage
  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator Mod Emeritus
    I'd say talk to a lawyer before you talk to anyone, simply because you need to know what you should and should not say, cop to, or discuss without legal council, and you want to be able to pick up phrasing and buzzwords that mean something is off and they're trying to get you to say something. You should do this no matter what, because it sucks but honestly this is going to come up again for you.

    And it seems like all is dying, and would leave the world to mourn
  • Pure DinPure Din Boston-areaRegistered User regular
    At the very least you should try calling the free help desk at Lambda Legal. They have lots of regional offices and can tell you what it is like in your state and can help you better weigh the pros and cons.

  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    Correct me if I'm wrong, but it sounds like you are a temp. If that's the case, the first company never fired you, because you never worked for them.

  • ED!ED! Registered User regular
    Deebaser wrote: »
    Correct me if I'm wrong, but it sounds like you are a temp. If that's the case, the first company never fired you, because you never worked for them.

    This is true. There is probably a route the OP can take if they feel they have been discriminated against; but as someone mentioned - is it worth it in the long run? If this impedes your ability to get further work from the staffing agency, I'd say it is worth it to pursue. If not, I'd just move on along.

    "Get the hell out of me" - [ex]girlfriend
  • spool32spool32 Contrary Library Registered User, Transition Team regular
    edited June 2012
    One thing to consider is that the staffing company may be getting stiffed on their payment by the company, using you as an excuse. The staffing people may actually want your gender discrimination info as a weapon to use against a deadbeat client, which would at minimum be neutral for you financially.

    spool32 on
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