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Roxy,
Only knowing your half of the story it sounds like you have the right to take legal action based on discrimination. Federal sexual harrasment laws trump state laws. Lots of good advice here.
Best of luck
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(08-02-2014, 10:21 PM)ClaraKay Wrote: What a horrible reminder of the blatant acts of discrimination we transgendered face in our public lives.
(09-02-2014, 02:12 AM)Lisa Lou Wrote: Roxy, I am so sorry. Unfortunately a sign of our society's intolerance and narrowmindedness.
Wow... reactionary much, people?
Someone getting canned from their job is not necessarily discrimination. It could have something to do with, I dunno, poor performance? Just saying.
I've been fired before myself... probably a half dozen times... and there were a few times I deserved it. There were other times I didn't, and it was a result of personality conflicts or the like.
It really doesn't matter, though. There's no point whining about it. I guess some folks have the idea that the world owes them a job just for breathing. It's disappointing to see this reaction, really.
No one owes you anything, and there's no point continuing to work where you're not wanted. Pull up your big girl panties, find a better job, or make your own job... but quit looking to throw blame around. It's a waste of time.
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(09-02-2014, 10:55 PM)MissC Wrote: Wow... reactionary much, people?
Someone getting canned from their job is not necessarily discrimination. It could have something to do with, I dunno, poor performance? Just saying.
Yes, C, but maybe it
was discrimination. Sounded like it.
Clara
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I worked there for four years was the head of safety committee parade floate committee and was I'm management, trust me nothing to do with performance. Told me I took food, I showed them the receipt proving I did pay for it and my boss told me her hands were tied. Another manager was fired six months ago one week after the same the head manager found out she was a lesbian. This is small town middle America I live in it happens a lot here.
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II just needed to vent never felt that way before u saw the signs. I wasn't ever written up before nothing.
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(09-02-2014, 11:46 PM)roxyrolon Wrote: I worked there for four years was the head of safety committee parade floate committee and was I'm management, trust me nothing to do with performance. Told me I took food, I showed them the receipt proving I did pay for it and my boss told me her hands were tied. Another manager was fired six months ago one week after the same the head manager found out she was a lesbian. This is small town middle America I live in it happens a lot here.
If it isn't a "Right to Work" etc state, i'd call them on it.
It's not Who/What you Are that should matter, only that you do your Job Well Should Matter.
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It is a right to work. I can claim discrimination when I, file for unemployment.
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Roxy,
being originally from south Dakota, The only "Kearney" I know of is in Nebraska. If that's the case, you're in a "right-to-work" state, and basically screwed. Without intending to start a political fight, you can largely thank your Republican government for the lack of employee protections. But, even with employment laws, many companies will in fact do whatever they want, on the premise that damn few people will challenge the wrongful decisions they make. They know it takes money and willpower to fight them. your employer can let you go for any reason they concoct, and not necessarily for a perceived "fault". they can also get away with ignoring their own established company practices, regarding past job reports, etc. The problem they may run into, as has been stated here, is when their "reason" for firing you is not the same reason they give to the unemployment board, or the labor Relations board. Even then, it will fall upon you to pursue the issue further. They operate on the assumption that you won't. My son, in Colorado, had quite the same thing happen to him about 6 months ago. They actually did him a favor, since even though it was tough on them for a while, he has a much better job now. that said, he is pursuing the case, and has a second hearing with the unemployment board in Denver in another week. and, in his case, he has lined up a number of his former co-workers to testify on his behalf. We'll see how that goes.
I don't know for sure about Nebraska, but in a large number of other states, if you have been "fired", for whatever reason, you are not entitled to any form of unemployment benefits. Only if you are able to prove that it was an improper firing, will you be able to collect. Nebraska does, however, not allow for a firing based on Gender discrimination. But I'm not sure if that would apply in your case. Only a lawyer could help you. I would remind you that most lawyers will give you a 30 minute free consultation to discuss your case and tell you what your chances are. just be sure you talk to a lawyer experienced in labor law.
Sorry to see this happen to you. Unfortunately, it happens a lot. I hope you land in a better spot the next time. Patti
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Roxy -
I am very sorry about what happened to you. It can be a cruel world. (I have been there.)
Lenneth has it right.
The most important factor is whether your employment contract is "at will." Most states, and I believe that includes Nebraska, follow the at will doctrine. If you have a written employment contract (or are under a collective bargaining agreement), it may trump the at will doctrine. Also, your former employer may have written guidelines, such as an employee handbook, which may also affect whether the at will doctrine controls. However, if there is no written contract or employer promise to the contrary, your employment is at will and they can fire you for any reason not prohibited by law, such as racial discrimination or other discrimination that is prohibited.
All that said, the advice that you should talk to a lawyer (one versed in employment law) is a good. The specific facts of your case may make a big difference.
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Could be gender discrimination because Roxy's manager is a woman....
First fires a lesbian, then a TG person
Missy is correct that there are a host of explanations one why somene is fired. But I hope you pursue this matter Roxy because from your side of the story it's sounds like you may have a case.
But what do I know. I'm not a lawyer and I live in the liberal northeast.
Best.
