It is very surprising that an employer being so focused on and righteous (in their own mind) in retaliating against an employee that they 'don't see the forest for the trees'. They are so set on retaliating that they refuse to see where then are in the wrong. They assume that since they are the 'boss', that they are in the right.
I literally got terminated two weeks later after filing a complaint. I keep wanting to give up but then I see videos like this that give me some hope … hmm. I have a disability and we have an employee dispute resolution process that has an anti retaliation clause. I’m hoping I can make this stick. 😢
I’m sorry that happened to you. Did the complaint have something to do with your disability? If yes, contact a lawyer and watch more videos on this channel. If no, still watch more videos on this channel. ❤
Nor'easter Vince? Ugh.. sounds depressing! It's a beautiful blue sky, sunshine, and lollipop kind of day here in West Michigan 😊 truthfully, I'd rather be in NH even if it is snowing. So I don't feel sorry for you, Vince. Have a great weekend!
I enjoy your thoughts! Thank you so much! Question? I have a possible can of worms to open- do I bring up a weird situation that happened after I left the job?
Vince, I've read that there are caps on punitive damages depending on how large the employer is, but I've also seen reports of juries awarding millions in punitive damages. Could you explain why this happens and what the limits are? Bonus if you can bring in the effect of employers being reckless/malicious towards the plaintiff.
But what if the employer was putting the employee under increased scrutiny, giving her impossible or conflicting tasks/expectations, isolating her, and papering her file for weeks PRIOR to the employee filing a complaint and then they fired her the very next day after she filed the complaint citing "not a good fit" as the reason for termination? In an at-will employment state, firing someone for "not being a good fit" or a "personality clash" is not illegal. Does that discredit temporal proximity? In my case, the employer's behavior prior to my filing the complaint is well-documented and objectively over-the-top/ludicrous.
you are wrong about the atwill thing you said. an employer can't just say some bogus reasons and get out of jail free card. that's not how the discrimination lawsuits would work. so there is a 'pretext' legal code within title 7, that states the stated reason of employer can be ignored, there doesn't need to be any stated reason still and the termination can still qualify as another piece of evidence of discrimination. the more evidence you have the better. all working conditions, hiring practices, did they follow procedures in terminating. and if they employer can't articulate legitimate nondiscriminatory motives, and business necessity. and the poor perfomance claims can be debunked. then it's likely you'll have 51 percent evidenciary standard to beat the employer in an discrimination lawsuit. they are expected to respect people's rights and protections, and not just terminate people over miniscule reasons like personality clash. they are suppost to be professional and work around that. also personality clash without evidence might also be considered libel. so 51 percent evidence is required to win, so you gotta flip the burden onto them to give good reasons it wasn't discriminatory, it doesn't take alot to win. and yes, it CAN be illegal for ANY reason they claimed they terminated atwill law has exceptions.
Hi Vince live in Texas I worked for a multinational company that is a global leader in protein based food production. My 19 year old son also worked there he was injured, resulting in a hospitalization. The company failed to comply with reporting the incident with osha or with anyone for that matter so I called osha myself and whistleblowed safety violations that lead to his injuries. I informed my manager and supervisor that I called osha and reported the safety issues that lead to his injury and the next day I was terminated the next day on false accusation of falsifying documentation/time card.. this was 12 days after my son was injured my employer erased my time stamp for that Friday to look like I didn't work Friday and told the department of labor my last day to work was Thursday.. can you help me with my situation? Thanks
My employer fired me right after I finished two weeks FMLA leave and I had upcoming one month approved FMLA leave. How we gonna handle this and I really need to help.
I've missed watching your videos! I kinda stopped watching after the EEOC closed my case. I have a question are there Pro Bono employment attorneys that you know of? And, how do I find one. I've searched for them here where I live and the legal aide said they don't have attorneys for employment. I will have to let my case go if I don't find representation soon I'm in my 3 weeks into 90 days to sue with my right to sue letter. I desperately need help.
@JobAttorney Yeah, I don't have the retainers local counsel have asked for. I don't have anything. I don't even have credit. I don't even know anyone I can borrow it from. I guess they will just get away with the harm and injustice they have done to me. Thanks!
Hello Vince. If you are employed in Georgia, but your employer is incorporated in New York, can you sue them in New York for workplace discrimination/workplace sexual harassment under federal law?
Most employers know better than fire soon after complaint. My waited for 2 years, while setting me up, forge defenses and pretexts. Hiring colored women for my replacement and commencing reduction in force.
@ChelleInTheCity How can you expect or have hope in the law that fights against discrimination when you're guilty of being racist? 🤓 That fight will always be fixed...
In my layman opinion, I think even six months is acceptable for proximity in time and maybe even a year with accompanying circumstances, i.e., questionable reasons for adverse action against the employee.
One of Vince's main points in this video is that even strong (i.e. very short) temporal proximity will not be enough alone in most cases. A 3 month interval between an employer learning about a plaintiff's protected activity and termination may be sufficient to create an initial presumption that the termination was motivated by the plaintiff's protected activity. That presumption is based on the common sense that supervisors and managers do, in fact, terminate employees who complain about wrongdoing. But the caselaw says, where an employer offers an alternative explanation for the termination like "poor performance" or "bad attitude" that the presumption drops out and the plaintiff has the burden of establishing the real reason was discrimination. Once the employer responds with an alternative explanation, the plaintiff has to create enough doubt about it in the mind of the judge to clear the hurdle of summary judgment and proceed on to trial. For an example, if an employer says the plaintiff was terminated for "poor performance" a plaintiff could create doubt by presenting evidence showing that, in fact, their performance was great. That could take the form of employee of the month awards, positive performance reviews, bonuses for hitting production targets, etc. A plaintiff could also cast doubt on such an explanation by showing that they were given an entirely different reason at discharge or given no reason at all. When a plaintiff replies to an employer's alternative explanation pointing only to the fact that they were terminated only 3 months after engaging in protected activity, that is much less persuasive in the mind of a finder-of-fact, especially an out-of-touch and unsympathetic judge. Judges are more inclined to defer to the subjective business judgment of an employer on matters like "performance" or "team fit" or "bad attitude." Comparatively, working class people who make up juries are much more aware of the reality of retaliation, papering the file, pretext, and that even hardworking and honest employees get labeled this way after reporting wrongdoing.
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It is very surprising that an employer being so focused on and righteous (in their own mind) in retaliating against an employee that they 'don't see the forest for the trees'. They are so set on retaliating that they refuse to see where then are in the wrong. They assume that since they are the 'boss', that they are in the right.
Love the new thumbnails and live feeds. You're a tremendous resource.
You are too kind. We're just trying to catch up to your stellar production quality.
I literally got terminated two weeks later after filing a complaint. I keep wanting to give up but then I see videos like this that give me some hope … hmm. I have a disability and we have an employee dispute resolution process that has an anti retaliation clause. I’m hoping I can make this stick. 😢
Get yourself an attorney.
@@MyOtherChannel-zy3tf they’re scary bc I worked for the government and they have to practice. I worked in law.
I’m sorry that happened to you. Did the complaint have something to do with your disability? If yes, contact a lawyer and watch more videos on this channel. If no, still watch more videos on this channel. ❤
@@Vera.ChuckandDave thanks. Still debating if I want to file my complaint. I still have time. It’s all exhausting. I need a new job lol
Post pic of snow if it happens at Farm
Nor'easter Vince? Ugh.. sounds depressing! It's a beautiful blue sky, sunshine, and lollipop kind of day here in West Michigan 😊 truthfully, I'd rather be in NH even if it is snowing. So I don't feel sorry for you, Vince. Have a great weekend!
What about alleged poor performance before protected activity
Also is burden shifting a defense
I enjoy your thoughts! Thank you so much!
Question?
I have a possible can of worms to open- do I bring up a weird situation that happened after I left the job?
Vince, I've read that there are caps on punitive damages depending on how large the employer is, but I've also seen reports of juries awarding millions in punitive damages. Could you explain why this happens and what the limits are? Bonus if you can bring in the effect of employers being reckless/malicious towards the plaintiff.
But what if the employer was putting the employee under increased scrutiny, giving her impossible or conflicting tasks/expectations, isolating her, and papering her file for weeks PRIOR to the employee filing a complaint and then they fired her the very next day after she filed the complaint citing "not a good fit" as the reason for termination? In an at-will employment state, firing someone for "not being a good fit" or a "personality clash" is not illegal. Does that discredit temporal proximity? In my case, the employer's behavior prior to my filing the complaint is well-documented and objectively over-the-top/ludicrous.
you are wrong about the atwill thing you said. an employer can't just say some bogus reasons and get out of jail free card. that's not how the discrimination lawsuits would work. so there is a 'pretext' legal code within title 7, that states the stated reason of employer can be ignored, there doesn't need to be any stated reason still and the termination can still qualify as another piece of evidence of discrimination. the more evidence you have the better. all working conditions, hiring practices, did they follow procedures in terminating. and if they employer can't articulate legitimate nondiscriminatory motives, and business necessity. and the poor perfomance claims can be debunked. then it's likely you'll have 51 percent evidenciary standard to beat the employer in an discrimination lawsuit. they are expected to respect people's rights and protections, and not just terminate people over miniscule reasons like personality clash. they are suppost to be professional and work around that. also personality clash without evidence might also be considered libel. so 51 percent evidence is required to win, so you gotta flip the burden onto them to give good reasons it wasn't discriminatory, it doesn't take alot to win. and yes, it CAN be illegal for ANY reason they claimed they terminated atwill law has exceptions.
After wining an investigation case done by the labour inspection, can you file for a punitive lawsuit?
I have been wondering about this too!
Hi Vince live in Texas I worked for a multinational company that is a global leader in protein based food production. My 19 year old son also worked there he was injured, resulting in a hospitalization. The company failed to comply with reporting the incident with osha or with anyone for that matter so I called osha myself and whistleblowed safety violations that lead to his injuries. I informed my manager and supervisor that I called osha and reported the safety issues that lead to his injury and the next day I was terminated the next day on false accusation of falsifying documentation/time card.. this was 12 days after my son was injured my employer erased my time stamp for that Friday to look like I didn't work Friday and told the department of labor my last day to work was Thursday.. can you help me with my situation? Thanks
My employer fired me right after I finished two weeks FMLA leave and I had upcoming one month approved FMLA leave. How we gonna handle this and I really need to help.
I've missed watching your videos! I kinda stopped watching after the EEOC closed my case.
I have a question are there Pro Bono employment attorneys that you know of? And, how do I find one. I've searched for them here where I live and the legal aide said they don't have attorneys for employment. I will have to let my case go if I don't find representation soon I'm in my 3 weeks into 90 days to sue with my right to sue letter. I desperately need help.
I'm not aware of any pro bono options, should be many contingency options in certain parts of the country.
@JobAttorney Yeah, I don't have the retainers local counsel have asked for. I don't have anything. I don't even have credit. I don't even know anyone I can borrow it from. I guess they will just get away with the harm and injustice they have done to me. Thanks!
@Indi_On_A_Jones how much do they want for a retainer? If you don't mind
Sometimes you can find an attorney that works on a contingency basis but not technically for free. I’d check that out in your area.
@@BaNanie521 between 2 and 5k.
Can you use the retailiation punitive damages as a way to get more money in settlement negotiations ?
Hello Vince. If you are employed in Georgia, but your employer is incorporated in New York, can you sue them in New York for workplace discrimination/workplace sexual harassment under federal law?
How long would be limit where they might say the action isn’t temporal proximity ?
Most employers know better than fire soon after complaint. My waited for 2 years, while setting me up, forge defenses and pretexts. Hiring colored women for my replacement and commencing reduction in force.
Colored women? 🤔
Right. What’s that supposed to mean? Is this 1940?
@ChelleInTheCity How can you expect or have hope in the law that fights against discrimination when you're guilty of being racist? 🤓 That fight will always be fixed...
Question: Is three months between adverse employer actions enough to get the employer off the temporal prox. hook?
In my layman opinion, I think even six months is acceptable for proximity in time and maybe even a year with accompanying circumstances, i.e., questionable reasons for adverse action against the employee.
One of Vince's main points in this video is that even strong (i.e. very short) temporal proximity will not be enough alone in most cases.
A 3 month interval between an employer learning about a plaintiff's protected activity and termination may be sufficient to create an initial presumption that the termination was motivated by the plaintiff's protected activity. That presumption is based on the common sense that supervisors and managers do, in fact, terminate employees who complain about wrongdoing.
But the caselaw says, where an employer offers an alternative explanation for the termination like "poor performance" or "bad attitude" that the presumption drops out and the plaintiff has the burden of establishing the real reason was discrimination.
Once the employer responds with an alternative explanation, the plaintiff has to create enough doubt about it in the mind of the judge to clear the hurdle of summary judgment and proceed on to trial.
For an example, if an employer says the plaintiff was terminated for "poor performance" a plaintiff could create doubt by presenting evidence showing that, in fact, their performance was great. That could take the form of employee of the month awards, positive performance reviews, bonuses for hitting production targets, etc. A plaintiff could also cast doubt on such an explanation by showing that they were given an entirely different reason at discharge or given no reason at all.
When a plaintiff replies to an employer's alternative explanation pointing only to the fact that they were terminated only 3 months after engaging in protected activity, that is much less persuasive in the mind of a finder-of-fact, especially an out-of-touch and unsympathetic judge.
Judges are more inclined to defer to the subjective business judgment of an employer on matters like "performance" or "team fit" or "bad attitude." Comparatively, working class people who make up juries are much more aware of the reality of retaliation, papering the file, pretext, and that even hardworking and honest employees get labeled this way after reporting wrongdoing.
Did you feel the earthquake?
There were recordable earthquakes on both ends of the US last night, strange that they were about the same location straight across from one another.
No, I was far away on my farm. About 5 hours away.