QUESTION

Can the employer fire this manager after being named in an EEOC claim?

Asked on Dec 06th, 2012 on Labor and Employment - Florida
More details to this question:
EEOC claim states sex discrimination. Manager told an employee she understood if she needed to find a better paying job since she was a single parent.
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6 ANSWERS

Steven Lee Miller
My thought is, I doubt that the position of the terminated single parent is that she filed the claim based on being told that. She probably has a different story. The manager, while that is his/ her position of all that was said, could certainly try to bring a wrongful termination claim based on his claim. It sounds to me that absent any witnesses or writings, both the employees are going to have a difficult case if they have to rely on a "he said/ she said" swearing contest. If that is the evidence, I don't like either case particularly. I feel sorry for everybody kind of. You guys know what the truth is. Whoever has the real truth on their side, that is who I feel worst for, but that may never really be discovered.
Answered on Dec 07th, 2012 at 1:24 PM

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I know of no reason that the employer may not discharge the manager. Retaliation against the complaining party is prohibited. I do not know if retaliation extends to the perpetrator or not. You should seek the advice of an EEOC attorney, rather than rely on my uninformed opinion in this matter.
Answered on Dec 07th, 2012 at 1:24 PM

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Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
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As long as the reason for firing the manager was not an "illegal" reason, then the employer can fire the manager. You would need to provide much more information for an attorney to determine if the is any basis for a wrongful termination claim.
Answered on Dec 07th, 2012 at 1:23 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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From the information provided, it does not appear that you were fire. The management is correct, if you insist on being paid more than they are willing to pay, it will be necessary for you to find alternate employment with higher pay. Your status as a single mother does not change the remuneration you are due.
Answered on Dec 07th, 2012 at 1:23 PM

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Elder Law Attorney serving Hollister, CA at Charles R. Perry
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Discrimination in the workplace based on an employee's marital status is illegal. This comment could be construed as proof of discriminatory intent. There is nothing in the law that says an employee needs to be retained through an EEOC or DFEH investigation. If the employer in good faith believes that the manager made this comment, the manager is an "at will" employee, and the employer is not discriminating against the manager on the basis of some protected classification (such as the manager's race or age), then the employer can lawfully terminate the manager.
Answered on Dec 07th, 2012 at 1:23 PM

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Employment & Labor Attorney serving Weston, FL at Behren Law Firm
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Yes employer can probably fire manager.
Answered on Dec 07th, 2012 at 1:22 PM

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