Fired due to mistaken report that I did not graduate high school?
(Los Angeles, California)
I was terminated in January because the background check came back that I had not graduated from high school. It was the verification company's mistake, but they still fired me. However, I have official proof that I did in fact graduate from high school.
I think the firing was retaliation also, because for some time I was trying to change schedules. (I was riding the bus and it took too long to get to work and get home.) They always rejected my requests for schedule change, even though they kept hiring new people on the other shifts and left me on that shift.
I also think it was because of my sexual orientation. Regardless, I think that they took advantage of the verification company error to terminate me. Will the EEOC be able to help me out? Do I have a case against them in court? Thanks.
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ANSWER for "Fired due to mistaken report that I did not graduate high school?":
George (Los Angeles, California):
The EEOC investigates complaints of job discrimination based on race, color, religion, sex (including pregnancy), national origin, disability, age (40 or older), or genetic information. You can contact them through the EEOC website.
Absent union representation, you will have a difficult time proving your termination was unlawful. Even if you were fired because of a discrepancy over your high school graduation status, you will likely not have grounds for a wrongful termination case.
To prove your termination was based on your sexual preference will take substantial evidence. Currently there aren’t any federal laws which cover employment termination based on sexual preference. California though, does have in place a state law governing wrongful termination based on sexual preference.
Under the State of California’s Government Code, Section 12926(p), to have the basis of a sexual preference discrimination, claim you must show the following:
- You have a gay sexual orientation
- You were “subjected to an adverse employment decision” (firing)
- You were “qualified” for the position
- You were replaced by a person outside your "sexual preference group”, or you can prove person(s) outside your sexual preference group were treated more favorably.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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