Accused of racial discrimination

by Rebecca
(New York)

Hello,

I was put on suspension due to an investigation. A staff member said that I used racial words when referring to this other man we worked with. I never said those thing and never would I. Anyone that has ever met me can say that i never say racial words. Now my question is that I have to meet my work tomorrow at the corporate office and Im pretty sure that I will be getting fired due to what is being claimed I said. Now if i do get fired can i get unemployment? and what happens if i cannot find a job, can i get unemployment at a later date? or i pretty much cant get unemployment and have to find a new job.


Hi,

I don't know how to answer you Rebecca. It's a discharge you're asking about. the burden is on the employer .. so it all depends on what they can prove .. or whether you will be able to rebut what they say is "misconduct" effectively with credible evidence and testimony.

It began as a he said/she said situation. So the employer has done what it is they do .. investigate. They have probably questioned more than one co-worker by now. I'm sure they have been gathering statements .. and so should you be doing so. But mostly, I think it is a mistake to just sit at home while employers suspend and investigate .. waiting quietly to allow them to determine the fate of your job.

If you or anyone reading this is ever accused of "racial discrimination" and you know you are not guilty .. You need a lawyer to act on your behalf.

The reason being that an employing entity does not care about you nor the person who claims discrimination.

It only cares about protecting itself from any future "liability" associated with the incident, event or behavior that caused all the problems.

This includes the paltry unemployment benefits .. because although unemployment decisions are not binding in many states with regard to relitigating and issue in a different venue .. (civil lawsuits) not all states have laws that prevent the inclusion of testimony and evidence at an unemployment hearing.

This is confusing .. even to me .. and I only give information for your consideration, not legal advice.