The 1st meeting I called with my supervisor. I asked why placed as a sub ( past 5 years placed permentaly as a staff) and she had no anwser. She said she would have to speak to HR person which was on vacation. I also explained why work habitis where happening. She documented however, I never signed anyting. Zoom to second meeting. By the way my supervisor was on vaction for 2 days.My work habits had improved in thoes two days and only had one small problem. The second meeting happend the day she came back. The meeting addressed past work habits (3 days exactly); these thing had happened prior to the first meeting. Like I said new things were brought to my attention. At the time and now I still don't understand the details of what lead them to fire me. I am considered a protected class under the EEOC; of which my employeer is a memeber; my supervisor was unaware of this. I have the right to appeal this according to my job. Can I appeal on the basis that I didn't undterstand?
Answers:
Appealing on the basis that you didn't understand is possible, but not your best course of action. You are in a protected class, so that gives you considerable leverage. You have a separate claim under the ADA. Instead of saying you didn't understand, say you weren't told--or it wasn't fully explained. It doesn't sound like your pre-determination hearing (apparently just a meeting with a supervisor) met the due process standards of Cleveland Board of Education v. Lowdermill. I read your previous questions. Based on what you said, you have a good cause of action before either the EEOC or the Arizona Human Rights Commission. I'd be tempted to use the EEOC first, since their regional office is in Phoenix. I'm working off the assumptions that everything you're saying is correct--and I do not doubt that---so the first thing the EEOC will do is hold a mediation. Most cases settle then. Next is conciliation, a more formal process and finally litigation--which the EEOC seldom loses. You should strive to get your job or a similar with the City. Why? Because the mediation can result in an agreement that protects you forever. I represent a County in a neighboring state and I know of 2 employees that we cannot fire except for really bad conduct--like drinking on the job---because of an EEOC agreement. You're entitled to some monetary damages, but I con't tell you how much. You could check with a local labor law attorney--the EEOC can make the city pay your attorney fees. That's really common. You don't need an attorney for the EEOC, but it's helpful to have an advocate. Use your state's equivalent of the Freedom of Information Act to get tapes/transcripts of the meeting with your supervisor. If they didn't tape it, they made a huge mistake.
Instead of focusing on your past employer focus on improving yourself and the things that got you to where you are now. If you focus on personal excellence you will get farther then focusing on the past.
Make a list of the things you could improve on...
Language skills
Organization skills
Being the best at what you do
Being on time
Learn a new skill
You have every thing you need to succeed...go do it.
If you are protected under the EEOC,then fight it!!
Or if you aren't sure you are then contact them.You can also go through channels..Is there someone above her?GOOD LUCK!!
The fact that no time was allowed to demonstrate your willingness of correcting your work habits is in your favor. (1-day to 3-day time frame). This establishes a management position as set-in-place with lip service to you from the first meeting. I do think you have a case. However, it is not so simple to prove. You would have to hire an attorney (hopefully find a low cost one through family or really close friends), perform interviews and document your treatment. (E-mail, and other written supporting media), and start a dialog with the current management who made the decision to fire you. It would be a long, frustrating, drawn-out process with mixed results and a possible “not so good” reputation for you. Currently, I would recommend going to the EEOC and filing a complaint to document your situation. Then I would talk to the EEOC staff who are trained in handling HR issues like this. If your previous company treated you in this manner, they probably will continue to treat their current and future employees the same way. The EEOC could become your advocate and their staff could also help in giving you a good recommendation for your next employer. Frankly, if it were me, I would not want to go back to work for that company. You may be willing to change/improve/excel. My bet is that they would not want to do the same and they would become bitter that you would prove them wrong.
The EEOC doesn't protect you if you are unable to do your duties after being officially warned in writting.
Did they warn you about thing you were doing wrong?
What do you mean by "habbits"? What did you do wrong?
Whe you say "why placed as a sub" What did you mean?Were you asking to be promoted or what? Be more clear.
You don't say whether you have a contract with your employer or were in a union but sometimes unions have agreements with employers specifially laying out what the employer has to do to terminate someone - i.e., lay out the reasons why they were fired and give the employee a chance to respond, etc... Also, you can file a grievance if you were in a union so I would do that. The only time that you would prevail in an EEO is if you others not in your protected class were treated better under similar circumstances. You don't say if this is the case.
If you were not a union employee or did not have a contract, in most states in the u.s., they don't have to give you a reason to fire you and it doesn't matter whether you understood or not. It's called "at will" employment.
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