Atoka, TN asked in Employment Law for Tennessee

Q: I was fired from my job a month ago and just now received a separation letter after I made 3 request for one.

The reason given was poor job performance however I received no warnings and received a $2.50 raise just a couple weeks before that. The person that fired me is an African American and she replaced me with an African American in fact her whole team is African American. My job performance has always been excellent until she was hired. Is this discrimination? I am white and over 40.

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1 Lawyer Answer

A: It could be. I think that you need to consult with a local employment discrimination attorney. Race discrimination is illegal. Also, you are in a protected class being over 40 years old.

These cases can be very complicated. From my experience, there are 2 things that really make a case. The first is "circumstantial" evidence of discrimination. That would be your termination. The second item that goes a long way is whether you have witnesses that your boss had told someone that she terminated you because you were white.

Since the cases are very fact intensive, you need to consult with someone locally. Typically, they will do these type of cases on a contingency basis.

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