Q: Do I have a case for wrongful termination based on gender?
I'm a service tech for a franchisee of Panera Bread and Wendy's. I worked there for 18 years. 2 mos ago my boss announced his retirement and his supervisor chose me to take his place (email proof). Right before my supervisors retirement date his boss quit. Someone from another department took his place and decided he didn't feel comfortable with me being in charge despite never having worked with him and having excellent performance reviews. Thursday I get fired because they're "eliminating my position". I asked why me and was told because I don't have a refrigeration certification. There's four of us in the department and I'm the only female. One of the guys has no certification and less experience but he wasn't terminated and I am the only one trained to work in both brands. This isn't the first time they've been biased. 2 yrs ago someone with less experience and no certifications was hired at a higher rate. I spoke up and was given a pay increase and retro pay. Do I have a case?
A: You may have a claim for gender discrimination under Title VII and state law, but more information is needed to fully evaluate your situation. You should contact an employment attorney in your area as soon as possible to discuss your options.
This is the classic flim flam. You need to file a gender discrimination and RETALIATION complaint with your state anti discrimination agency or the EEOC as soon as possible. You may have only a short period of time to do so, the EEOC is typically 180 days, some state agencys are longer. Not only is there evidence that you were being treated differently due to your gender when they fired you but kept the lesser qualified male, but there is evidence that they were motivated to retaliate against you because of your prior complaint on the pay disparity. Not only does Title VII protect you from this kind of pay difference but there are wage laws that prohibit employers from maintaining two pay scales, one for men and one for women.
Just from what you have said there seems to be sufficient evidence to bring a case. Contact a local Mass. attorney as soon as possible. Gather all your notes. Write up a report about all the details for everything you put in this posting, for your attorney. Don't show it to anyone else, it is attorney confidential communication. Go get 'em, you cannot let them get away with this stuff.
Was the new supervisor related to your replacement in any way?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.