Employer Rehire Discrimination Case

Summary

If your employer refuses to rehire you based on a false felony claim, it may be considered discrimination, especially if you provided evidence to the contrary. In Chicago, you can file a complaint with the EEOC for discrimination. If the refusal to rehire is due to whistleblowing, it may be considered retaliation, as whistleblowing is a protected activity. You can file a complaint with the OSHA Whistleblower Protection Program. Document all communications and consult an employment attorney for specific advice.

Full Conversation

post termination I submitted a grievance, and the employer decided to rehire me two years later. However, the employer advised I had a felony and was not able to rehire. I provided evidence that I have no felonies but employer refused to rehire me. What legal action can I take?
Hi ****! You might have a case for wrongful termination or discrimination. Here are some steps you can consider:
- Document Everything: Keep all communications and documents related to your grievance and evidence of no felony.
- File a Complaint: You can file a complaint with the Equal Employment Opportunity Commission (EEOC).
- Consult an Attorney: It would be beneficial to consult an employment lawyer for specific advice.
Would you like more information on filing a complaint with the EEOC?
how is it discrimination?
Discrimination in this context could be due to the employer treating you unfavorably based on incorrect or unfounded assumptions about your criminal record. Here’s why it might be considered discrimination:
- False Assumption: The employer is refusing to rehire you based on a felony you don't have.
- Unwarranted Treatment: Despite providing evidence, the employer continued to reject your rehire.
Would you like more information on how to file a complaint with the EEOC in Virginia?
How is this a wrongful termination?
In Virginia, wrongful termination can occur if the employer's actions violate state or federal laws, including discrimination laws. Here’s why your situation might qualify:
- False Information: Your employer's refusal to rehire based on an incorrect felony claim could be seen as wrongful.
- Discrimination: Refusal to rehire despite evidence could be discriminatory.
Would you like information on consulting an employment lawyer in Virginia?
what if this matter happened in Chicago
Case Rating: *.
If this matter happened in Chicago, here are some steps you can consider:
- Document Everything: Keep all communications and documents related to your grievance and evidence of no felony.
- File a Complaint: You can file a complaint with the Equal Employment Opportunity Commission (EEOC).
- Consult an Attorney: It would be beneficial to consult an employment lawyer for specific advice.
Would you like more information on filing a complaint with the EEOC in Illinois?
what happened if I was not rehired due to being a whistle blower
If you were not rehired due to being a whistleblower, you might have a case for retaliation. Here are some steps to consider:
- Document Everything: Keep all communications and documents related to your whistleblowing activities and the employer's response.
- File a Complaint: You can file a complaint with the OSHA Whistleblower Protection Program.
- Consult an Attorney: It would be beneficial to consult an employment lawyer for specific advice.
Would you like more information on filing a complaint with OSHA?
how is it retaliation?
Retaliation occurs when an employer takes an adverse action against an employee for engaging in a legally protected activity. In your case, if you were not rehired due to whistleblowing activities, it could be considered retaliation because:
- Protected Activity: Whistleblowing is a legally protected activity under various laws.
- Adverse Action: The refusal to rehire you is an adverse employment action.
- Causal Connection: There must be a link between your whistleblowing and the employer's refusal to rehire you.
Would you like more information on filing a retaliation complaint with OSHA?