How to Prove Discrimination at Work

This video is about how you can prove that you've been discriminated against to HR or management.
The Ultimate Guide to Discrimination Law (video) - • Workplace Discriminati...
Branigan's Discrimination Guide - brobertsonlaw.com/practice-ar...
How Much Money are Discrimination Lawsuits Worth? - • How Much Money are Dis...
How to Complain at Work - • How to Complain at Wor...
Pretext in Termination - • The Law Behind Fake Re...
Reverse Discrimination Explained - • Reverse Discrimination...
CA Discrimination Law Explained by a Lawyer - • CA Discrimination Law ...
The Difference between Discrimination, Harassment & Bullying - • Harassment, Discrimina...
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Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers.
Visit his website at: brobertsonlaw.com

[@misterg932]

All my black folks watching this video right now, hands up! 🙋🏿‍♂️

[@therealvirgoqueen6553]

🙋 HR DON'T GIVE AF

[@32lara32]

racist comment.

[@tinabaygboe6879]

OMG. I’m actually dealing w micro aggressions, bullying and discrimination at my job rn. The crazy thing is the nasty, toxic behavior started w my black client whom I tried advocating for as she was actively being criminalized so that she could be kicked out of the school/program. Then as soon as I spoke up the targeting and bullying started w me. I’m so sad and confused on how to go about this bc it seems like I don’t even know the ppl that I’ve worked for the past four years now smh.

[@Theinsomniac826]

Hey🙋‍♀️

[@s.tiaira9081]

🙌🏽😞 just got fired because I was black and have a disability

[@rhinowatches9738]

I been at my job for 20 years. Numerous times I have seen discrimination towards myself. In 2015 I was caught using my cell phone out on the floor witch I admit it was wrong.I had no choice using my phone since management did not have someone relieve me for my break . So I caught using the phone and the supervisor takes me to the office. I thought I was going to get written up or maybe get suspended but management decided to fire me ! My union rep filed a grievance for wrongful termination and after being away fired for one whole year, the union got me my job back and received back pay.

[@andreasandoval4433]

Nice 😊

[@Tajagee123]

Praise God 🙌🏾

[@cedricwillis493]

This just happened to me last week similar I was on cell phone had emergency call manager walks in says am I on my lunch i say yes cause my mind d was lost cause news I heard then later on I went to my full lunch many people I work with take longer breaks all the time everybody on their phone on my team and suppose to be working the managers knows it

[@cedricwillis493]

And suppose to be waiting for meeting from hr I got a call from hr and was ask questions I filed for agrievence they can't call me ask the questions over the phone

[@cedricwillis493]

Also another manager went against my weingarten rights when I ask for a shop steward I have a employment lawyer to

[@user-qr6zh9ev8k]

I’m dealing with it right now. The worst part is somehow I feel like I’m in the wrong for speaking out about it.

[@jaywest3734]

Me too, and I still don't know if there is anything I can do. I'm gay and am considering a lawsuit against my employer but I have no exact proof of discrimination apart from the fact that I've been given no training, offered no promotions or given any real extra responsibilities. I want to sue or make a complaint at some point but I'm afraid I'm shit out of luck.

[@chrissimpson6701]

Im going through it right now I went to Corporate, its about to be world war 3. I am a black, Christian, Woman, with strong work ethics, I also exposed the quiet racism. On top of it, Im pretty.

[@chrissimpson6701]

@@jaywest3734 Hang in there Jay, I will pray for you.

[@luischavez9836]

@@chrissimpson6701 let me judged if your pretty

[@babbler1488]

@@chrissimpson6701 dont entertain faceless ignorance .

[@dailydadastories]

They don’t fire you ! They put you in closet until you leave on your own !

[@renegadesway153]

That one, no credit for all ur HARD WORK

[@bludragontruck9743]

Exactly!

[@LastAdinkraWarrioressStanding]

Boom

[@themanbehindthecurtain3333]

So true

[@JimmyJaxJellyStax]

Absolutely. Management runs meetings in the mindset that you're already gone. Even a simple "how are you" gets a silent treatment of "how are you still here?"

[@silentkashful]

All of my black brothers and sisters here because of one form of discrimination or another God is with us God is for us we will win amen and amen! In Jesus name😇😇🤑😎🤺

[@maurice2014]

Discrimination is more than race and color…

[@MattLegalFriend]

Your videos are just damn excellent. I hope you never stop putting in the effort you do to educate employees in California of their rights in the workplace.

[@BM-vs5jg]

The worst part is if you are discriminated by verbal communication or body language, then you can't really proof your case.

[@braniganrobertsonlaw]

While you are correct in that it's more difficult to prove verbal discrimination, it would be inaccurate to say that you "can't" prove a verbal discrimination case. You certainly can with witnesses, solid pretext, depositions, etc.

[@BM-vs5jg]

@@braniganrobertsonlaw I didn't mean can't, I meant harder. Sorry, I lost a job after 4 days of employment because of verbal communication and body language. Still feeling upset

[@chrishudgins8156]

@@BM-vs5jg dude this just happened to me and it was because “poor performance” and I’m through a temp agency called express… which makes me a at will employee and it’s like I’m not explaining to the receptionist at the law offices in texas. I was threatened, harassed and I was the only black African American… no direct proof. I was contract first a specific start and end date for my evaluation hire… I don’t know what to do. His pretext is something I can back up

[@cautiontothewind277]

Narcissistic abuse is what it really is

[@jameslaiola4976]

Sadly yes.

[@Spaceface3]

Some bosses just like feeling and engaging in that power trip, knowing your just an employee, straight up, them folks feel out of place when they don’t feel that power.

[@piyaram4195]

I am facing the results of having stood up against racial discrimination at work. I was a contractor in a fortune 100 company. I got laid off as soon as I reported the manager for being discriminative towards me. And then my employer just washed their hands off me. The recruiting agency is a Fortune 500 company and talks about diversity and inclusion. Such a hog wash! It has been 1.5 months now and my recruiter still tells me that he is unable to find any roles that match my profile. I am in tech for gudness sake!!

[@samnur6957]

What race are you ?

[@Reginoid]

@@samnur6957 What difference does their race make? Is there an exception?

[@MR-nl8xr]

what if HR is the one doing the discrimination?

[@Lotusflowerwithlove]

Same

[@johnblah1040]

You sue them

[@Veldazandtea]

With the way they double speak and avoid answering questions they're likely liars by default. People like that are easy to manipulate for someone like me. I wouldn't even need a lawer. I'd break them and they'd wonder if they live a lie. It's actually a good question to ask to a liar. If your logic has been adding up where the other persons hasn't then they'll start thinking.

[@StashieMusic]

My hr told me leave the compound

[@Ezekiel-rv3pe]

​@@Veldazandteawhere I work the favoritism is off the charts

[@VAOdin]

Great video. However, most companies usually start a paper trail against the complaining employee by starting to claim that their productivity, work quality, etc. are not declining, worsening, "insert any negative commentary". Companies do this to establish a defense for firing an employee with legitimate complaints. This is something I've seen in every single company I've been with. What does a person do in this kind of situation?

[@privacyfence5377]

Always document daily tasks and photos keep logs

[@themetatruthengineer1442]

I just got laid off for unsatisfactory work. And for that I mean, they claimed my work and data was unsatisfactory (which wasn't true), that I lied to people (not true) and that I didn't trust some employees. The lab technician continues to slander me to upper management, and I have proven that they have harassed me.

[@outlawblack123]

Told I sounded like a Yankee all my life. Lived in the South and I was explained this very thing was happening to me but I didn't believe it. Started interviewing for the same position outside the Confederacy and was getting completely different feedback from my interviews for the same position and company just different locations. Now doing a generous six figure job.

[@barbiedoll5766]

I didn't get fired I was drove to resign for my mental and physical safety.

[@SakhaGaming]

I've needed these videos more now than ever, I will be contacting your offices ASAP, looking to hostile work environments for seniors and possible racism discrimination.

[@mikaeyagi917]

I am very grateful to find this channel. I filed my claim to HR in June and things have been going very slow. I need to give you a call definitelly!

[@maurice2014]

EEoc before HR

[@jaliel0007]

At my job im payed less then everyone who does the same job as me to include new hires and I’m made to work twice as hard as everyone and if I ask why that is I’m called lazy and a complainer when even my coworkers notice it I really want to do something about it I’m so tired of busting my ass just to be belittled and threatened on a regular basis by my manager.

[@vicvega24]

Just quit if you don't like it there.

[@jaliel0007]

@@vicvega24 I did months ago fuck that place I got my cdl and am making great money now 😁

[@nurishnowrah1077]

@@jaliel0007 congratulations ❤

[@leorodz9587]

That’s me at my job I get all the crappy job while everyone get easy task and be on their phone and taking extra break I got tired of that and quit last week now they be calling phone since last week trying to talk to me I send them straight to voicemail smh…

[@Ced106]

Sorry you getting treated like that but if that's the case they'd prolly rather have you an many others like you doin all the hard heavy stuff for free pretty much it seems

[@katierandall5197]

Great video with great information. Now I have to go watch all of your videos

[@AmitavChowdhury781983]

Awesome with great presentation!!!

[@everpisceswen]

I absolutely enjoyed all your videos.

[@JimmyJaxJellyStax]

There's quiet quitting that's often just a healthy response to a quiet firing prior. No question the execs have some off-the-record awareness of who to nudge away from the company.

[@fabianlawstudies9497]

Thank you so much for sharing! 👍🏾

[@loreeann3271]

Thank you for this, although I live in Illinois, I had to quit because of the harassment. I for sure have a case. Thank you! ❤

[@skg5067]

Love your podcasts great information

[@alclsehsemf]

I am repeately watching your expert that I admire your work because you are the best explaining about discrimination case how to approach and prove. You are awasome and give me a hope. Unfortunately I am living in Canada but I belive the same idea has all round in the world about Human Rights. Thanks very much. I love you.

[@Queensley]

I got a case so far and if I’m fired I will be reaching out. I’m in Los Angeles ❤️

[@kingdomwarrior1651]

Thank you so much for your video,I need this so bad right now.

[@cleomakeup]

Thank you for sharing all this information , God bless you

[@dbag16]

Dr Branigan your videos are really helpful during this difficult time for me, I'm kinda close to trial for discrimination against disability. Your advice has helped me understand what my lawyer has done and continues to do-- he is great. One question I was hoping to get an answer on, I was fired from an internship but then was dismissed from a graduate program, so it's a bit different that just employment law. Do you think most of the advice still applies from this video and a few others?

[@EagleeyeMiller]

What happens when you’ve contacted every lawyer in the google search list and they all tell you the same thing “we can’t take your case because our case load is to full” and I have right to sue letter from the eeoc but only hard thing about my race discrimination case against target is that I can’t find a contingency lawyer or lawyer to fight for me this is a cold world. Your videos help me throughout my whole case

[@lindaburnette195]

You can sue as an individual

[@KO-im6sm]

There’s a website where you can state your case. I cant remember what it was. Id say dig around

[@buicklincoln]

I'd write to the company saying that you have gone to the EEOC because you have not seen relief regarding your complaint and then say you are going to the media. Contact your local news station and write to them about your race discrimination case against Target. They'd love to tell your story because it's a race case vs. a large employer.

[@Ced106]

Because to them your the problem the enemy a Terrorist savage criminal believe in yourself all you want the system they work for is targeting you not trynna help they all in on it

[@prodson8310]

You seem to be getting some guidance. Maybe I can help you as well. What exactly happened? This will help us understand the root of the problem. And by that I mean other than the systemic racism in this country. Help is to understand

[@drilltalent9268]

Masha Allah One of my favourite songs. Recalling my lost love. Your voice is brilliant. Listening to it again n again.

[@pokemoore5550]

You have helped me so much thank you!

[@koreabae3734]

I am currently going through an issue where according to the job advert, I was qualified for the job, however, they were not prepared to train/ onboard anyone in my position. I was about 1 month in when I realized that no one was covering the work that I was supposed to be doing after training. It was at that point I also realized that we were grossly understaffed. There has not been permanent leadership in over a year. Over the last 6 months, I have gone through 3 changes in leadership setup. 1 male from another department. 2 females from the same department and the male continuing on, the one of the females staying on and everyone leaving. The latter has been the problem. While the previous person couldn't train me, the current person refuses to train me and instead gave me a written verbal warning. They even went back to give me a warning on things that were understood to be fine during the time I was reporting to the male. I am not the only POC there, but I am the only black person. I am going to talk to the president this week.

[@25jesika]

Great information!

[@CarlKem]

Branigan, if I ever move to California & get discriminated against (again), you'll be the first lawyer I'm calling!

[@johnturner1848]

Nobody will sack you because you are black or gay...they are not that stupid....they will find a mistake or wait for other suitable occasion to fire you. The question is how can I prove it?

[@vikkicarr3255]

Exactly!

[@Reginoid]

The word find should be in quotes because they will fabricate a reason to justify your termination. I worked for as a senior engineer for a company for 6 years, no adverse evaluations, but there was discrimination. My company had strong policies against discrimination and exclusion, I never notified HR that I was being treated unfairly because I wanted to ignore it and not be signaled out, and I just thought that I continued to work hard and do my job that the people around me would suddenly and magically begin to see and value me as an equal. Even though I was a great engineer, my excellence was only enough to make me invisible. After 5 years I stated my opinions about my work circumstances honestly in one of those "anonymous" employee surveys, that marked the beginning of the end for me. You see, I was the only black engineer at that company, I was good, I had to be. My manager composed an elaborate work of fiction and called it an evaluation, as a result I was given a 30 day probation period. I successfully proved in writing that everything my manager alleged was false with factual evidence. After I proved the evaluation was false the result was that the reason for my probation was changed to, as stated by my manager's supervisor, "this is because for the past five years the rest of your team was doing all the work". I told him that that is definitely not true, it was easy for him to say because all of them had quit because of the management. Shortly after my probationary period the company had a round of layoffs and, of course, I was swept out with that group, neat and tidy, hard to prove. HR never actually listened to me but kept saying "if there is anything I can do to help, please let me know". The lesson here is act early in writing, get out if the company culture is inconsistent, and policy doesn't match actions.

[@unityaboriginelove6595]

@@Reginoid - This is happening to me now, and I'm in the tech field like you. I recently used my employee benefits to acquire my MBA and I just finished last week. They signed-off for the MBA but they didn't think I would finish, now they have egg on their face. Of course, my quality of work is poor and not done in a timely manner since I got my MBA. I'm 3 years away from full retirement too. The entire culture is unethical and illegal. I'm going to complaince not HR and file a complaint to try and save my job before they fire me.

[@Reginoid]

@@unityaboriginelove6595 yes, that is a good idea, I almost reported my company to the government but it was already too late then, my manager had set his plan in motion.

[@pearsonkevin4699]

Very nice video. Thank you sir and your service to the world.

[@Aisha2178]

This is extremely helpful thank you

[@Lavenderlight1]

I been standing up for myself for 13yrs And have gotten no where it’s draining and tired

[@macavalli2619]

A Great change is coming; people are waking up to their rights and these corporations will find out they are servants to the silent majority. Just keep fighting 💪 💜

[@njtaperchick1]

I'm dealing with discrimination and nepotism in the workplace right now. it sucks. its a small company and all the new hires are commissioners family/friends and our office manager is friends with commissioner too. I'm afraid as soon as I file a complaint will be retaliated against. I have one boss (who the problem is) and his boss is the commissioner (who wants his people in and are now in the process of being hired). there is so much shit that goes on, not with just me but people who put applications in for past job openings (who actually have experience in the field) that didn't get the job because they give it to their family and friends. then the bosses soon to be SIL who has only been here 3 yrs has gotten $7,000 in raises and I have the same certifications as him and I've been here 7 years longer than him.

[@angelitolozano8742]

Awesome love all your videos

[@EnchantedMirrorTarot]

I have a pretty cutt and dry case of religious discrimination then. I have ton of evidence. Thank you. I wish I had you here in West Virginia. I hired a lawyer. I feel he is good.

[@morganfox2279]

Thank you, it s really helps me 🙏🙏🙏

[@jogabonito13939]

Do discrimination cases apply if the employer behaves discriminately towards you in an investigation into allegations? ie. fail to provide proper notice of charges, fires you and not the other co-worker for violating a policy, etc?

[@cedricwillis493]

I just went through the same shit gets me but not others violations of the company but thel l be calling me to tell me what the resolution is going to be soon

[@jameslaiola4976]

This is a very good and informative video. I very much appreciate it. Have a great day and thank you.

[@momyour69]

@branigan I don't know what I do without you

[@libertyborela4836]

Very helpful , very clear. Thanks 🙏 Blessings

[@TheOneTrueAJ]

Very good and thorough points. Discrimination is a claim thrown around far too often. This will weed out the fakes.

[@Ced106]

What you mean by this 🫤

[@Veldazandtea]

@@Ced106 They mean people claim to fire you for other reasons instead of the real reasons. Suddenly someone just so happens to get fired for being late soon after it was found out they were gay. etc.

[@iqrasiddique9405]

Well done 👍

[@Michelle-jz6gw]

I am so glad that you are located in Aliso Viejo

[@agataw.2095]

Do not stop. We need you. AND COME TO NY!!!!!!!!

[@stewartkeskitalo9757]

I am a veterinary professional who has had several board appearances since retirement age. I came into a situation where I was the new head of a practice. I ran into a lot of resistance. That led to board complaints. I had complaints at the beginning of Covid 19 because everything became curbside. The board could only come up with record keeping as a complaint. But in the administrative hearing ; I was asked by the board head ; a veterinarian, “. What year did I graduate? As well as When do plan to retire permanently? . Is this proper?

[@DavidHernandez-ho8lb]

◾Very educational..... Thanks!!!

[@monicaa6345]

Best video I’ve seen

[@SW-rv9mf]

Exceptional video. Clear, conscience and applicable. Thank you, Sir!

[@thelma4]

Straight and simple 👍😊

[@Stevenfrijol]

I work for a company that sells and distributes packaging. I have been working for this company for 29 years. Many of the people promoted are friends or relatives of someone in Management. Many safety rules and regulated are not followed, but I do not want to call OSHA , because I do not want to lose my job.

[@Skydiva692]

From the state of Florida…… Thank you!

[@wenjinzhou7924]

Very helpful information

[@blessed2673]

Love this guy.

[@vegas9440]

I have a couple of questions is the company required to hand over communication documents

[@Rovtful]

Awesome stuff. I am teaching a class and using your videos. Well done!

[@thehoneyeffect]

Is there an English version of this vid?

[@jaylenlenear7850]

I'm nervous because I wish i saw this video earlier. I could lose my job this week. It wasn't written but I do have proof that I spoke with someone (customer service agent) about the potential discrimination I've been under(does that count). I feel terrible for speaking out even tho I'm the victim because enough my clean record of never being fired is at risk

[@cedricwillis493]

I'm going through same crap which is total bullshit fire the good worker and keeps the bad worker favoritism double standards discrimination

[@bmcgrawth]

Do you do Fed or state court? The title 7 protects you if you file to EEOC and get fired in retaliation within days. Even if the underlying complaint was not illegal and it’s only done in good faith.

[@husseinmohamoud7937]

i am one of the most influential people in Somalia i amine of the humanitarian workers and i still feel the challenges from the staff who are more discriminating with me than the rest of society So, since I watched a video of you talking about discrimination in the workplace, I kindly ask you to advise me. Thank you.

[@mrs.sutton4393]

I had a company vehicle they got took an away right when I was going to come back to work. Without any notice supervisor came to the home, I was told by HR that that was Inappropriate. Now I am back at work, other people have gone on disability leave but they continue to get to keep the company vehicle and come back to work. When speaking to HR the company vehicle is supposed to be taking two weeks after the person leave. Is there any Discrimination and unfair treatment or unfollowed policy for other employees.

[@excellence_is_me]

Awesome video... I need to see what is protected characteristic

[@a3teni3alatawahini]

Age is one of them.

[@cedricwillis493]

I'm suppose to waiting for a suspension pending investigation meeting so I get a call on my phone from hr and was asking me questions and he has my statement in front of him and says a manager from my dept will be calling me with the results if I'm going be kept their or let go

[@anthonykoeslag]

thank you

[@naw800]

I came to USA with CGFNS Visa Screen certificate, acquired US citizenship years back, license to practice in 3 States including California. On entry to work, all requirements were met. In 2017, everyone got promoted except me because I am required to submit university transcript to CGFNS as credentialing school to make sure I am legal in USA according to HR. My certificate met federal standard base from CGFNS. Then HR admits the credentialing school given to me during my entry ( in 2009) was their fault and need to update. Worked for more than 11 years in this company. I find this unfair.

[@twinsweare2]

How would I know if the employer "papered up" my employee file? I've asked for records, and they have not provided them to me.

[@lostsoul2384]

i was at the food truck on lunch at my job and the guy didn’t want to serve me .. he served everyone but me . i let HR know that i was discriminated against and she told me “it’s all in my head” months later the food truck guy called the few black people we have a nigga in front of management and they finally got rid of the truck only because a manger was there. but after that it’s been ongoing discrimination and in trying to build a case

[@user3657]

When you say civil, you useally file in local courts? Is there any benefits filing in federal courts?

[@Lavenderlight1]

I wrote a complaint to HR and via e mail And none thing took place

[@ntxhaispaaj]

Ignoring a complaint may be an EEO issue.

[@jerrycarter789]

@@ntxhaispaaj something happened.You secretly have become a target.Log everything from now on.Dates,times and any witnesses

[@lil_wooddale44]

Hello Mr. Robertson, I’m currently an employee (3+ years) and have been forced to leave my position after a new Plant Manager was hired. I was told that the reason for the move was because he wanted to bring another Mechanic in on our shift..I was also told to keep this between me and the Plant Manager, by the Plant Manager, which raised suspicion in me..I’m also making less money than new hires and temporary workers hired for assignments. Is there anything I can do about this?

[@jalysax220]

File a complaint with EEOC

[@user-sq9qn2di4s]

I have videos of me being discriminated against how do I get it in the discovery process do I have to wait for the production of documents

[@transfigurationyah4193]

Very Helpful. Thank you.

[@mrjamma]

when filing with EEOC is it a federal case? can a lawyer represent someone in a different case because its federal?

[@kandiforeman615]

I have a solid case just dnt know where to get the proper help

[@tijeraslack3]

@@keepseak_ret7772 Thank you! I will be contacting the EEOC and VA.

[@g41133]

Is it worth complaining to HR if the behavior of the coworker is disrupting workflow and productivity? The supervisor tried to resolve the issue but could not.

[@alanapersad]

Are there industrial relations consultants available?

[@jgmatp]

Check this one out.... yea it's from 2004 and in NC. I would do it again in a heartbeat only to discourage this employer from doing anything like that in the future, and yea I had to navigate it myself with only the help of the EEOC.... EEOC was extremely helpful. An exercise in real life legal “chess” follows. I decided to capture it on my lunch break. Wacky but very true: Oct 2003, I was diagnosed with Hodgkin’s Lymphoma, unable to fly, per FAA, during treatment (I was a professional corporate pilot at the time). Notified employer/CEO in person of my circumstance (fyi, this is a family owned business). CEO told me to take disability, get better during treatment. CEO told me they’d get a temporary ‘contractor’ during my absence. CEO assured me I could return to my employment after treatment ended and FAA medical clearance was obtained. Employer/CEO did not offer any work alternatives. I notified employer/CEO approximately 1x per month of treatment updates, and expected treatment finish date with return-to-work plan. In June 2004 I received FAA medical clearance to return to work. I notified employer. CEO invited me to meet in person, 1 day after my notification of intent to return to work. During meeting, I was told that employer would be using ‘contractors’, and that I would no longer be employed, because the ‘full time employee’ position was eliminated. I was offered 3 months of remaining on the payroll as ‘severance’. Through some investigation of my own, I discovered that the ‘contractor’ (per IRS rules), was classified as an ‘employee’ who was being paid ‘under the table’ (illegal tax avoidance). I asked for and received a signed, company letterheaded, letter of recommendation detailing my excellent performance on the job and the company’s elimination of the pilot position. I contacted the IRS in person and discussed the employer’s tax avoidance scheme. I discussed ‘contractor’ vs. ‘employee’ and tax implications with employer/CEO, and my concerns about discrimination with regards to my employment. CEO dismissed my concerns and told me “You’re lucky you’re still on the payroll. Most people would have been let go immediately” - This is verbatim from the CEO of the company at the time. I filed a charge of discrimination under the laws of the ADA (Americans with Disabilities Act), with the EEOC (Equal Employment Opportunity Commission). I also consulted with an employment law attorney. The attorney advised of the At-Will employment law, and the challenge of overcoming the ‘burden of proof’ that rests with the employee in this circumstance. Through the ‘grapevine’, I discovered that the ‘contractor’ was fired. This occurred at about the same time the discrimination charges were delivered. This was still during my 3 month ‘severance’ window of which I was ‘technically’ an employee. I filed for, and received, unemployment benefits after the ‘severance’ ended. I discovered that the employer truly did eliminate the pilot position, even though they now had a multi-million-dollar airplane that sat without a pilot for about a month. I was notified of an opportunity, via certified mail, to interview for a pilot position with the employer (the same position I held prior). EEOC advised me to interview (in sum, unemployment benefits law dictates that you cannot turn down employment). I applied, interviewed, and was turned down for the job. I was told that the company decided to hire a more qualified applicant. EEOC advised me that the company could likely offer me a different (non-pilot, possibly minimum wage) position, and I would HAVE to take it or lose unemployment benefits due to unemployment law. I elected to voluntarily cease unemployment benefits for myself (yes, it is getting expensive at this point with no income, having to pay for COBRA insurance on top of that, medical deductibles, you name it….). With a pre-existing condition prior to the ACA, there is NO other feasible alternative to COBRA. I was also interviewing with other companies at the time, trying to find employment during this entire process. By voluntarily ceasing unemployment benefits after I had interviewed, the company HAD to avoid true discrimination (a retaliation charge, technically) by either: 1. Employing me or 2. Employing no one, for the pilot position. The employer elected once again to employ no one and let their airplane sit. I had to laugh about that a bit, just imagining the other (more qualified) pilot that had been offered the job but was never paid and had his job offer rescinded. The absurdity… LOL…… BUT still legal. After some time again, around January or February of 2005, I was invited to discuss the matter with my former employer’s attorney at the EEOC office. I accepted the invitation. I was offered the job. Coincidentally, I was already employed at a new employer. Therefore, I declined the job offer. Besides, who would want to work for an employer that hires and fires several times over per year. They could now legally justify that as ‘normal, non-discriminatory behavior’ for the position since they did it to 2 other pilots also. I could just see it now, taking that job back and getting fired again the next day…. *P.S. Here’s how the conversation went in the EEOC office with the Attorney: Attorney and I talked a bit (I have the notes somewhere I’m sure) then it came to this: “We would like to offer you the job in exchange for release of the charges” My response: “I would consider it. I would like to speak with him first (CEO)” Attorney’s response: “I’ll see if he’s available” That was the end of the logical part. After a week had passed, I had heard through the grapevine again that “some pilot interviewed but didn’t want the job” The unspoken logic from above is: 1. CEO was “not available”. 2. I didn’t release the charges for another week because I didn’t want the job (and didn’t want it advertised to my new employer that I had accepted the old job again). 3. I did release the charges after I heard about “the pilot that didn’t want the job” (ME, of course), because they were worthless at this point anyway. Notes: Always get a letter of recommendation first. THAT was the essential catch to all of the rest. I couldn't just "go away". That is 'immoral' in my book. Final thoughts: Scary experience for me at the time, but on the other hand……. IRS audit of a 2000 employee company + legal defense + letting a company airplane worth 5 million sit for 6 months + Listening to former co-workers, friends, etc. use descriptive language about (CEO) such as “Dirtbag”, “Worthless”, “A-hole”, “Jackass”, “What is wrong with (CEO) lately?”...... priceless.

[@sandeep4440]

Brilliant !! If I am employee in some other country (outside America) and I got facts of discrimination against my supervisor who works from California based office. Can you still help?

[@braniganrobertsonlaw]

Unfortunately, no. You would have to find a lawyer in your country.

[@cadillacmonte]

How do you do this towards a school district?

[@michaelbowen9653]

how do you find a job with bipolar disorder, PTSD, Depression, anxiety, the list goes on, I dont qualify for disabilty becuse I have to much work points. But ive been unemployed since 2022 ive applyed for over 6k jobs online an in person everytime i fill out paperwork it asks do you have a disabilty ive said yes but the jobs ive said no i get an interview when they ask about medications ext considering drug testing i have to say xyz so i dont get the job. Im living on one meal a day just to feed my kids 3 meals the 3 days a week i have them but my savings are gone im barrowing money just to keep my house what does someone with mental illness do?

[@iceblue9075]

What is it called when you are protected class. You start making complaints to your supervisor and HR because your approved accommodation hasn't been implemented (been several months) but then get terminated for an unrelated incident where an investigation was done but you were never interviewed but just fired? It looks like the company could fire them for performance because of the accommodation not being in place so finds something else to get rid of them. How can an employment attorney help when a company finds a way around the protected status?

[@braniganrobertsonlaw]

It's called pretext when an employer says you're being fired for something fake (like bogus performance reasons) but is really firing you for a discriminatory one. I made a video about pretextual terminations.

[@sachsunil]

Mr. Robertson, your video is quite helpful!!!. In my Wrongful termination and retaliation case (2014-2018) a second cause of action was related to wage discrimination based on gender/race was not brought up due to "motion in limine" . Even though my salary is significantly low compared to others in my department (same rank/experience) do I need to file another lawsuit. I have a "right to sue" letter from DFEH. I have collected information on salary differences. What else do I need? please respond

[@unityaboriginelove6595]

I'm going through this right now, how was your cases handled? Did you get back pay?

[@sachsunil]

@@unityaboriginelove6595-my case was not handled well. Many attorneys I spoke to said "you should sue your lawyer for malpractice ". My case is not settled yet as I don't have a lawyer right now.

[@unityaboriginelove6595]

@@sachsunil - I'm so sorry to hear about your case. I hope that you will keep fighting to get justice because if not these companies will continue to lowball us and pay us pennies on the dollar doing the same work as our non-black coworkers. My fight is just beginning and I'm bracing myself. I will keep you updated and please do the same.

[@sachsunil]

@@unityaboriginelove6595 Keep on with your case- I am a tenured social work Professor and the university has suspended me_. I need a lawyer who is person of color and can explain the damages - Economic damages-past; economic damages-future; pain and suffering-past ; pain and suffering-future- and how much the university owes to me in these 4 areas of damages - I have been told that in the state of California-government employers- state and federal cannot be sued for Punitive Damages I need a lawyer who is a person of color so that they understand what a hostile environment I have faced

[@tijeraslack3]

But what if you are HR and experience the veteran discrimination? Amazon does not allow you to look at your own personnel record.

[@Ced106]

Because to that system they label you A throw away government property you get find if you get a tattoo without permission they label it destruction of Government property to them You're expendable property All blacks deserve reparations for Government discrimination

[@mondogecko01]

Do you cover uniform and cultural discrimination ???

[@Catherine_Kate]

Your advice is phenomenal. What if the perpetrator is the CEO though?

[@braniganrobertsonlaw]

Great question. I generally tell people to go to the Board of Directors. If CEO is in control of the Board, send your complaint directly to the CEO. I know that sounds awful, but there is not always a perfect solution. But it is very important to complain in writing.

[@Catherine_Kate]

Branigan Robertson thank you!

[@jgmatp]

yep check out my new post. In my case the CEO refused to listen to my complaint. I had no choice but to go to the IRS and the EEOC both.

[@r.d.8480]

Jgmatp, i hope u have a good eeoc investigator, not to happy with mine !

[@usalbert]

I'm hispanic and got fired for the same reason my caucacian co-worker got only a writte up for. I'm suing the former employer for discrimination, I was clearly treated differently. The defended file a complaint dismissal and got denied and they were given 10 days to answer my complaint.

[@esanta4413]

Could you elaborate on what happend

[@usalbert]

@@esanta4413 Case has been settle.

[@cookiew2348]

@@usalbertbefore it settled did you’re investigator request to speak with you about the case over the phone first? My case is the exact same had to go through the civil rights Dept first filed a formal complaint etc. i just got an email today

[@trealwilliams1563]

Yeah good shit man!!! Come to Georgia!!!

[@atolliver91]

I need this a long time ago these things still happen to me....

[@BM-vs5jg]

It happened to me recently. After 4 days of employment, I got let go because of discrimination

[@mauriciomontoya9677]

where can i file i grievance against the firm that was representing me? i am i San francisco ca

[@mauriciomontoya9677]

where can i file i grievance against the firm that was representing me? i am i San francisco ca?

[@mauriciomontoya9677]

atolliver91 sorry to hear you got let go, but this lawyers used a lot fancy words, but that’s all there is, I contacted this firm knowing I had a strong case and was turned down right away.. I got fired due to my mental illness, discrimination, and mostly punitive damages. I didn’t received any advice or help from this Brenagan firm.. good luck to you

[@drakkar_night3346]

What is the proper way to file a complaint if favoritism is involved when others are promoted. My supervisor never liked me when I had nothing to her. Also, does discrimination only apply to termination?

[@skateboarding1976]

I still have the job but they are not giving me hours . They hire a new superintendent and he brought all his buddies and sit me down . Hes been talkinb beind my back and lots of employees has informed me . I informed another superintendent and he didng wanted to do nothing about . What can be my next step?

[@jjg5585]

It’s real I wish someone will take my case . Much worse than only discrimination , attempted murdwr , blocking me from interviewing , defamation of character , hacking into my home pc and phone

[@brittneyseay2766]

They doing things like that to me to

[@Ced106]

I'm getting the same treatment Gaslighting me black booking holding past crimes against me that should have been expunged

[@nicoletolliver8344]

I'm the only black or person of color at my company besides a key player that doesn't work infield. It's gotten so out of hand that even when business partners come to our office. I'm without shame referred to as... Oh, that's nobody but "The Help," in the back (and I have the same title as them) or and without shame make racist comments- Black dog, pet, little helper, the companies pet. I've listened to you're videos in the attempt to know how to handle this. I spoken with the head person in charge and there's been no change. I'm amazed that racism still exist on this level. And I'm praying for anyone on here who's dealing this as I can attest this is very painful but I'm praying for change in the hearts of people.

[@saved4lyfe222]

Where do you live and what field? I’m so sorry to hear about this.

[@sogstreetz7513]

I have a wrongful termination discrimination case pending currently, I have multiple witness statements , pictures etc, this happen in feb. I have a lawyer but how do i know for certain she is doing a good job?

[@braniganrobertsonlaw]

That is a great question. For clients, it is very hard to know if your lawyer is doing a good job or a bad job. As a rule of thumb, if your lawyer is communicating with you, taking the time to answer your questions (don't pester them though), and keeping you informed as to where the case is at and where it is going, then you probably have a good lawyer. However, if your lawyer is extremely slow to respond to you, doesn't have a system in place to move your case forward, or ignores your comments or concerns, then you might want to become more proactive.

[@sogstreetz7513]

@@braniganrobertsonlaw Thank you so much, I usually only reach out maybe once a month with the understanding my lawyer has a heavy workload. As you know most people don't expect to ever have to enlist the services of a lawyer so it gets tricky to gauge like you said what is a good or bad job. Your videos have been the most informative so I look to them to gain more insight, thank you for your time!

[@aquacandela3705]

And what about when that discrimination is done by HR?

[@davidmoran1314]

Right here in my hand

[@RR-nl2ep]

Why am I being told that winning a discrimination or retaliation case in California is damn near impossible? Why are the odds not good? If a judge and mediator are being bias from the beginning, that is a problem. If the facts are in front of the judge, then he or she should not be siding with the agency.

[@senecak1345]

Sadly, racism and ableism is widespread. Regarding racism specifically, a Harvard study found that the majority of people are racist against black people (at least 70% of the majority group are). So it's not surprising that discrimination can permeate even the justice system

[@RR-nl2ep]

@@senecak1345 I agree with that especially after reading some more stats. Very sad!

[@buicklincoln]

the bigger the company, the harder it is to win the case. Big companies try to "out lawyer" the employee by dragging out the case. They know your lawyer is charging you for service and they want the case to take up so much time that you run out of funds to pay your lawyer to keep up the fight.

[@RR-nl2ep]

@My2 Cents Very true. It is even harder for federal employees though. They are so backlogged with cases and just try to close them out even if an agency is guilty as hell. They also know most people will not be able to afford a lawyer. The investigators, AJs and agency all seem to work together to make this happen.