What is a pretext and how do I prove it?

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Law Office of Vincent P. White

Law Office of Vincent P. White

Күн бұрын

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This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to Federal law as construed within the EEOC or the laws of New York State and should not be relied upon in any way in any other jurisdiction.

Пікірлер: 29
@Momiji540
@Momiji540 Жыл бұрын
Or when you’re experiencing sexual harassment and you have an outburst against your harasser and they then fire you for misconduct after you’ve already complained to them
@safetybuddy
@safetybuddy Жыл бұрын
It can help in most situations to put your complaints in writing and email them to the appropriate person within the company so that you have documentation and proof of some kind. Also I do not believe in keeping things in house anymore. I now believe that as soon as one can file a complaint with a government agency that grants one protection under whistleblower laws that one should do so. HR gets paid by the company so they are most likely going to be biased and have potentially been trained to see a complaining employee as a problem instead of someone that needs help. I have learned the hard way when you report things in house not everyone is trustworthy to be reporting to. I hope things work in your favor.
@LamarGreen-qr3wx
@LamarGreen-qr3wx Жыл бұрын
If this happened to you as you said and you can prove it you are about to get PAID!
@Monroestevens306
@Monroestevens306 Жыл бұрын
Thank you for your videos! They definitely are helpful and giving me peace of mind during this stressful time in my life.
@Ooohmy
@Ooohmy Жыл бұрын
Thank you, thank you, thank you Vince, for this example! Perfect timing 😊
@safetybuddy
@safetybuddy Жыл бұрын
Agreed!
@Datajustice
@Datajustice Жыл бұрын
You look EXACTLY like an employment attorney as you're the one I've spent most time with in life. haha!
@viralsheddingzombie5324
@viralsheddingzombie5324 Жыл бұрын
horseflies: It's a lawyer, get him!
@BachelorCigarTalks
@BachelorCigarTalks Жыл бұрын
Lawyers smell funny
@safetybuddy
@safetybuddy Жыл бұрын
Awesome!
@safetybuddy
@safetybuddy Жыл бұрын
@@ProSePlaintiff Challenging. This is my Everest. Thank you for asking.
@safetybuddy
@safetybuddy Жыл бұрын
@@ProSePlaintiff I’m working on it. I am keeping my eyes on the calendar. Timing is crucial.
@safetybuddy
@safetybuddy Жыл бұрын
@@ProSePlaintiff date of injury, termination and multiple offenses 01/31/2023.
@buddyscott3490
@buddyscott3490 Жыл бұрын
Therefore, it has been determined that no further action is warranted and your charge will be dismissed. You will receive the dismissal notice which describes your right to pursue this matter further by filing a lawsuit in federal court within 90 days of your receipt of the dismissal notice. If you fail to file a lawsuit within the statutory 90-day period, your right to sue in federal court will expire and cannot be restored by the EEOC. Can you tell Mr what this means Vince ? Thank you
@MirabelSmith-wq9ge
@MirabelSmith-wq9ge Жыл бұрын
I came to know a judge can delay making his call on a motion for a very long time. I waited for a month without hearing anything back from my judge now. What are the factors that can delay the decision making process? I can see the priority and complexity of the case influencing the speed of decision making process, but what else?-NY Federal Court Wrongful Termination Case
@Gokywildcats11
@Gokywildcats11 7 ай бұрын
Have a question, The judge closed my case lack of prosecution. And i or attorney didnot get notification from the court within 30 days. My attorney ask for a copy of the 77.02 form were the courts send when judge closed case. The courts can not find notice were it was sent out. WHATS my rights. File and appeal and take to appeals court or Supreme court
@necroneuronz456
@necroneuronz456 Жыл бұрын
Hey Vince, love the advice. Here's my question, what happens if say a respondent says they weren't made aware of a disability and then proceed to state they know about a disability? What would this be considered?
@necroneuronz456
@necroneuronz456 Жыл бұрын
@ProSePlaintiff no like they say in one part of the complaint that nothing was disclosed. Then in another part say we know about (insert Disability here).
@necroneuronz456
@necroneuronz456 Жыл бұрын
@@ProSePlaintiff yes in a way.
@Spectre2434
@Spectre2434 6 ай бұрын
❤❤❤
@dlibryl4927
@dlibryl4927 23 күн бұрын
I have a question about pretext for pretext. The original reason for the pretext is unclear, but is evident on a PIP comprised of B.S. and created and managed solely by the immediate supervisor. The employee (me) discloses mental health disabilities and submits an R.A. request, which trigger's the immediate supervisor's wrath and they retaliate with nastiness, in writing, clearly adding to the paper trail already started. The employee complains in writing, using an Internal Grievance, process from the employee handbook, about manager's retaliation (for R.A. request), discrimination (after manager knows about disabilities), and failure to accommodate. Two weeks later employee terminated by HR. The separation agreement provides the reason for termination (I am paraphrasing the legalese) as the employee is a member of a group of unsatisfied employees and is being terminated, as part of a restructuring, in order to honor the manager because they have been employed longer. Does it matter what the reason was for the original pretext (for financial reasons--eliminating positions) if there was more pre-text later on to cover for retaliation and discrimination that the employee complained about? They stated verbally when terminating me that my termination was not due to performance-- only because of financial reasons, then in writing they say something entirely different.
@dlibryl4927
@dlibryl4927 22 күн бұрын
I edited too late, hence the cross-out. Doesn't change the content.
@Gokywildcats11
@Gokywildcats11 7 ай бұрын
Prejudice with Prejudice without
@whataboutit643
@whataboutit643 Жыл бұрын
Great video!❤
@MyPrintOnDemandJourney
@MyPrintOnDemandJourney 7 ай бұрын
I was targeted by my manager and she set me up. Months before I was fired, I went to leadership and told them “I feel like there’s a target on my back! And that I’m being set up to fail!” Of course they denied anything was happening. But 8 months later I was given a PIP. They completely changed my job description, (& never shared it with me or HR) and never gave me any training regarding my new job description… Three weeks after getting the PIP, I was fired due to “poor job performance.” My manager is “protected” because she’s a lesbian married to another woman. I’m not a lesbian, so I suppose I’m not protected. WHAT can I do?????
@BachelorCigarTalks
@BachelorCigarTalks Жыл бұрын
@Vince when are you gonna shave your head 😂?
@bethanysaga
@bethanysaga Жыл бұрын
I would like counsel on a case. Do I call your office?
@JobAttorney
@JobAttorney Жыл бұрын
You should always exhaust your local counsel options before you look into hiring us. Local counsel will generally be substantially cheaper than our firm. But you are certainly welcome to give our intake folks a call if you are dealing with workplace discrimination or sexual harassment.
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