Updates from October, 2012 Toggle Comment Threads | Keyboard Shortcuts

  • Coane & Associates 4:25 am on October 11, 2012 Permalink | Reply
    Tags: , , Shintech   

    Shintech Faces EEOC Race Discrimination Charge 

    Our law firm filed a race discrimination charge against Shintech, of Freeport, Texas, on behalf of a Hispanic worker who was recently fired.

    Shintech logo

    photo: wbrz.com

    The charge is currently under investigation at the EEOC. It alleges that our client was fired, after 13 years of employment, with no warning and with no valid cause, other than he was non-white.

    It is alleged that our client and another non-white worker were both fired by the company, solely because of their race, and over a minor incident. The charge alleges that white workers who violated company rules and engaged in serious infractions were not fired, yet our client and another man were fired for a far less serious matter. The EEOC will conduct their investigation where they will determine if there is sufficient cause to support the charge of race discrimination.

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    About the author: Bruce Coane is an attorney who specializes in labor and employment law and immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

     
  • Coane & Associates 6:32 am on August 18, 2012 Permalink | Reply
    Tags: , ,   

    EEOC Charges Against LNR Property LLC Go to Investigative Unit 

    After a failed mediation at the EEOC, our client’s charges of race and national origin discrimination against LNR Property LLC, of Miami Beach, are being returned to the EEOC’s investigative unit.

    The charges were filed in April 2012, after our client was fired. Our client was at the firm for over 10 years. He is a US citizen, born in Haiti. He says that he was the only black person in his department and one of the few non-Hispanics. He says that most of his Hispanic co-workers spoke in Spanish (which he could not understand) and constantly piled work on him, while they took constant breaks and often sat around with nothing to do.

    The EEOC will investigate these charges to determine if LNR has violated the law. If the EEOC determines that LNR has violated the law, they may seek conciliation or the EEOC could file a lawsuit. Alternatively, the EEOC can issue a Right to Sue letter, allowing our client to pursue the matter directly in Federal court.

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    About the author: Bruce Coane is an attorney who specializes in labor and employment law and immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

     
    • Sunshyne 3:32 pm on August 7, 2013 Permalink | Reply

      I worked at LNR and everything “Peter” says is absolutely not true.. He was the actual slacker and the one who took constant breaks. He doesn’t have a case. Everything he “was not doing” is carefully documented and HR was involved. HR was not “Hispanic”. I wish they would call me to testify

      • Anonymous 7:28 pm on September 17, 2013 Permalink | Reply

        He was working in the company for 10 years but just he noticed he was discriminated when was fired. He is complaining not understand Spanish. This lack of skills can not be imputed to the company as well as does the fact that Hispanics speak in their own language between them. Is well known how hard workers are the most of Hispanic people, so it is hard to believe they delegated their responsibilities on Peter shoulders. Those allegation sound funny to me.

  • Coane & Associates 9:05 am on July 17, 2012 Permalink | Reply
    Tags: , , ,   

    Race Discrimination Case Against Kroger and Use of word "Nigger" 

    I am preparing for a jury trial in Houston which starts on August 7, 2012. The case involves race discrimination against Kroger, the big supermarket chain in Houston.

    Racial Discrimination

    photo: you-can-learn-basic-employee-rights.com

    Our client claims that she was constantly called “nigger” by her white co-worker. She says that she complained to management and they rarely, if ever, took action. They let him continue working there, she alleges, because he was friends with the store manager.

    As I prepare for trial, I was discussing how many times we think the word “nigger” will be mentioned in the trial. We even talked about substituting the phrase, “the “N” word”, rather than saying the racial slur over and over again. I’ve had sex harassment and race discrimination cases where other slurs were used, and I always avoid repeating them, but rather say the “f-word” or the “b-word”.

    Wondering what my friends in the blogosphere and on FB think. Should we keep saying “nigger” throughout the trial, or should we say “the N word”, instead. Somehow I think the jury will grow tired, and maybe even offended by the constant repetition of the word “nigger”.

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    About the author: Bruce Coane is an attorney who specializes in labor and employment law and immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

     
    • Anonymous 1:09 am on August 2, 2012 Permalink | Reply

      Please use “The N Word” in the courtroom. This blog is very difficult to read because I found the language offensive. If I were a juror and the attorney kept saying the word you used above I would find it difficult to be sympathetic to your cause. Good luck to you and your client.

    • Jill 3:07 am on December 8, 2012 Permalink | Reply

      What did you end up doing and what was the outcome. I would say it once when repeating verbatim the statement of the person who uttered it. I would refrain from using it again and use the n-word in other instances.

  • Coane & Associates 3:43 am on May 30, 2012 Permalink | Reply
    Tags: Angella Ayissi, , , , ,   

    Kroger Loses Motion to Dismiss Race Discrimination and Sex Harassment Lawsuit 

    In an Order released today by the U.S.District Court in Houston, The Kroger Company lost its motion for summary judgment on a race discrimination and sex harassment case.

    © AP Photo/David Koh

    The case was brought by Angella Ayissi, a long-time cashier who works at Kroger. The papers on file in her case state that Kroger management allowed an employee at their Sugar Land, Texas store to constantly say the word, “nigger” and other racially and sexually hostile words. She states that this went on for years before Kroger ever took any action.

    Lawyers for Kroger tried to get the case dismissed, but on May 29, 2012, Judge Nancy Atlas denied their motion, except for a retaliation claim, and ordered that the case proceed to jury trial at the end of July.

    Our law firm has been representing Ms. Ayissi from the outset, and we were very pleased with the judge’s 17 page Order allowing this case to be decided by the jury. Many times the judges dismiss these cases, but in this case, the judge found that Ms. Ayissi raised genuine issues of material fact and that Kroger would have to stand trial.

    __________________________________________________________________________________________________

    About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

     
  • Coane & Associates 3:40 am on April 21, 2012 Permalink | Reply
    Tags: , ,   

    Hatian Man Files EEOC Charge Against LNR Property LLC 

    Our law firm was recently hired to represent a Haitian-American man in a discrimination complaint against his former employer, LNR Property LLC. The charge of discrimination was filed with the EEOC this month, and alleges discrimination based on race, national origin and sex.

    Our client worked at LNR for over 10 years and seemed to be doing just fine. About one year ago, he got a new supervisor, and that is when he alleges the discrimination began against him because he is not Hispanic like most of his co-workers. He alleges that co-workers including his supervisor constantly spoke in Spanish and excluded him from such conversations and other work activities.

    The issue of speaking foreign languages in the work place continues to be a hot issue in discrimination cases. Our law firm is handling several cases in Miami concerning similar issues.

    In accordance with federal law, the EEOC will be conducting an investigation of our client’s complaint, after which, he can take his case to federal court.

    __________________________________________________________________________________________________

    About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

     
  • Coane & Associates 3:18 am on April 6, 2012 Permalink | Reply
    Tags: , , , , Mike Childs, Raymond Wei   

    Kroger Files Motion to Dismiss Race/Sex Harassment Lawsuit 

    In a case that our law firm has been handling, the employer, Kroger, has filed a motion for summary judgment seeking to have the lawsuit dismissed. They claim that there are insufficient disputed facts to warrant a trial. The case is pending in US District Court in Houston and is set for trial this summer.

    In this case, our client filed a lawsuit in federal court, claiming that a co-worker harassed her because she is black and female, by among other things, calling her a “nigger.” Store managers, Raymond Wei and Mike Childs, have signed statements on behalf of Kroger’s motion.

    Co-manager of the Kroger store (in Sugar Land, Tx), Raymond Wei, verifies that our client complained about a co-worker using curse words at her, and he notes that a customer verified our client’s complaint. Store manager Mike Childs has verified that the offending employee was disciplined at least one time, yet, his employer still seeks dismissal of the case.

    In their motion, Kroger claims that our client cannot prove sufficient facts to win, so the judge should dismiss the case. This is a common defense tactic in almost every discrimination case. Unfortunately, many times a judge will dismiss the case without the employee-victim ever getting their day in court for a trial. In this case, we plan to respond to the motion with compelling evidence, so hopefully the judge will let our client proceed to trial before a jury.

    __________________________________________________________________________________________________

    About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

     
  • Coane & Associates 8:54 am on March 7, 2012 Permalink | Reply
    Tags: , , Texas - New Mexico Power Company   

    Race Discrimination case at U.S.Court of Appeals 

    Today, we have oral argument before 3 judges at the U.S.Court of Appeals in New Orleans, on a race discrimination case. This is one court below the U.S.Supreme Court.

    The case is called Linda Criner vs. Texas New Mexico Power (TNMP) Company. We represent Linda Criner, an employee of TNMP, who stated in her lawsuit that she was being discriminated against because of her race. Ms. Criner is black and the evidence showed that most of her co-workers are white. Further, she alleged that she was constantly turned down for promotions within the company because of her race. Her filings with the court talked about a “good ole boy” network within the company where almost all promotions she applied for, go to white men.

    Despite the large amount of evidence filed with the U.S.District Court in Houston, the judge refused to allow Ms. Criner to have a jury trial. Instead, the judge dismissed the case completely, on the company’s motion for summary judgment.

    While such motions are common, many judges still allow the case to go to trial, in order to let the jury decide. In this case, Ms. Criner never had her day in court.

    An appeal was filed, and, in an unusual move, the U.S.Court of Appeals, granted oral argument. This is unusual because many times the court of appeals will simply read the lawyers’ briefs and make a decision without hearing oral argument.

    The case will be argued by Lauren Schlossberg of our Miami office, at the court of appeals today. Typically it takes 30-90 days to receive a decision. Ms. Criner, the alleged victim of the race discrimination plans to attend the oral argument in New Orleans, as well.

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    About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

     
  • Coane & Associates 2:18 pm on February 1, 2012 Permalink | Reply
    Tags: , , ,   

    Depositions continue in Carnival Cruise Line Race Discrimination case 

    I took another deposition yesterday in our client’s race discrimination/retaliation case against Carnival Cruise Lines. The deposition took place at our Coane and Associates office in South Beach, not far from the Carnival headquarters in Miami.

    Today’s deposition was of the Singer Supervisor, who auditions and hires singers to perform on Carnival cruise ships. Our client, a black male, was a production singer on board the Carnival Inspiration ship. After his six month tour as lead singer, he was not offered a renewal contract. Our client alleges that he was not renewed because he is black, and in retaliation for complaining about discrimination to the EEOC.

    At today’s deposition, the supervisor said that our client is not barred from re-hire, but just isn’t at the top of his list. Our client says he isn’t at the top of the list because he is being retaliated against for complaining to the EEOC about alleged discriminatory practices. The case is set for jury trial on September 24 in federal court in Miami.

    __________________________________________________________________________________________________

    About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

     
  • Coane & Associates 3:13 pm on January 16, 2012 Permalink | Reply
    Tags: , , violation of Title VII   

    Race Discrimination Case Against Kroger Set for June Trial 

    Our law firm, Coane and Associates, PLLC is currently representing a black female who has worked for over 15 years in one of the largest retail food companies in the United States, Kroger Co., LLP. When our client became an employee of Kroger in 1995, she was well qualified for the position and had been a productive and competent cashier at the Kroger store in Sugar Land, Texas.

    Our client’s lawsuit alleges that she has experienced a hostile work environment, discrimination and sex and racial harassment from a co-worker. Our client alleges that the co-worker (now fired) would call her names (including the “N” word) and stalk her before and after work. What’s worse is that when she reported it to the general manager of the Kroger store, the management still did not take any action about it, claiming that the man was a “special needs” employee, and she should ignore his harassment.

    Our client’s complaints, which she filed on February 2009, include violation of Title VII and Retaliation, and Negligence. She states that she was retaliated against when her work schedule unexpectedly changed to a later shift and her original shift was given to employees with less seniority.

    Interestingly, our client continues to work at the Kroger store in Sugar Land, Texas, notwithstanding her federal court lawsuit against the company. Perhaps the fact that she is a member of a union, allows her job to be protected during the litigation. Trial is set for June 2012 in Houston, Texas.

    ________________________________________________________________________________________________

    Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.

     
  • Coane & Associates 6:34 pm on January 1, 2012 Permalink | Reply
    Tags: , , , , Miami Federal Court, New Orleans,   

    Depositions Continue in Carnival Cruise Lines Race Discrimination Case 

    This week, I will be in New Orleans to take a witness deposition for my client in his race discrimination case against Carnival Cruise Lines. My client was a lead singer/dancer aboard Carnival ships, and he alleges in this lawsuit that his contract was not renewed and that he was treated unfairly because of his race (black).

    In this case, the witness is a fellow performer at Carnival, and is leaving his Carnival ship in New Orleans, where it is docked, for the deposition.

    ________________________________________________________________________________________________

    Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.

     
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