Tagged: discrimination Toggle Comment Threads | Keyboard Shortcuts

  • Coane and Associates,PLLC 4:13 pm on October 23, 2018 Permalink | Reply
    Tags: #Miscarriage, #Pregnancy, discrimination   

    Miscarrying at Work: The Physical Toll of Pregnancy Discrimination 

    Here is a very interesting article about pregnancy discrimination. I have had cases just like this, but in order to make the case, it is absolutely critical to have a doctor’s letter tying the miscarriage to the treatment received at work. Many doctors may not be willing to say that, and so, even with the statistics described in the article, it is often difficult to make a case without the expert testimony of a physician.

    For further information, this employment law attorney can be reached at bruce.coane@gmail.com or at 713.850.0066 or 305.538.6800

    Advertisements
     
  • Coane and Associates,PLLC 4:56 pm on December 28, 2017 Permalink | Reply
    Tags: discrimination, , , ,   

    Pollo Tropical sued for Sex Discrimination and Retaliation-Company Claims Fired for Serving Expired Chicken 

    This has been a busy month at our law firm, filing employment discrimination lawsuits. A little over a week ago, I filed a lawsuit on behalf of my client against his former employer, Pollo Tropical. The lawsuit states that my client was discriminated against because of his sex and fired in retaliation for complaining about it.

    My client worked as a General Manager of a Pollo Tropical store in Pearland, Texas. While all seemed to be going well with his job performance and while recent store audits scored over 90%, my client states that he noticed that female managers were getting reviews and raises but he was getting neither. When he complained to Angel Cortes his District Manager and then to Chad Brown in the HR department, it is alleged that they made excuses but did not take any steps to equalize the situation.

    Instead of treating my client with the same level of fairness by giving him a review and a raise, the company, through Cortes, chose to fire him, the lawsuit alleges.  When my client asked Angel Cortes why he was fired, Cortes says it was due to policy violations, according to the lawsuit.

    When my client of this Houston Employment Lawyer and Miami Employment Lawyer confronted Mr. Brown about his termination, Brown says that he was fired “for changing the dates and labels of raw marinated expired chicken and thereby serving expired chicken to customers of Pollo Tropical,” according to the lawsuit. My client was aghast at such an allegation and denies that he did any such thing. If Pollo Tropical was serving expired chicken to its customers, my client denies having any knowledge of it, and says that the company was making up a reason to fire him in retaliation for complaining about discrimination.

    The lawsuit is pending in the U.S.District Court for the Southern District of Texas, and the first hearing will be coming up in April of 2018. A jury trial is likely to be scheduled for sometime in 2019.

    For further information, I may be reached at 713.850.0066 or 305.538.6800, or by email at bruce.coane@gmail.com

     

     

     
  • Coane and Associates,PLLC 4:25 am on October 11, 2012 Permalink | Reply
    Tags: discrimination, , 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.

    __________________________________________________________________________________________________

    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 and Associates,PLLC 6:32 am on August 18, 2012 Permalink | Reply
    Tags: discrimination, ,   

    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.

    __________________________________________________________________________________________________

    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 and Associates,PLLC 3:36 am on June 7, 2012 Permalink | Reply
    Tags: arbitration, discrimination, , Halliburton, mediation   

    Mediation of Employment Terminations at Halliburton and KBR 

    Our law firm, Coane and Associates, just finished a mediation with Halliburton on behalf of one of our clients. They fired our client for supposedly refusing to shave his goatee. The company has a “no facial-hair” policy, due to the occasional need to wear a chemical protection mask.

    Halliburton and KBR both have a system that requires their fired employees to complain about “wrongful discharge” through a mediation and arbitration process. Even claims of discrimination must go through that process and the courts have enforced it.

    Our law firm has represented numerous Halliburton and KBR employees in the mediation and arbitration process, no matter where they are located in the U.S. or around the world. Both companies are based in Houston, and our Houston office is located not very far from their headquarters.

    One unique aspect of their program is that they pay the first $2500 of our client’s attorney’s fees, thereby making it very easy for clients to retain our services.

    With regard to our client with the goatee, his case was not resolved in mediation and therefore will be headed to arbitration. Arbitration is like a trial, except instead of a judge, there is an arbitrator who listens to the witnesses and considers all of the evidence. And, like a judge, an arbitrator can order reinstatement with back pay, as well as other damages allowed by law or equity.

    __________________________________________________________________________________________________

    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 and Associates,PLLC 3:18 am on April 6, 2012 Permalink | Reply
    Tags: , discrimination, , , 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 and Associates,PLLC 5:25 pm on February 18, 2012 Permalink | Reply
    Tags: discrimination, ,   

    Employee Rights: Pregnancy Discrimination is Illegal 

    Employers and companies all have anti-discriminatory policies, unfortunately even if this is so, there are still cases where employees experience and endure this. One form of employment discrimination that does not get much publicity, is pregnancy discrimination where employers are bias over their pregnant workers, forcing them to take a leave, work shorter hours or even discharging them because of their pregnancy. My law firm, Coane and Associates, handles a few of these cases every year.

    Here is an interesting article about pregnancy discrimination : Pregnancy Discrimination in America.

    photo from: Babble.com
    __________________________________________________________________________________________________

    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 and Associates,PLLC 10:16 pm on November 7, 2011 Permalink | Reply
    Tags: , , discrimination, , , ,   

    Race discrimination case against Carnival Cruise Lines 

    Tomorrow, I am taking a deposition in my client’s case against Carnival Cruise Lines. My client was a lead singer aboard Carnival ships and the company refused to renew his contract at the end of 2009, and again in 2010. After he filed a complaint with the EEOC, they continued to refuse to take him back, which he believes is in retaliation for filing with the EEOC. Tomorrow’s deposition is of one of his supervisors, and a current employee of Carnival.

    ________________________________________________________________________________________________

    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 and Associates,PLLC 2:45 pm on September 14, 2010 Permalink | Reply
    Tags: Civil Rights Violations, discrimination, harassment, Notice of Suit Rights, ,   

    Has your Civil Rights been violated in the workplace? 

    Many employees come to my office to consult with me about sexual harassment or discrimination based upon race, pregnancy, gender or age. On some occasions, the employee may still be employed by the employer.

    The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

    Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

    An EEOC Charge can either be filed with the assistance and representation of counsel or by the employee on their own. If you do it on your own, the EEOC will give you the forms and guidance on how to prepare the Charge of Discrimination. Once a complaint is made to HR or the EEOC, the employer is not legally allowed to retaliate or discriminate against you for making these complaints. However, that does not always mean the employer will follow the rules so you should keep careful notes and documentation of all complaints made, to whom you made them, and any actions taken against you as a result of these complaints.

    The EEOC has a link on its website that you can use to do an online assessment of whether or not you should bring a charge with the EEOC. The link is at https://egov.eeoc.gov/eas/.

    It is important to know however that if you choose to file an EEOC Charge, you must do so within 180 days or 300 days of the claimed discrimination or harassment, so don’t wait too long to take this action. You get 300 days if your state has an agency similar to the EEOC such as in Florida, there is the Florida Commission on Human Relations (“FCHR”). You can fill out a charge in person at one of the EEOC offices or do it by mail.

    Once the EEOC Charge is filed, the Equal Employment Opportunity Commission, a federal agency, has a staff of investigators who investigate your complaints. The employer is supposed to receive a copy of your Charge within ten days. They allow the employer an opportunity to file a formal response and generally will then ask for a reply from the employee. Sometimes, they will seek to interview the employee in person or over the telephone to get more information for their investigation. Sometimes the investigators will seek documents from the employer. Sometimes the EEOC will offer the parties to mediate the claims prior to further investigations. Keep in mind that if you choose to file an EEOC charge on your own, without an attorney, you will not have the support and guidance of an attorney to help you through this process.

    Once the EEOC completes its investigation, they will issue either a “cause determination” finding that they believed discrimination took place or will issues a “Notice of Suit Rights” which states that although they don’t believe discrimination took place, you can file a legal action against the employer if you choose to do so. If the EEOC issues a “cause” determination, they can choose to file a lawsuit on your behalf, but are not required to do so.

    Upon receipt of your Notice from the EEOC, if you are going to file a lawsuit, you must do so quickly since any Federal claims under the ADA, Title VII, the Pregnancy Discrimination Act, etc must be filed within 90 days. In Florida and other states, there are also state statutes which provide you a longer time to file suit.

    In order to obtain the best results, it is often necessary to retain the services of an experienced employment law attorney as early in the case as possible. Call Coane & Associates at 713.850.0066 to schedule your consultation with our experienced attorneys who are compassionate about your rights.

     
    • Nadjia 1:40 pm on September 21, 2010 Permalink | Reply

      I’ve been working at Publix now for 2 years. My boss keeps harassing me about my religion (Islam) and keeps making rude comments and slurs to the point of me being uncomfortable. I’ve been researching this topic online, but haven’t found much about this topic until I ran across your article. I’d like to know more about my rights.

    • Lydia 2:34 am on May 30, 2013 Permalink | Reply

      Hi I was terminated from my job and accused of possessing information with the intention of benefiting from the information for a position that i currently held. I have 27 years in human services and have never had an infraction or been dismissed. The employer dismissed me for unacceptable personal conduct. I am the only Latino on staff and I was dismissed without cause. What can I do and what are my rights? I believe that I was terminated because I am the Hispanic and also feel that my civil rights were violated.

      • bruce.coane@gmail.com 3:00 am on May 30, 2013 Permalink | Reply

        While each state has its own rules,what we typically do is file a complaint with the EEOC on behalf of our clients. The EEOC process is normally a prerequisite to filing a lawsuit under the federal civil rights laws. Feel free to call us if you’d like to schedule an appointment.

      • Coane & Associates 9:26 pm on March 3, 2017 Permalink | Reply

        We would love to help. Its never too late for justice. You can reach us at 713-850-0066

    • Robert 8:06 pm on September 24, 2013 Permalink | Reply

      I was diagnosed with MS around 10 years ago. While I was out the head of human resources said to me if you want us to help you you have to tell us what is wrong.I was in fear of losing my job so stupidly I did.I ahve been called handicaped by store managers,other managers and had my postiion taken away.It is a long story and I am scared about what is happening now withthe illness.

    • Robert 8:09 pm on September 24, 2013 Permalink | Reply

      I am in another bad situation and feel if I go to HR operations will do wahtever they can to get rid of me

  • Coane and Associates,PLLC 6:08 pm on June 21, 2010 Permalink | Reply
    Tags: discrimination, EEOC investigation, ,   

    Gay Man Pursues Sexual Discrimination Claim 

    Today, my client will be participating in an Equal Employment Opportunity Commission (EEOC) investigation concerning his charge of discrimination. We filed his charge with the EEOC claiming discrimination based on sex.  While normally there are no laws preventing employment discrimination based on sexual orientation, in this case, his supervisor suspected that the client was gay, kept asking questions about his family, etc, and fired him after 6 weeks on the job because he “was not the right fit,” and things were “not working well.”   The client is claiming sex discrimination, as the basis to enable the EEOC to investigate. Following today’s investigatory process, there will be the opportunity for mediation to see if there is a way to amicably resolve this case.

     
    • Allison Welsch 7:41 pm on June 21, 2010 Permalink | Reply

      How often does that occur in the work place?

      • Coane & Associates 12:52 pm on June 28, 2010 Permalink | Reply

        I have had this type of issue many times, so, unfortunately, it is probably a common occurance.

    • Raj Makajanani 1:40 pm on June 22, 2010 Permalink | Reply

      Did you case get resolved, and what was the outcome?

      • Coane & Associates 12:50 pm on June 28, 2010 Permalink | Reply

        The investigation at EEOC continues, and when they are done, we can take the case to court, unless the case settles, of course.

c
Compose new post
j
Next post/Next comment
k
Previous post/Previous comment
r
Reply
e
Edit
o
Show/Hide comments
t
Go to top
l
Go to login
h
Show/Hide help
shift + esc
Cancel
%d bloggers like this: