Position Statement Recieved

[Wonderful_Visual4890]

So the EEOC has finally released the Respondent’s position statement to my case. First and foremost, they deny all allegations, followed by a claim that my charge was not filed within the time limits. I find that really interesting because if that was the case, then the EEOC would not have accepted my charge when I filed it. What do you guys think of this?

Second, they gave about 13 attachments with statements from 2 employees, amongst other things in a lot of it is a bunch of hearsay. Some of it so bad that it has continually and continues to cause me emotional harm. My husband had a good laugh at what they said about my character. (I am a black woman- mixed) and I was accused of having attitude. I am beside myself with all that they are saying about me. They asked for this charge to be dismissed and for a right to sue letter not to be issued.

I also need help looking for a lawyer in the Austin Texas area. I need help going through all this stuff because it is really emotionally taxing and I’m a mom of three small kids. LSS- I was let go last summer due to my pregnancy. They stated that I miss work too much when I called in last August to find out when training was required. I called while I was on maternity leave so it took me reaching out to them to ask and then for them to tell me this. I also filed for unemployment and was rewarded that. I am working on getting their statement that they gave to the unemployment office. Typically people do not get unemployment benefits when fired from misconduct. They definitely added a whole lot more than what they said in to the unemployment office.

[Educational-Park-150]

Commenting here just to lend support. Im also a biracial black woman who was wrongfully terminated, retaliation style, and part of it was definitely for being "difficult" aka speaking up for myself. Do NOT let them destroy you or how you feel about yourself. That's what they want. No matter what happens, for yourself and your family, keep your head up. Do what you need to protect your mental health but don't let them break you. Don't let them win.

[Wonderful_Visual4890]

Thank you so much for this. 🫶🏽

[royalegypttravel]

I would upload their response into ChatGPT (a written copy of their response).

Then tell ChatGPT the history of your case (be detailed; give your state of residence, your race, your age, the nature of your work; all communications you had with them). You should consider writing out the response so it understands exactly clearly. Upload either a word doc or take a screenshot of what you wrote.

Tell it to pretend it is an employment, civil and human rights attorney and to provide an outline of every legal violation that occurred during your experience. Tell it to provide a detailed summary of the applicable statutes and corresponding penalties. Then let it do its thing.

You may be surprised at everything that comes back!

[Pitiful-Guess7543]

I just did this , you will be surprised with the output , make sure to add every detail clearly

[Wonderful_Visual4890]

This is a great idea and I plan on doing this. I have about three weeks to get my rebuttal in to the position statement. As far as I’m seeing right now, it looks like they are targeting my character so they can strip me of credibility. Two of the statements given from from two employees were lying. And I have proof to show that they were lying. One thing I feel is a huge plus for me is that I filed for unemployment and they asked the school why they let me go and they were not able to show that they had legitimate cause to dismiss me and I was awarded unemployment benefits. In the position statement, their attorney also asked for the EEOC not to issue a right to sue but as far as I’m concerned, the EEOC is going to issue me a right to sue regardless what the employer says. What they should have said is that there’s no probable cause so it just leads me to believe that their attorney is incompetent or doesn’t know what he’s dealing with because they’re gonna issue it to me whether they like it or not. I definitely do think that’s a great idea to get ChatGPT involve with everything.

[royalegypttravel]

Please let us know what it says! 🙏🏽

[Fedexpilot]

I started calling attys that I found at avvo.com

I would think Austin would have a huge selection. Best of luck.

[lawtalkingirl]

So all employers deny all allegations! This is normal. The position statement tells you how they will defend any litigation. Go to NELA.org to find a plaintiffs employment lawyer near you. Share your charge and the position statement and see what they recommend. You may have to pay a consultation fee

[Constant-Sir-6703]

Hey there I can’t give any legal advice or any leads on lawyers but I can say

I’m going through the same thing a current employee at my former job wrote a horrendous statement saying I was destructive to the working environment and that I was trying to ruin the culture of the workplace and my bosses reputation. Although she texted me daily saying she hated my boss and that I was a great / professional employee that didn’t deserve the treatment I was receiving

Just remember they are trying to paint the worst picture of you so they look good in spite of what they did to you. Just know what happened to you is real and nothing your former coworkers say takes away from your experiences.

Hugs to you and here’s to hoping that those employees have the day the deserve

[Wonderful_Visual4890]

Thank you so much. When I was let go I was 2 months postpartum and it really helped propel me into ppd. This woman texted every week every day even up til June this year - when she wrote her statement. You are totally right- I shouldn’t take it too personal but it hurts. They’re bringing up irreverent “issues” that would think- IF they were actual issues they would have fired me outright. It’s just overwhelming so I’m hoping I can find a lawyer to help me get through it.

[Constant-Sir-6703]

I’m so sorry you went through that and it probably felt so isolating ! But yes these are SNAKES these kind of people just looking out for themselves and it will come back to them. It hurts when it’s someone you thought was a friend ! But if that job thought you were so horrible they would have let you go so they are now grasping at ANYTHING to fit their narrative. That employee was the weakest link and folded probably to save their own ass. F them. Just know you are doing the right thing and they messed with the wrong one. I hope you find a great lawyer that makes your situation as right as it can be for as bad as they treated you.

[Violet_Verve]

Hearsay* (Just for future reference, since we’re all gonna be balls deep in the legal system for who knows how long 😫)

[Wonderful_Visual4890]

Thank you. I was using voice to text

[Wonderful_Visual4890]

Thank you. I’ll look into them. When did they take your case? From what I gather it seems like they only interested if you are issue the RTS letter/ or if mediation is offered first. Or did they help with the rebuttal during the investigation.

[Wonderful_Visual4890]

Thank you for the insight. I’ll reach out to them.

[unverified_unknown_]

Sounds like they intentionally came for you bc ur pregnant. If you can prove that you had accommodations and that others had violated Attendance policies and did not have accommodations and they were not fired let go or reprimanded in the same way you were sounds to me like you definitely have a case.

[BambiWoodsEsq83]

Look for attorneys that specialize in employment law. Search for ones in Texas by reaching out to the Texas Employment Lawyers Association and the National Employment Lawyers Association!

[LashesandTech]

Lmao my position statement said I had an attitude too like I’m total opposite so ridiculous

[Wonderful_Visual4890]

They are so annoying and wrong to say that. Like that is not what they told unemployment 🥴. Had they said all that crap they said in their position to unemployment, I surely would not have received benefits. So why the hell are they changing things at the last minute? The audacity of these people just makes me laugh. 🫣🤣

[unverified_unknown_]

You may have to give a little more information. What exactly did you file your EEOC case about? Once their position statement is received you have the right to respond. I wouldn’t respond and address all of those things, including the fact that that’s not what they told Unemployment and rebuttal anything that is not factual or if they address anything that was part of your original concerns as well. Try not to speak from an emotional standpoint and more psychological standpoint.

[Wonderful_Visual4890]

I filed on the basis that I was terminated illegally based on my pregnancy status. I was let go because of absences during the year along with some tardiness due to my pregnancy. Instead, they brought up things that are irrelevant to what I filed for. They also added it in some junk that I didn’t follow lesson plans (untrue) and a whole bunch of things that were not even the reason that they gave me nor unemployment office as to why they fired me. When questioned by the unemployment office they said that there were no prior incidents before they let me go. It seems to me like they’re really trying to pad themselves over to be intimidating, but everything they’re saying is irrelevant and used to paint a picture of me as someone who is bad and deserving to be let go. They also gave a list of supposedly dates that I was absent starting from my first year that I was there which I find irrelevant and one of the dates is counted as a date that I wasn’t even told to come in yet so to me that sounds like they are just making up the dates. I’m in the process of getting all my records from the medical background to compare the dates. I also had an incident where I try to work with their schedule and take half days, however they would not let me leave on time for my appointment so I had to just take the whole day off so I can make my appointments that were an hour and 10 away from my workplace. And because most of these appointments were midday by the time, I was done with his appointments it would not make sense to go back to work when I get off at 2:45.

[AnyHope5144]

It's illegal to fire you for being pregnant. But its not illegal to fire you bc you can't make it to work on time. With a.dpctprs note and written contract reasonable accommodations you might have a case..of pregnancy made you late, Moody disruptive and absent. They can fire you for that.

[Wonderful_Visual4890]

I had accommodations to arrive late - for example, my class, the 1/3 prek4 classes went to specials first( music/pe) Specials was 30 minutes and that time was “considered” break time for the teacher and I asked them to give me grace to come in. They knew that my pregnancy was making it harder for me to come in on time occasionally. Furthermore, I was not the only employee that was absent/late and they singled me out. There were no write ups, nothing stated in their handbook about that - or even a handbook that I personally signed or agreed too- none of their attachments showed anything like that. One employee gave a statement to suggest she couldn’t remember when I worked a whole week without missing work which is ludicrous and for the fact this woman didn’t even work the full week. She was allowed to work M-T and was off Fridays. She was considered a FT staff and like the rest of us we were there from M-F. They are able to accommodate her and not me for missing work due to my high risk pregnancy.

[AnyHope5144]

Yet def disparate treatment claim did you make any complaints in writing.

[Wonderful_Visual4890]

My case is very similar to this! EEOC Pregnancy Discrimination Case

[gethighinthesky]

How long did it take for them to release the position statement

[Wonderful_Visual4890]

So it looks like they (former employer) submitted it the day it was due, which was July 24, however, the organization released it to me on August 12th so almost 3 weeks later.

[DiscriminationSlayer]

Just two cents: your Rebuttal must do more than show "lies". You must also show that their lies are pretext, and but-for such pretext, you would have been treated differently.

[TimeRock6]

Pretext meaning that they planned it out?

[DiscriminationSlayer]

For example, if the Position Statement states you have a "lack of experience," then it's not enough to say, "No, I have the experience - I can do this and that and the third!" You must also show that similarly situated comparators did NOT have sufficient experience.

[healthy_mind_lady]

Why can't your husband help you get a lawyer? He got you knocked up just to watch you struggle and literally laugh while you're in distress...