Re: any recourse for real estate agent wrongfully terminated
Posted by lawguy on 4/12/06
On 4/09/06, Miss Nice wrote:
> I was suddenly terminated because I filed a complaint on
> my sales manager for discrimination and hostile work
> environment....
1. you've been a victim of "retaliation" (i.e., being
terminated for making a discrimination complaint). most anti-
discrimination laws also forbid retaliation, so if you were
fired for making a complaint, you've probably got a clear
case of retaliation regardless of the merits of your
discrimination complaint (i.e., even if they didn't
discriminate against you, they clearly retaliated).
2. don't jump to the conclusion you're an "independent
contractor." a real estate agent is a "statutory non-
employee" for tax purposes under IRS rules, but that doesn't
make you a non-employee for the discrimination laws. in other
words, no matter what they told you (i.e., that you're an
independent contractor and must pay your own taxes), you may
still qualify as a "common law" employee under the workers'
comp, anti-discrimination, unemployment, etc., laws
plus, even if you are an independent contractor, some anti-
discrimination laws protect employees and independent
contractors from harassment (e.g., California's FEHA).
so, you might want to contact your local anti-discrimination
or "fair employment" or "equal opportunity" agency (or the
federal EEOC), to file an official complaint of harassment,
discrimination, and retaliation.
good luck.
Posts on this thread, including this one
- any recourse for real estate agent wrongfully terminated, 4/09/06, by Miss Nice.
- Re: any recourse for real estate agent wrongfully terminated, 4/12/06, by lawguy.
- Re: any recourse for real estate agent wrongfully terminated, 4/12/06, by Lindsey.