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    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.


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