Do I have a case for reinstatement after potential discrimination and questionable termination?
I’m seeking advice on whether I have a strong case for reinstatement after being terminated during my probationary period. I worked for a government agency in Massachusetts and was accused of intentionally leaving a pistachio on a supervisor’s file, knowing a coworker had a tree nut allergy, and responding with the word “die” when confronted about it. The termination letter claimed my behavior was unprofessional and violated workplace policies, but I believe the decision was unfair and potentially discriminatory.
Key points: 1. No Intent: The alleged pistachio incident was a misunderstanding. The snitch blew the situation out of proportion and has a victim mentality like someone is out to get him. There is also no reason why he would be handling finished reports that are assigned to my supervisor! I had no malicious intent, and my comment of “die??” was misinterpreted. It was confusion, not a threat, and the context of my tone wasn’t considered during the investigation. The termination letter and whoever claimed I said that conveniently left out the fact that the work snitch had walked up to our table saying “someone is trying to kill me” “someone wants me to die.” My team is full of men who joke all the time and are super sarcastic so I wasn’t sure whether he was being serious or sarcastic. I was also the only woman on the team and since this guy is known trump supporter I question if this was also misogynistic.
Investigation Flaws: HR accepted the allegations at face value without letting me explain my side. The investigation relied solely on the statements of two others, including a close friend of the reporting coworker, which raises credibility concerns. I know who filed the grievance since he’s the only one with a nut allergy and I’ve been told by coworkers that he abuses the grievance system a lot.
Disparate Treatment: Other employees in the same area had been eating pistachios without consequences. There is also no signage of the area being a nut-free zone. I feel I was unfairly singled out, possibly due to being a new hire and targeted by the snitch.
Discrimination: As a Hispanic woman (protected class), I believe negative assumptions about my intent (e.g., being “threatening”) perpetuate harmful stereotypes. Additionally, my termination was handled by HR staff who lacked diversity, and systemic bias against new employees vs. long-term staff seems evident.
Hostile Workplace: The coworker who reported me, has made racially charged remarks (documented in screenshots) to my friend who’s also a Latina, accusing her of “mooching off of hard working Americans and providing nothing in return” and threatening her to “stop coming to my family dinners and stealing our food” since his aunt is her godmother. My coworker has witnessed the work snitch saying Asian jokes to his friend/my coworker who’s Asian and expressed bias against Democrats. He pressured me to perform unsafe tasks without proper training, and when I refused, he appeared frustrated. I suspect this animosity influenced the grievance.
Witness Statements: Some coworkers believe the situation was blown out of proportion and have expressed that the snitch isn’t trustworthy. However, one coworker who might support the snitch is a close friend of his, further complicating the credibility of the allegations.
Fear of Retaliation: I wanted to report the snitch’s behavior earlier but worried about being targeted as a new employee. This fear prevented me from coming forward sooner.
I’ve asked HR to reconsider my termination and am preparing to appeal directly to the director and sending it to the supervisor for affirmative action. I believe there’s evidence of discrimination, bias in the investigation, and a lack of due process.
Do I have a strong case to argue for reinstatement or to file a claim for discrimination under Massachusetts law? What remedies should I seek, and how should I frame my arguments without it seeming like I’m targeting and retaliating against the guy who filed the grievance?