Yesterday, I received a call from a potential client who was understandably angry. She was terminated and apparently falsely accused of egregious misconduct that she never committed. It's possible that she had a legitimate workplace defamation claim against her employer. 

The woman sounded infuriated and eager to go to "war" against her employer as soon as possible. As soon as I started explaining to her what evidence she needs in order to have a legitimate defamation claim and what she was currently missing to have a case, she said: "I think you are wrong, I am going to continue looking for a lawyer" and hung up the phone.

That caller was of a known type - she is driven by her emotion, and by her desire to hear what she wants to hear. I did not even have a chance to tell her that I am a lawyer. And, while I sincerely sympathize with her situation and the unfortunate events prior to her apparently wrongful termination, I was there to advise her on her legal rights, not what's fair and not on what's right.  I just hope that she doesn't waste too much time calling other lawyers around town, or paying a large amount of money who will take advantage of her emotional state and lead her to believe that she has a case without investigation the facts of her claim carefully, as it's so critical to a successful prosecution of any wrongful termination claim, and especially when it comes to slander and libel at workplace.
 
 
I am inherently skeptical when it comes to the allegations of racial and national original discrimination at workplace and elsewhere. Most employment lawyers are. They have to be, as the majority of racial harassment and discrimination claims fail for lack of sufficient evidence to support these allegations at workplace or anywhere else. My personal skepticism also comes from the fact that I was lucky enough to have never be or at least feel discriminated at workplace and I always felt that my superiors tried to conduct business and treat their employees "by the book." Today's incident however has changed my perhaps "naive" perception of the persistence of racism in our society.

This incident didn't happen at work and it has nothing to do with any of my clients. It happens in the most unlikely place - at one of the San Francisco's public parks in the Marina District, at the tennis court. My father ran through the court where two, older and seemingly well-to-do white ladies were playing tennis. He English is far from fluent, and his accent is thick, making it often hard for others to understand him. I was sitting at a bench near the courts and observing. These women got annoyed with my father going over the court instead of walking around as the tennis etiquette provides, and he was probably in the wrong. However, the reaction of one of the women shocked me. She approached  him and told him very slowly and clearly:
"When you are in our country, follow our rules! If you want to follow your rules, go home to where you came from!" 
I could not believe my ears. I did not think that the City of San Francisco, that prides itself on open-mindedness and tolerance was a home to people who hold such beliefs.

I was tempted to tell that lady that my father has been living in this country almost 20 years, that he is a US citizen, and that this is his home just as much as hers, but all I did was to tell her that as a civil rights attorney, I was disappointed to hear those words come from someone who looks as well put together as her. I guess people are not always what they appear to be.

This also made me realize that if this kind of person was in any kind of management position at workplace, it would only be a matter of time till she created a racially hostile work environment, insulting or humiliating her co-workers and subordinates.