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discrimination then retaliatory harassment


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#1 wsucram15

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Posted 25 February 2013 - 03:30 PM

When my company was bought out, my new supervisor removed me from my Accounting position saying the position was eliminated, they offered me another position in another area of the plant, which was fine. Except for two things, my job was never eliminated it was given to a boss' son. Which would be fine except then I was asked to train him on some items which showed me he did not have a level of expertise required to take my position. His rate of pay increased as openly stated in a meeting "his salary was being worked on"
On the other postion, I was kept at my same pay, reduced even as I stayed at hourly when the former person in the position was salary, I took the job under that assumption.

I made a mention or two of these items and found myself with not only the worst evaluation of my professional career but being written up for working 8-5, which constitutes overtime and was not approved. Those were my hours for 6 years, the human resource director approved them and then the new plant manager wrote me up anyway. Which he has continued to do anytime I open my mouth,
I have been verbally assaulted, had my desk items thrown around and anytime I make a complaint, I get in some sort of trouble for something. My health has deteriorated dramatically and I have a serious medical condition which when I requested help for that, was brushed off as troublesome.

I guess my question is what should I do now..no attorney in Maryland will help, I have been trying for almost a year.

I would like to state I am a Human Resource Person with a prior degree in the law.  This does not make me an Attorney nor am I attempting to advise you as such.  My advice will be personal in nature based on what you have said, unless I have pulled info from a legal site in your state.  In addition, the best personal advice to everyone is, if you have a question of a legal nature regarding what you feel is a violation of your rights speak to an Attorney. They are the most trained in the answers that you seek on this forum.  Learning about your rights is a good thing and something I encourage for everyone.


#2 NewYorkEmploymentAttorney

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Posted 25 February 2013 - 03:32 PM

Unfortunately, in New York State nepotism and favoritism are not illegal. If you feel that the actions taken against you were instead motivated by discrimination then you may have a viable claim if you are located in New York State.
Posted ImageThis answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to matters in New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us at our website: www.QueensEmploymentAttorney.com or via Twitter (https://twitter.com/#!/EmployAttorney) or Facebook (http://www.facebook....RicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

#3 Fallen

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Posted 25 February 2013 - 03:50 PM

I'd qualify "instead motivated by discrimination" to say *unlawful* discrimination (not all discrimination is unlawful.

While it was dumb of the supervisor to say your job was being "eliminated" (well, technically it was ... for you) vs. just say "the boss wants his kid to have it," that's not unlawful. And they didn't have to offer you another job. It doesn't matter, I'm afraid, that the kid doesn't have your knowledge base or skill.

So long as you're making min. wage (if non-exempt) or $455/week (if exempt/"salary"), employer's free to pay you what it likes.

An employer's free to write you up in retaliation for griping about what should be obvious.

Unclear what you mean in terms of employer help with a medical condition, but you're free to file a workers' comp complaint. Note that how you handle stress ultimately is something you'd discuss with a medical professional (and noting that workers' comp claims are horrifyingly difficult to prove, esp. when they're based on stress). My advice is to stop complaining about stuff and/or start looking for a new job. (I gather it's being forgotten by you and your boss that they're free to let you go any time they like, for no reason at all.)

It doesn't sound like there are any laws being broken here, so I'd stop looking for an attorney.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#4 wsucram15

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Posted 25 February 2013 - 05:06 PM

NY ATTNY- It is Maryland(at will state) and I am very aware that nepotism (a favored practice by the new owners) is not against the law, unless it violates ones rights under EEOC..which perhaps because there is not enough detail, i believe has been done. I moved on from the nepotism issue although incurred other issues with this young man over time. I mentioned it mostly to establish the salary basis. Aside from the retaliation as a direct result of my coming forward which I have told Human Resources I no longer wish to speak and the director (based on all the data) is not backing off.

FALLEN-I dont gripe, my complaints were all formal to the director of human resources but I dont bother anymore..I have been so harassed/assaulted that I wanted to go to district court and - file charges against manager who assualted me, however I got a warning email from Human Resources at home to refrain. Writing me up for nothing, making a complaint, is harassment in this state as well as other issues of assault. EEOC just made record complaints with regard to this issue as well as the accompanying "bullying" .

Lets see, employer help with ADA...accomodations, when this was requested I was denied. I never said anything about stress, although stress aggravates most serious illnesses and is common in these type issues, one of which I suffer from and yes it will pass the tests. Why would I file workers comp..because the employer has aggravated my serious medical condition? I dont follow your point, but its ok because you appear to be aggravated just by my email asking a question on a legal site,,I thought thats what this was for. thank you for your time and I am sorry my question bothered you.

I would like to state I am a Human Resource Person with a prior degree in the law.  This does not make me an Attorney nor am I attempting to advise you as such.  My advice will be personal in nature based on what you have said, unless I have pulled info from a legal site in your state.  In addition, the best personal advice to everyone is, if you have a question of a legal nature regarding what you feel is a violation of your rights speak to an Attorney. They are the most trained in the answers that you seek on this forum.  Learning about your rights is a good thing and something I encourage for everyone.


#5 Fallen

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Posted 26 February 2013 - 09:53 AM

Don't read through an emotional lens and project annoyance onto someone else's response; read with matter of fact/practical lens.

We cannot know from here whether you have a disability as defined under the ADA or what accommodation you sought that were reasonable. You haven't said anything about time off work or FMLA, but there's that as well (ADA administered by EEOC; FMLA by federal DOL).

You (still) haven't said anything to indicate unlawful discrimination is occurring; if you believe that, then you complain to the EEOC. (The problem is that you've evidently talked with more than one lawyer about this and they are not interested; that is meaningful in terms of the validity/seriousness of case. You're always free to sue on your own, of course, but ... that's not a good DIY project.)

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#6 wsucram15

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Posted 06 March 2013 - 09:18 PM

Fallen:
I have never detailed the entire situation to an attorney, not even here. I have inquired with 3 maybe 4 larger firms but the reply is always the same, it will take too long for the free consultation so it will be X dollars to talk to me per hour. It takes too long, too much detail. In fact, I am sure at this point, some of the inital issues will not be addressed by EEOC due to time frame limited to 300 days. Most of the research and documentation I have done myself and even though I have prepared cases under attorney guidance as a Paralegal, you are correct, this is not a good DIY project, representing yourself, is not an intelligent move. Im sick, not felling well, but not stupid.

You have let me know a couple of things I needed to hear and while I am quite sick from the stress which has affected my more serious illlness protected at this point by FMLA, I must apologize for my original reply as this is not a subject to become emotional about. After posting on here, I spoke with one firm that did ask me some questions, which I appreciated and while they suggested I obtain representation they didnt tell me anything nor would they represent me which was more than likely monetary as this was discussed.

But I never did this for myself and really didnt know what to do, it has been some time since I worked for an attorney, laws are different, and since the company I work for is rather large, they can be very intimidating. So with all of that said, what you said made sense, I am aware of the situation and will stop let it affect me the way that it has been, try to recover and move on as quickly as possible. I just dont think its worth the continued wasted energy and stress. I have always lived by the saying that anger and resentment are like swallowing poison and hoping the other guy dies. Im just not going to do that.

Thank you for your time,

I would like to state I am a Human Resource Person with a prior degree in the law.  This does not make me an Attorney nor am I attempting to advise you as such.  My advice will be personal in nature based on what you have said, unless I have pulled info from a legal site in your state.  In addition, the best personal advice to everyone is, if you have a question of a legal nature regarding what you feel is a violation of your rights speak to an Attorney. They are the most trained in the answers that you seek on this forum.  Learning about your rights is a good thing and something I encourage for everyone.


#7 Guest_FindLaw_Amir_*

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Posted 07 March 2013 - 11:33 AM

To learn more about employment discrimination, visit the Employment Law Center and read Employment Discrimination as a good resource.




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