BSA401Eagle
Junior Member
Background Info
I work in the corporate office for a company with 2 divisions, which do business in 2 completely separate fields. There used to be a 3rd division, which was divested in August 2003. I started out as a Human Resources Data Entry Clerk in August 2001, but when the company divested one of the divisions in 2003, it cut our workforce in half, and therefore the Corporate office was just about cut in half. There was a Benefits Administrator with a Bachelor's degree who was let go, and I was kept. I have many theories on why I am still here (at the time I had no degree, I was paid MUCH less, I didn't turn down any projects while the Benefits Admin complained about several projects, and I learn new things much quicker) and the Benefits Admin was let go.
5 months after the lay-offs, I finally received my annual review which was due about the time the division was divested. With the review I received a promotion to Human Resources Administrator. My boss tells me all the time that I'm a great employee, a hard worker, and so on, and introduces me to insurance vendors and others, as her "right hand man." This past January I received a "Market Adjustment" which is still below the 25th percentile according to salary.com, but I feel I was given this Market adjustment because my boss really does not want to lose me, because I've taken on the majority of the Benefits Administrators duties, in addition to my own. I also am the only person in the company who has ever used the Affirmative Action Plan software, and I've done the EEO-1 report for the past 5 years, and I believe it would take my boss three times as long as it takes me to do it, because she'd have to set up reports and familiarize herself with the reporting website for EEO-1 reporting and the AAP software.
My Personal/Education History
In High School I went to a vocational school for part of the day, during my Senior year for computer programming. Then from September 2000 to September 2003 I attended ITT Technical Institute (it was a 2 year program that took me 3 years, as I couldn't afford to take 3 classes per quarter and I had to work while attending to pay my way. My current employer knew I was going to school while working, and in January and February of 2003 the Vice President of Human Resources asked me if I'd like to help out in the IT department by being part of the help desk, while continuing to carry out my duties in the HR department. Of course I helped out and received nothing but good remarks. Then, in February, my boss (at the time was title the Benefits Manager) needed my help because the government required all companies to mail to each benefitted employee, a letter regarding HIPAA. The day it had to be post marked, I was helping the IT Manager rebuild the VP of HR's laptop, and since I also had access/permissions to the HR database/Payroll database, I needed to be their to test the login to see if the software was mapped correctly to the network drives where the database was. My boss came into the IT office, and found 2 people working on one computer and had a fit, without even knowing what was going on. She then called the VP of HR at another lab and had me removed from the Helpdesk. And her reason was because she needed my help to get the HIPAA mailing out. September 11th 2003, I graduated from ITT Tech with an Associate of Applied Science Degree in Information Technology - Computer Network Systems. I made a copy of my degree, and hung it in my cubicle. The VP saw it a week or so later, and she and my boss took me to lunch. I was told at this lunch, that the company was looking to purchase other companies, expand the workforce "and there would be new positions opening up that you_d be qualified for in the IT department, so don't you go leaving us!"
Company Policy on open positions - Straight from the Employee Handbook
Internal Search
An internal search will be conducted. Open positions are posted through the job-posting program.
Regular full-time positions are posted for a 5-day period. The job description and other relevant information are faxed to all locations for posting by Corporate Human Resources. Part-time or temporary positions, or senior positions as determined by the Company, need not be posted through this job-posting program.
External Search
If a position is not filled through the internal search (job posting) process, an external search may be initiated. In conjunction with Affirmative Action Plan, open positions that are not filled internally must be posted within organizations listed in the Affirmative Action Plan, where applicable.
Open Positions
Last September there was a Customer Service Supervisor position that opened up. This position was never posted internally. While I waited for it to be posted, it was posted on Careerbuilder, and before I knew about it, I had received the new hire paperwork for our new Customer Service Supervisor. I had talked to the Lab Manager after the previous CS Supervisor had submitted her resignation, but before her term date. We had not posted the position yet on Careerbuilder, because the Lab Manager had just been in my boss_s office to submit the _Request for Hire._ The Lab Manager told me he would keep me in mind, but also felt that there were 2 people in the corporate accounting department who were more qualified than myself. There was also a Customer Service person working in the other division, but in the same building who was probably most qualified for the position, however, the 4 of us (qualified employees) never even knew that the Company had skipped the Internal Search for open positions. I feel that this was done intentionally by my boss who_s title (used to be Benefits Manager) is now Corporate HR Manager. Since she had the final call on posting procedures, she decided to skip the Internal Search. I believe that my boss expected me to apply, and didn_t want to lose me, and also, the other Customer Service person, in the other division, was the only CS person in the building handling CS for that division. Had that CS person been selected for the open position, it would have disrupted business within that division, a great deal.
Just recently, one of the 2 temporary employees working through a staffing agency, quit. Both of these temps were working the Helpdesk, and the IT Manager decided it was time to actually hire full time employees for these 2 positions. These positions were posted internally AND externally on the same day, again not following policy. One other employee and I applied for the position as well as hundreds of external applicants. I was told by my boss, when I gave her my internal job application, _Let me say this first. Although I would hate to lose you, but if you are selected for this position then more power to you and IT._ The other temp that was still working was treated as an external applicant, as he is not employed directly by my company. I had to set up the interview schedule for the IT Manager, as I am still the HR Administrator, and when I asked the IT Manager if he had talked to the temp to find out when he_d like his interview, the IT Manager told me, _I don_t need to interview him, I have worked with him and I love him._ This basically told me that the temp already had one of the 2 openings, and all the interviews were for the other position. When I went in for my interview, I nailed down all the questions that are more typical Helpdesk problems. I was asked 2 other questions however, that I struggled through. One that I don_t believe falls in the Helpdesk duties, but in the System Administrator_s, and the other question, was a series of questions about a particular problem, and what I would do, and one step was left off. Now, I admit, and I admitted to the IT Manager after the interview, that I didn_t interview as well as I would have liked to, and I asked him how it went, and what my chances were. I was told that he likes me, and that when I had worked with him in the past (he_s the guy I was helping rebuild the VP_s laptop over 2 years ago) and he said he knows I do a good job. He said my chances were good, and he knows that it has been over two and a half years since I was in school, and had any reason to discuss the types of things I was asked in the interview. I had done some studying the couple nights before the interview, but it takes more than a 2 evenings to refresh myself on a 2 year course.
Also, every now and then, the Lab Manager I had spoken with about the CS Supervisor position, has told me of an opening in his lab for a machinist, and we_d discuss my salary, and whether I_d be willing to take the position. One time he told me (before I received my _Market Adjustment increase_) that he had spoken to my boss about taking me into the machine shop, and according to him, my boss_s response was _Oh, you can_t take him from me, he_s my right hand man._
I feel that everything is being done by my boss to keep me from leaving my current position. Both the CS Supervisor and the Helpdesk positions would have given me an increase of roughly 35%, and at age 24 (and Married) I_d like to move away from an entry level position, and move into something with more responsibility (and pay so I can start a family). I was asked by the VP of HR and it was echoed by my boss, not to leave the company, as I would be able to move on to the IT department. But now I am being penalized because it has been two and a half years since I was in school, and was not able to interview as well as I would have, had I left the company and gone searching for an IT position immediately after graduation.
I_d like to know if I have enough to file a lawsuit, and if so, how good is my case, and what can I expect? Any advice?
I work in the corporate office for a company with 2 divisions, which do business in 2 completely separate fields. There used to be a 3rd division, which was divested in August 2003. I started out as a Human Resources Data Entry Clerk in August 2001, but when the company divested one of the divisions in 2003, it cut our workforce in half, and therefore the Corporate office was just about cut in half. There was a Benefits Administrator with a Bachelor's degree who was let go, and I was kept. I have many theories on why I am still here (at the time I had no degree, I was paid MUCH less, I didn't turn down any projects while the Benefits Admin complained about several projects, and I learn new things much quicker) and the Benefits Admin was let go.
5 months after the lay-offs, I finally received my annual review which was due about the time the division was divested. With the review I received a promotion to Human Resources Administrator. My boss tells me all the time that I'm a great employee, a hard worker, and so on, and introduces me to insurance vendors and others, as her "right hand man." This past January I received a "Market Adjustment" which is still below the 25th percentile according to salary.com, but I feel I was given this Market adjustment because my boss really does not want to lose me, because I've taken on the majority of the Benefits Administrators duties, in addition to my own. I also am the only person in the company who has ever used the Affirmative Action Plan software, and I've done the EEO-1 report for the past 5 years, and I believe it would take my boss three times as long as it takes me to do it, because she'd have to set up reports and familiarize herself with the reporting website for EEO-1 reporting and the AAP software.
My Personal/Education History
In High School I went to a vocational school for part of the day, during my Senior year for computer programming. Then from September 2000 to September 2003 I attended ITT Technical Institute (it was a 2 year program that took me 3 years, as I couldn't afford to take 3 classes per quarter and I had to work while attending to pay my way. My current employer knew I was going to school while working, and in January and February of 2003 the Vice President of Human Resources asked me if I'd like to help out in the IT department by being part of the help desk, while continuing to carry out my duties in the HR department. Of course I helped out and received nothing but good remarks. Then, in February, my boss (at the time was title the Benefits Manager) needed my help because the government required all companies to mail to each benefitted employee, a letter regarding HIPAA. The day it had to be post marked, I was helping the IT Manager rebuild the VP of HR's laptop, and since I also had access/permissions to the HR database/Payroll database, I needed to be their to test the login to see if the software was mapped correctly to the network drives where the database was. My boss came into the IT office, and found 2 people working on one computer and had a fit, without even knowing what was going on. She then called the VP of HR at another lab and had me removed from the Helpdesk. And her reason was because she needed my help to get the HIPAA mailing out. September 11th 2003, I graduated from ITT Tech with an Associate of Applied Science Degree in Information Technology - Computer Network Systems. I made a copy of my degree, and hung it in my cubicle. The VP saw it a week or so later, and she and my boss took me to lunch. I was told at this lunch, that the company was looking to purchase other companies, expand the workforce "and there would be new positions opening up that you_d be qualified for in the IT department, so don't you go leaving us!"
Company Policy on open positions - Straight from the Employee Handbook
Internal Search
An internal search will be conducted. Open positions are posted through the job-posting program.
Regular full-time positions are posted for a 5-day period. The job description and other relevant information are faxed to all locations for posting by Corporate Human Resources. Part-time or temporary positions, or senior positions as determined by the Company, need not be posted through this job-posting program.
External Search
If a position is not filled through the internal search (job posting) process, an external search may be initiated. In conjunction with Affirmative Action Plan, open positions that are not filled internally must be posted within organizations listed in the Affirmative Action Plan, where applicable.
Open Positions
Last September there was a Customer Service Supervisor position that opened up. This position was never posted internally. While I waited for it to be posted, it was posted on Careerbuilder, and before I knew about it, I had received the new hire paperwork for our new Customer Service Supervisor. I had talked to the Lab Manager after the previous CS Supervisor had submitted her resignation, but before her term date. We had not posted the position yet on Careerbuilder, because the Lab Manager had just been in my boss_s office to submit the _Request for Hire._ The Lab Manager told me he would keep me in mind, but also felt that there were 2 people in the corporate accounting department who were more qualified than myself. There was also a Customer Service person working in the other division, but in the same building who was probably most qualified for the position, however, the 4 of us (qualified employees) never even knew that the Company had skipped the Internal Search for open positions. I feel that this was done intentionally by my boss who_s title (used to be Benefits Manager) is now Corporate HR Manager. Since she had the final call on posting procedures, she decided to skip the Internal Search. I believe that my boss expected me to apply, and didn_t want to lose me, and also, the other Customer Service person, in the other division, was the only CS person in the building handling CS for that division. Had that CS person been selected for the open position, it would have disrupted business within that division, a great deal.
Just recently, one of the 2 temporary employees working through a staffing agency, quit. Both of these temps were working the Helpdesk, and the IT Manager decided it was time to actually hire full time employees for these 2 positions. These positions were posted internally AND externally on the same day, again not following policy. One other employee and I applied for the position as well as hundreds of external applicants. I was told by my boss, when I gave her my internal job application, _Let me say this first. Although I would hate to lose you, but if you are selected for this position then more power to you and IT._ The other temp that was still working was treated as an external applicant, as he is not employed directly by my company. I had to set up the interview schedule for the IT Manager, as I am still the HR Administrator, and when I asked the IT Manager if he had talked to the temp to find out when he_d like his interview, the IT Manager told me, _I don_t need to interview him, I have worked with him and I love him._ This basically told me that the temp already had one of the 2 openings, and all the interviews were for the other position. When I went in for my interview, I nailed down all the questions that are more typical Helpdesk problems. I was asked 2 other questions however, that I struggled through. One that I don_t believe falls in the Helpdesk duties, but in the System Administrator_s, and the other question, was a series of questions about a particular problem, and what I would do, and one step was left off. Now, I admit, and I admitted to the IT Manager after the interview, that I didn_t interview as well as I would have liked to, and I asked him how it went, and what my chances were. I was told that he likes me, and that when I had worked with him in the past (he_s the guy I was helping rebuild the VP_s laptop over 2 years ago) and he said he knows I do a good job. He said my chances were good, and he knows that it has been over two and a half years since I was in school, and had any reason to discuss the types of things I was asked in the interview. I had done some studying the couple nights before the interview, but it takes more than a 2 evenings to refresh myself on a 2 year course.
Also, every now and then, the Lab Manager I had spoken with about the CS Supervisor position, has told me of an opening in his lab for a machinist, and we_d discuss my salary, and whether I_d be willing to take the position. One time he told me (before I received my _Market Adjustment increase_) that he had spoken to my boss about taking me into the machine shop, and according to him, my boss_s response was _Oh, you can_t take him from me, he_s my right hand man._
I feel that everything is being done by my boss to keep me from leaving my current position. Both the CS Supervisor and the Helpdesk positions would have given me an increase of roughly 35%, and at age 24 (and Married) I_d like to move away from an entry level position, and move into something with more responsibility (and pay so I can start a family). I was asked by the VP of HR and it was echoed by my boss, not to leave the company, as I would be able to move on to the IT department. But now I am being penalized because it has been two and a half years since I was in school, and was not able to interview as well as I would have, had I left the company and gone searching for an IT position immediately after graduation.
I_d like to know if I have enough to file a lawsuit, and if so, how good is my case, and what can I expect? Any advice?