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class action suit

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M

MsBrown

Guest
What is the name of your state? Georgia.
I was an employee with of a state funded agency with state rights, I have had a hearing with the state law judge but a decision has not be made yet. My court dates were June 6 and 7 with summations turned by August 30, 2002. Since my unfair dismissal, which was determined by the Labor Dept., where I recieved 9 months unemployment, several black key position employees has also recieved demotions or not given proper upgrades for no reason. The management would not allow them to do certain tasks and then demoted them because they did not do it. If they had they would have been fired. During the time I was on staff recieved several promotions, 23 years of good reports of performances and without the assistance of the mangement team, asked for a job review to upgrade my position.
When my job upgrade was determined I informed my supervisor, who knew I was doing this and approved for me to make the interviews to be heard. Once my supervisor was informed within 1 month I recieved a reprimand regarding my work over the past 10 years and notice that a white employee, who had no experience in medical billing will be over seeing the responsibilities of my position. Included in this reprimand that I was to assist in training this individual. She recieved a sizable increase in pay to supervise my position, but I did not get demoted nor lose pay. I was informed by the personnel director I had no reason for grieving this action because I did not lose any pay or position and if I did not assist this new supervisor in learning the job I would be fired. I wrote the governor of this state and a copy of that letter was sent to the director, where my new supervisor informed me that the management team did not was to lose me but if I complain outside of this department again I would be dismissed. A few weeks later I was put on supension for records lost only to find out that it was the new supervisors computer that the lost was produced, but she told me that did not matter.... she said it was my fault and if I just do 3 days supension without complaint, I could keep my job. During those days I obtained an attorney to file a grievance regarding the decision of the director to accept the complaint of my new supervisor without considering the fact it was not my computer and I had no access to my new supervisor computer on the day of the lost. I returned to work and 2 to 3 months later, while of sick leave, I recieved a summons to appear in a hearing regarding my grievance, at which the state agency recieved a summons of the complaint made by me. I returned to work on the following Monday and at the end of that day I was given a letter informing me I was being dismissed because of my inability to perform the tasks of my job, excessive and inapproporate emails. The process is still going on since I have not been issued a final determination from the state judge. Now more black employees are going through this same process and about to lose their jobs. A few of the things happening are a follows:
The black program manager as been demoted for not doing his job which several limitations were place on him...now the demotion is that he did not perform the same task he was limited in doing.
A white manager with only high school and no experience upon accepting the position has retired and a black staff member, who has worked in that department over 15 years was given the position but the job was downgrades several steps to the point the position was only a 1 step promotion for this black employee.
The EEOC officer was requested to please inform the director of persons made complaints and she would tell the EEOC on site officer what she wants done to the employee. The officer was offered an increase in her regular position if she did this, the officer refused and resigned as EEOC officer, which we will probably be hearing of her dismissal soon.
Several clerks, 3 whites and 3 blacks, were looked over for pay increases and made a complaint to the director. Upon consideration of their complaint the 3 white clerks were given position upgrades and the 3 blacks were informed that they deserved the upgrades but at this time the department were on a freeze and this could not be done at this time.
A lead staff performing the duties of interim director for a department while the department head was out for months with cancer applied for the position when the director of the department submitted her resignation. The director hired and gave the promotion to a white regular staff member saying she had more experience and that was the explanation to the black interim not getting the position. I knew better because the county inwhich this new director worked in did not have this type of department, out facilities performed the task for both counties.
These are just a few situations and their are more. Presently we have 20 cases of blacks losing top positions to only be put under the supervision of whites they supervised and the reasons being like, the director close a department because of the lack of money and reopening it without posting the reopen and stating that the new white supervisor incurred of the position. And if the prior supervisor inquires about the fact that funding never stopped or anything, the black supervisor is given reprimand that clearly states insubordination and a demotion. That is now reverse roles and reverse pay. If grieved, white staff members who surprisingly get pay raises comforth and tesify to lies. Upon the information provided do you think the 20 black persons have come together to try to resolve these issues, we met with the state director of personell affairs. A report was produced and truned in to the commissioner and it was then announced they information investigated the information is not be to opened and it has just be smashed. Do this group have the making of a class action suit under discrimination and if so how do we get started?
 


S

Sinsaint26

Guest
I won't comment on the merits of your case at it seems you are taking appropriate steps through the state agency. That being said, I will try to lay out a scenario. A group of three women are all terminated while pregnant. Employee A can prove discrimination, FMLA violations, retaliation for filing a complaint with a government agency and a number of other violations. She was subjected to daily threats of termination and rude comments about her pregnancy. Employees B & C can only infere that their termination had something to do with their pregnancy because they had no problems up until this point. Although they both lost their job, neither were subjected to the threats and the unfair treatment that employee A was. If employee A files suit alone she may be able to get a judgement or settlement of $400,000.00. If she joins a class action suit they may be able to get a judgement or settlement of $500,000.00. This probably sounds better until you realize that all the money will be split equally. Employee A will now only get $170,000.00. Employee A would have been better off filing her own suit. I didn't even add in the taxes and the attorney's chunk which would reduce the numbers even further.

Many people believe class action suits are better because there is strength in numbers. This is best for individuals who don't have a strong case on their own. But if you feel you have a case without the others, your best option is to file a lawsuit on your behalf only. I'll tell you my own funny story.... I bought an insurance policy when I bought my furniture (stain gaurd, and if my furniture did get stained the company had to either recover the furniture or replace it). I paid an extra $800.00 for this coverage. I got a letter asking me to join this class action suit to recover the insurance money because the company was not honoring the agreements. "Great, I'm gonna get some of my money back.... $400.00, $500.00, hell, maybe even $600.00." I got a check two months ago for $22.19. Granted I never would have filed a suit of this type on my own but it just goes to show how much money you will actually recover in a class action suit.
 
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T

Thomas234

Guest
I've got one better... about two years ago I was one of many who were part of a class action suit against Chase Bank. I think the only reason I was "added" to the class action lawsuit was because I happened to have a Chase credit card. I only used it for the 0% balance transfer deal for a year deal then closed the account.

Anyway one day I got a check in the mail... for 32 cents. Yes, 32 cents. I cashed that damn thing too!
 

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