• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is this discrimination?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

AlanSmith

Junior Member
What is the name of your state (only U.S. law)? NY

I have a complicated problem at work. I've worked for a private company for the last 6 years. The company has had two owners since I've been employed there. The upper management (not the owner) has been present since my employment began, they basically started the same time I did. The upper management came from another company I'll call Company X. Our company basically has become Company X, many of our employees coming from there working in all departments having different titles. Management from the time I've been there has gradually brought over friends and family from Company X giving them jobs where I work. The new owner trusts the upper management, we assume he's just happy as long as profits are good. Upper management favors the people they brought over giving them better salaries and positions. No seniority exists, people came over from Company X and acquired higher titles within a month of their hire that people have been working for years have yet to get. The original employees like myself I'll call "old" and others employed there up to 6 years and greater feel discriminated against b/c we're not from Company X. We haven't had a raise since the new owner took over the company in 2011. They have removed "old" people from higher positions to make room for themselves giving "old" people lesser titles. The people from Company X in addition to other new hires not from Company X all make higher salaries than the "old" people. People from Company X are given privileges not extended to the "old" employees such as the right to work from home. Some from Company X abuse time or steal time and the management covers for them since they all know each other and have a 15-20 year history. They come to work when they please, leave when they please and they still get paid. Their vacation isn't depleted it's like they have unlimited vacation taking many days off, but their vacation time remains the same. We the "old" employees don't feel that the owner is aware of these things. Management also changed the work schedules of employees in our department. People have been working the same schedule since they began their employment some for 11 years or more. We were not asked by management if we could work the new schedule, if it fit our lifestyle, we had to take it or leave it. The less desirable work schedules were given to the "old" employees or employees the management doesn't like and the better shifts were given to people from Company X and other new hires. Some "old" employees are forced to work permanent weekends forever while Company X employees can work weekdays. Company X employees and other new employees started their employment telling management when they can work and the schedule they need and management accommodates them. The "old" employees are tired of the employees from Company X being put up on a pedestal. They make it seem like we the "old" employees are inferior and not as productive as they, but this is not true. Sometimes we joke that if we went to Company X and worked there for awhile and then returned maybe we would get some respect. Our hands are tied and we the "old" employees have been thinking about seeking help. We're just going backwards not making as much money, not advancing, etc. so others from Company X can do so at our expense. Most of the "old" employees made more when we started our jobs 6-12 years ago. In this economy who can afford to go backwards.

Would we have a case for discrimination or other type of case? Thanks for any input...
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? NY

I have a complicated problem at work. I've worked for a private company for the last 6 years. The company has had two owners since I've been employed there. The upper management (not the owner) has been present since my employment began, they basically started the same time I did. The upper management came from another company I'll call Company X. Our company basically has become Company X, many of our employees coming from there working in all departments having different titles. Management from the time I've been there has gradually brought over friends and family from Company X giving them jobs where I work. The new owner trusts the upper management, we assume he's just happy as long as profits are good. Upper management favors the people they brought over giving them better salaries and positions. No seniority exists, people came over from Company X and acquired higher titles within a month of their hire that people have been working for years have yet to get. The original employees like myself I'll call "old" and others employed there up to 6 years and greater feel discriminated against b/c we're not from Company X. We haven't had a raise since the new owner took over the company in 2011. They have removed "old" people from higher positions to make room for themselves giving "old" people lesser titles. The people from Company X in addition to other new hires not from Company X all make higher salaries than the "old" people. People from Company X are given privileges not extended to the "old" employees such as the right to work from home. Some from Company X abuse time or steal time and the management covers for them since they all know each other and have a 15-20 year history. They come to work when they please, leave when they please and they still get paid. Their vacation isn't depleted it's like they have unlimited vacation taking many days off, but their vacation time remains the same. We the "old" employees don't feel that the owner is aware of these things. Management also changed the work schedules of employees in our department. People have been working the same schedule since they began their employment some for 11 years or more. We were not asked by management if we could work the new schedule, if it fit our lifestyle, we had to take it or leave it. The less desirable work schedules were given to the "old" employees or employees the management doesn't like and the better shifts were given to people from Company X and other new hires. Some "old" employees are forced to work permanent weekends forever while Company X employees can work weekdays. Company X employees and other new employees started their employment telling management when they can work and the schedule they need and management accommodates them. The "old" employees are tired of the employees from Company X being put up on a pedestal. They make it seem like we the "old" employees are inferior and not as productive as they, but this is not true. Sometimes we joke that if we went to Company X and worked there for awhile and then returned maybe we would get some respect. Our hands are tied and we the "old" employees have been thinking about seeking help. We're just going backwards not making as much money, not advancing, etc. so others from Company X can do so at our expense. Most of the "old" employees made more when we started our jobs 6-12 years ago. In this economy who can afford to go backwards.

Would we have a case for discrimination or other type of case? Thanks for any input...
Short answer: No. :cool:

There's a reason that many companies make discussing pay a termination-worthy offense.
 

swalsh411

Senior Member
I see nothing illegal occuring. It is legal to favor one group of employees over another for the reason you are describing. You should come to terms with the reality that the workplace is not always "fair", there is no law to require that it be "fair", and that you always have the recourse of looking for employment elsewhere.
 

Eekamouse

Senior Member
How do you know anything about anyone's vacation days except your own? That's none of your business and I doubt you're privy to how much each employee has accrued regarding vacation days. You are assuming a lot and worrying about matters that are not your concern.
 

cbg

I'm a Northern Girl
Agree with the other answers. While it is discrimination, discriminating on the basis of which "legacy" company you come from is not illegal discrimination.
 

commentator

Senior Member
It all just goes to what I always say, people really think they have more rights and protections related to employment and the workplace than they do. In this situation, the company has all the power, can if they so choose, treat you people worse than they are now. Your recourse is to quit. Find another job. I doubt strongly that enough of you will walk off the job together to make any sort of major statement, much less shut them down.

So what you do, you old employees, is get together and gripe about the situation and mumble and insist you're going to "see somebody" or "take some action." In reality, even if you quit your job because of the way you are being treated less well than these other employees, you will not be likely to be approved for unemployment insurance, or to have been determined to have quit your job for a valid reason. There are no labor laws that are being broken, no illegal discrimination is taking place, and your employer has the right to treat both you and your co workers any way they see fit to do so, even if they pay you less, or give you the less desirable shifts or anything else they decide to do, as long as they pay you minimum wage and arrange to have safe working conditions for you.
 

cbg

I'm a Northern Girl
BTW, in case of a merger or takeover this is just another day at the office. Not even remotely unusual.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top