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Discrimination

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microbiologist

Junior Member
What is the name of your state? OH :mad:

Discrimination

I am a 40 plus Asian female used to work as a Quality Manager for a manufacturing company in Ohio. Yesterday, 12/10/2004 the VP of HR gave me a Separation and Release Agreement informing me that my position with the company is eliminated. I was told the micro lab is going to be relocated to NY. When I asked him why I was not given the choice to relocate with my lab to NY, he told me my superior said I did not wish to relocate to NY. In the same breath I was told the plant in NY might relocate to WV. Since I am going on vacation, they are going to put someone in the lab, but he told me after my vacation I need to call in to talk about transfer to NY, at the same time he told me not to come in to the plant anymore, and gave me an hour to clear up my belongings.

Background:

In 2002, I was interviewed and hired as the company Plant Quality Manager. I am responsible for the plant quality, including microbiological and chemical plus issuing Certificate of Analysis. Also, I am to set-up the in-house microbiology laboratory for the company. On 6/2004, I finally completed setting-up a functioning micro lab and run it myself. I have dual role with the company, the plant quality manager and microbiologist.

In 9/2004, the HR, plant manager and VP of Technical Services interviewed a candidate in a nearby hotel. The guy showed up when my technician resigned and told me the secret interview.

Prior to my laid-off: my superior, the Executive VP coerced me to leave the company without waiting for them to lay-off me in three (3) occasions via phone calls, 11/9/04, 11/19/04 and 12/3/04. He told me all these phone calls were confidential. When I asked him if this is official lay-off notice, he told me it is not. And also warned me not to reveal to anyone.

Questions:

1. Currently they place the technician that we hired fresh from college this May-2004 as Quality Manager in my office performing my quality manager responsibilities. This supposed technician was actually Quality Manager, but I was not told. I found out from a Third party food auditing company (AIB) report on 10/14/04 that his title is Quality Manager which is my title. Am I been discriminated, age, sex and race? He is white, male, 23.
2. My other job duty, the microbiologist, currently they hire are supposed-to-be my fill-in during my vacation, even though I already being laid-off. I was told the micro lab is to be relocated to NY. When I questioned the HR when the micro lab is going to be relocated, he told me pending on 2005 budget. Can they force me to transfer to NY and fire me because there is no job in NY since the lab is not there? It is trap to get rid of me.
3. What kind of discrimination am I facing? Do I have recourse or I should forget about it? What is the statue of limitation for sex, age and race?
4. The microbiologist who is temporary now later become a permanent employee after I am off the payroll, and the micro lab is still there, do I have a recourse? (I know for a fact the micro lab will not be moving to NY because they spent money to build this brand new lab 6 months ago. All products from 2 other plants are sent to my micro lab for testing.) If 6 months from now, the lab is still there and they hire someone permanent, can I file charges against the company after 6 months?
5. Title: my official title is Plant Quality Manager. On 12/10/04 when the HR served me the paper, he verbally told me my senior microbiologist position is eliminated. (I was never been told or aware or announced that I was the Senior Microbiologist of the company.) Since I am the plant quality manager, if they laid-off me the plant should be shut down too? They just laid-off me.
6. Should I get myself a lawyer or file EEOC or both? What is the pro and cons of getting a lawyer and/or filing EEOC?
7. If I refuse to relocate to NY, can the company fire me since there is no job for me there? Because during one of my confidential phone calls from my superior, even if I agree to transfer, they are still going to fire me because there is no job for me there until the micro lab is relocated there.
 


BelizeBreeze

Senior Member
1. Currently they place the technician that we hired fresh from college this May-2004 as Quality Manager in my office performing my quality manager responsibilities. This supposed technician was actually Quality Manager, but I was not told. I found out from a Third party food auditing company (AIB) report on 10/14/04 that his title is Quality Manager which is my title. Am I been discriminated, age, sex and race? He is white, male, 23.
Being An Asian female over 40 gives you no more rights than a white male from the bronx who is 21 to be 'told' the reasons for the plant move or why your replacement was brought in to begin work. As for discrimination, that's quite a stretch.

2. My other job duty, the microbiologist, currently they hire are supposed-to-be my fill-in during my vacation, even though I already being laid-off. I was told the micro lab is to be relocated to NY. When I questioned the HR when the micro lab is going to be relocated, he told me pending on 2005 budget. Can they force me to transfer to NY and fire me because there is no job in NY since the lab is not there? It is trap to get rid of me.
Of course they can. Whether or not it's a trap, how the hell should we know? Give me your manager's phone number and I'll ask them.


3. What kind of discrimination am I facing? Do I have recourse or I should forget about it? What is the statue of limitation for sex, age and race?
Based on the facts in your post, none at all. Therefore, there is no statute of limitations.

I was going to wade through your other questions but they are nothing more than a rehashing (in other words) of your other 'issues' for which you have not provided any proof.

If you feel this is a case of discrimination then by all means hire an attorney. But you'd be wasting your money based on the facts as you presented them

Of course, I fully expect you to return here and demand your rights. After all, this isn't what you wanted to hear. Unless, of course, you believe being Asian establishes for you more rights than any other person. :rolleyes:
 

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