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can they really reg away with all this??

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D

debkay

Guest
Fired: Yes
Date fired: 12/16/2000
About to be fired: Yes
Reason for being fired: Yes. Poor performance
Different reason for being fired: Direct supervisor does not like women managers. Direct supervisor upset & retaliating for me reporting his harassement, hostile work environment & sexual harrassement. Direct supervisor upset because I went above his head for right to work part time when I received cancer diagnosis.
Quit: No
Harassed: Yes
Harassed last time: Friday 12/15/2000
What harassment: Spoken to harshly in front of subordinates during morning meeting, told my staff was no good,
Why harassed: age, sex, race & rate of pay
Reported harassment to: District Manager, & Regional HR Manager
Reported position: same as above
Reported to still employed: Yes
Who witnessed: several employees & other management members
What witnessed: The tone & body lanaguage of immediate supervisor in way he dealt with me as opposed to other male management
Witness still employed: Yes
Report to government: No
Written complaint: No
Written notify can file lawsuit: No
Presently employed: No
Quit fired employed earnings: 35,700 per year
The other facts: 2 previous managers have left this store due to General Manager. One was a white female who took a position elsewhere. The other is a white male who requested a transfer out of store. Both were replaced with lower paid hispanic males. The white male manager has stated that his belief is General Manager treats me differently because of his culture(Mexican) does not value women in positions of authority. I did report harrassement & hostile workplace on 2 seperate occasions. Was not taken seriously. Had to have surgery in June of last year. Surgery results positive for thyroid maligancy. Needed atdditional part time leave. Was told by GM no, needed to be off totally & they could not guarantee position on return. I went above his head & was told next time I should plan better---I didn't know I was supposed to plan for cancer! Regional HR allowed me to work reduced hours but reduced my pay. Is this legal under FLSA? Certain tasks were not completed during the time I was off on leave,for this I was given a written warning. Is this legal? Before the surgery I was having trouble using a headset(couldn't hear well), brought in doctor's note stating not to use headset & was told this could result in loss of job because it was required. I had not received job description or policy stating such before the time of hire. Is this legal? The GM has also made several sexual comments towards me & to the staff including: Are you getting lei'd tonite(reference to a hawiaan luau I was to attend), Was my ass hard, tacky or soft? If it was soft then I best watch out cause I was the one he'd be chewing on(in reference to his dental work), I make a lot for a woman(in reference to my salary), You hens just need to get along in the henhouse(in reference to my requested disciplinary action on a younger hispanic female). Unfortunately, there are more examples. I reported the above & other siturations to the District Manager (GM's direct supervisor) and the regional HR Director in Septemeber. They told me they had to hear both sides of story & would get back to me after investigation....still waiting. On 9/25/00; I was put on 60 day probation for "poor performance". I beleive this to be retaliatory because I spoke up. On 12/16/2000 I was terminated due to "poor performance". I strongly believe the GM disliked me personally & professionally. Several employees also voiced opinions throughout this situation that I was receiveing "different" attitudes etc. from GM. Please note that in my past jobs, I was awarded several honors for performance. In this job, I was also given a 2% wage increase for a meets expectations 6 month review (april 2000).





 


B

buddy2bear

Guest
First step: Print out your post.

Second step: Go to EEOC and file a charge.

Third step: Get Notice of Right to Sue from EEOC.

Fourth step: Find a labor lawyer, he'll take it from there.
 
D

debkay

Guest
thank you

Thank you for posting to my lenghty message. A few more questions please?
Are you an attorney?
In what area should I speak up at EEOC?
ADA discrimination?
Sexual harassment?
Age &/or Racial Discrimination?
Hostile work environment?
Do I have the possiblity of winning a suit?
Will this endanger my future chances of employment by filing a suit?
Can they dock your pay for illness if you are salaried?
Any TX laws regarding severance pay when terminated?
Also, it has now been a week & they have still not finalized my paperwork in system. Therefore I am having trouble getting the family on my husband's plan. My ex-employer says coverage ends the day teh fire me. My hubby's employer says it is a federal regulation that insurance coverage ends on the 30th of a month. Whisch is correct.
If you cannot answer these, could you possibly point me in the right direction?
Happy Holidays to you & yours
debkay
 
B

buddy2bear

Guest
I am not a lawyer, although I have 1/2 a degree in Human Resources (ha, ha - could be years before I finish!) and I have worked for a labor & employment law firm on behalf of management for 20 years.

The EEOC will zero in on what the Charge will contain while you are talking to them.

Unless the industry in which you work is extremely small, future employers will not know you filed a charge UNLESS you win big time and it is published in the newspaper -- in which case, you could probably not have to work in the future anyway!

Don't know insurance law, but you should have gotten a COBRA notice (fat lot of good that does unless you have $ to pay for it, in advance, if you please). I'd go by what you hubby's insurance company says since they will be insuring you in the future. When paperwork is involved, it's not instant.

No one should ever count on severance. Most companies will not give it if they fire you, unless it is in exchange for you signing an agreement to release them from any kind of liability.

Salaried employees should receive their salary without deductions for sick time, since they don't receive overtime pay when they work over -- however, there are ways they can get out of it, although I am not quite sure how they do it without picking my boss' brain - it's Christmas weekend and I have no intentions of calling him, because he would want me to come to work! The man has no life outside of work!

At any rate, it doesn't hurt to ask questions of the EEOC.

Hope things turn out okay. Try to have a Merry Christmas and think positive about the new year.
 
D

debkay

Guest
Thank you

I really appreciate the input.
I may consider legal action, but all in all just know I am beter off outta there.
Happy Holidays!
debkay
 

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