• 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.

Help

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

rudetrude2000

Junior Member
What is the name of your state? Illinois

My problem is a combination of unethical business conduct, racial/sexual discrimination and harrassment.

Unethical business conduct runs deep within our organization. On two separate occasions I have posted for positions that I was told were previously promised to other people. Both times it was true. The first position was supervisory over a unit that I had previously supervised at another job. However, before the interview process began, I was told by a coworker that a Regional V.P., from our home office, had told him that the person was getting the job. The second position, managerial, again over a unit I had previously managed, was promised to a coworker in the office who called me at home and told me not to post for it since she was getting it, as promised, by very high up officials in our home office.

The managerial position is the most interesting and unethical. The coworker that got the position is an African American female who systematically, with the help of a majority of African American high ranking officials including a first cousin of hers, set up the demise of a caucasian Regional Vice President and a caucasian Regional Manager. She was able to do this by intercepting an email that she claimed showed that these two individuals were trying to get rid of her. She told both myself and a coworker that she was going to "use the email to her advantage" and threaten to sue for discrimination. She even asked me to get her the name of any employment attorney from my brother, who is a corporate/contracts attorney. Before we knew what was happening, she began coming into the office early in the morning hours and going through manager's and coworker's desks collecting "evidence" on everybody. She sent several packages of "information" to these people in home office, at their request. I know she did because she showed them to myself and two other coworkers. In fact, she asked me to use my digital camera to photograph everyone in the offices desks so we could show these officials how overworked we were. However, that was not her real motive for the pictures. She actually used them to depict what a mess the office was due to the poor management in the office. She also helped orchestrate a surprise file review where she told the African American reviewer, who happens to be her best friend, what files to pull that she felt would get people she did not like in trouble. She was also responsible for a surprise visit from our Regional V.P.'s boss, who showed up when all the managers were out of the office. She actually told him, in front of all of the coworkers, that he should fire our Regional Manager immediately since he had no experience at his job and was not performing.

Due to her fine efforts, our Regional Manager quit, the day after she was promoted, because he knew he was going to be fired. When leaving, he told someone in our office that she was responsible for his deciding to leave. He told this person to watch out because she is going to get rid of anyone she does not like because she has friends in high places. Our Regional V.P. who was very experienced and knowledgeable and well liked, was demoted and removed from contact with our work area. What is interesting is her best friend, the African American file reviewer has been promoted to the Regional Manager's position, and she has no experience. Suddenly, every position that we have posted for has been filled by African Americans. Are you telling me that not one other person posting for these jobs was qualified. Our manager told us he had received several resumes from people with many years of experience, but he hires someone with very little experience, but is black?

I saved the best part for last. Since the new regime, the morale in the office has spiraled completely downhill. Everyone that she did not like is being severely harrassed and threatened with disciplinary action. What I did not tell you is that I quit speaking to her after everything happened and saw her for what she really is. In an effort to rectify my naive and unintentional involvement in some of her activities, I have written our CEO and blown the whistle. It has been almost a month and I only heard from him once, and that was to tell me he was going to investigate and he named the two people who would be handling the investigation. I have heard from the HR rep, twice, once to respond to my status request and a second time to tell me she is working on it and has one more interview to complete. What I do not understand is who she is interviewing. She still has not contacted my corroborative witness.

Up until yesterday, she had left me alone, but is now starting to harrass me directly. She called me into her office and told me that I arrived late for work and need to make up the time. She was taking the liberty of bringing this to my attention in my manager's absence. Everyone, including managers, are aware that I work till 7 PM almost every night and I work at least 5 hours on Saturdays during the winter. My attendance and time given to the company have NEVER been questioned before.

Bottom line, do I have grounds for a lawsuit? Is it legal for high ranking officials to ask a mere worker to collect evidence against managers? She told us that she was told to get the information and send it. After receiving it, she told us that they were having "secret" meetings about our office. Is it illegal to blackmail an employer? Is it illegal to intercept and intentionally read things not intended for you? Is it legal to go through managers and coworkers desks? Is it legal for upper management to tap into their managers and employees phone and email? If yes, under what conditions.
 


mitousmom

Member
rudetrude2000 said:
What is the name of your state? Illinois
Bottom line, do I have grounds for a lawsuit? Is it legal for high ranking officials to ask a mere worker to collect evidence against managers? She told us that she was told to get the information and send it. After receiving it, she told us that they were having "secret" meetings about our office. Is it illegal to blackmail an employer? Is it illegal to intercept and intentionally read things not intended for you? Is it legal to go through managers and coworkers desks? Is it legal for upper management to tap into their managers and employees phone and email? If yes, under what conditions.
What law do believe has been violated? It doesn't appear that you have suffered any actionable harm under the federal EEO discrimination statutes. Unless you applied for and were denied one of the positions filled by one of the African-Americans, you haven't basis to file an EEO complaint. And except for questioning your punctuality, this employee doesn't seem to have done anything to you. Questioning your arrival once, doesn't really amount to anythng actionable under the federal EEO statutes.

You indicate that the company pre-selected three individuals for jobs, but indicated that only one of the pre-selectees was African-American. If the company pre-selected both African-Americans and non-African-Americans there is nothing to suggest race or minority status was involved.

Who is the employee blackmailing? She seems to be a snitch. It's up to your employer to decide whether it wants to reward such behavior.

Under federal law an employer can monitor all calls if it obtained permission from its employees to allow such monitoring and it can monitor business calls made on its telephones during the ordinary course of business. Federal law is less settled when it comes to emails, however. But, if it's the employer's computer email system and the employer is not reading the emails in transit or the emails are done in the ordinary course of business, it can monitor emails. But unless someone is listening in on your calls or reading your emails, you haven't been harmed.

You reported the behavior you considered objectionable to the CEO and he indicated that the situation would be investigated. It's the company's reponsibility to determine whether it believes something was violated. They really aren't required to allow you to determine the scope of the investigation or to be informed of its results.
 

rudetrude2000

Junior Member
I think you misunderstood me. I did apply for the very position that the African American employee did. In fact, it was the same position that she told me had already been promised to her. I went ahead and posted, interviewed with our Regional Manager, who eventually quit, to avoid being fired, and with our Regional VP who was demoted and with another V.P. that was involved in the entire plan to get this employee promoted. And yes, she was promoted to the position over myself and a white, male employee in the office.

By the way, I have since quit the job and taken another position elsewhere, which was all part of their original plan to get rid of everyone. What is interesting is that 4 white employees, including myself, have quit as a result of the problems and no one said a word to us. However, one African American male gave notice and then decided to stay. He told everyone that Management, which is the African American employee that was promoted to the pre-promised position that I applied for, and her African American best friend that was promoted to the Regional Manager position, held by the caucasian male that they drove out of the company, had asked him to stay. If that isn't discrimation then what is?
 

Beth3

Senior Member
Bottom line, do I have grounds for a lawsuit? No. You must first file a complaint of prohibited discrimination with the EEOC or your State's equal rights division and subsequently receive a "right to sue" letter before you can pursue a civil lawsuit.

Is it legal for high ranking officials to ask a mere worker to collect evidence against managers? Yes.

She told us that she was told to get the information and send it. After receiving it, she told us that they were having "secret" meetings about our office. Is it illegal to blackmail an employer? Depends what you mean by "blackmail." In the situation you describe, no, this is not illegal.

Is it illegal to intercept and intentionally read things not intended for you? In the situation you describe, yes.

Is it legal to go through managers and coworkers desks? Yes.

Is it legal for upper management to tap into their managers and employees phone and email? Depends.

It is not at all clear whether discrimination based on race is taking place vs. plain old favoritism vs. upper management simply letting this employee be the tail who wags the dog.

At this point, I don't think you have much of a claim to pursue. If your former employer's owner/senior management wish to experience the very high cost of turnover, attrition of skills and talent in the organization, and let this woman "run the show" and create an environment of fear and suspicion, that's their problem to deal with.
 

Find the Right Lawyer for Your Legal Issue!

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