Is this Discrimination?

[CatugalCat]

What is the name of your state? Hawaii

I informally quit my job last week, meaning I did not give any formal notice, and when I requested to come back, I was told that I cannot return. I have been a dedicated and loyal employee, an asset to the company, but this is a family run business and the owner has been known to be inconsistent and unreasonable. There is another employee who has quit at least 5 times that I know of, and has caused serious problems for the dispatchers ( I worked for a transportation company) quitting in the middle of his shift, refusing runs, etc. and I was just informed by a friend that they rehired him again. There has been a trend that any driver with Hawaiian blood can pretty much get away with any infraction, such as falling asleep at the wheel with a bus full of passengers and running a red light, and still retain their job, and get a promotion. I do not have hawaiian blood, and those of us that do not seem to get called into the office for every little thing. Do I have a case?

 

[>Charlotte<]

No. They are not required to allow you to stay.

You need to change your perspective. You're not losing your job because of what they're doing, you're losing your job because of what you already did.

They will defend any accusations of discrimination by stating their reluctance to keep what they can easily articulate as an unreliable employee.

 

[CatugalCat]

Is this Discrimination

Between myself and the driver that they just rehired, I was the reliable one, doing everything that was requested of me, of all the drivers there, I was just about the only driver that the office staff could rely on. It was the other driver that is the unreliable one. He had quit at least 5 times, and they let him come back every time!

 

[ecmst12]

Why would you want to work there anyway?

 

[Just Blue]

Between myself and the driver that they just rehired, I was the reliable one, doing everything that was requested of me, of all the drivers there, I was just about the only driver that the office staff could rely on. It was the other driver that is the unreliable one. He had quit at least 5 times, and they let him come back every time!

You quit your job. They are not required to re-hire you. That they chose to re-hire someone else is their business.

 

[>Charlotte<]

Between myself and the driver that they just rehired, I was the reliable one, doing everything that was requested of me, of all the drivers there, I was just about the only driver that the office staff could rely on. It was the other driver that is the unreliable one. He had quit at least 5 times, and they let him come back every time!

It doesn't matter if you think you are (or actually are) reliable. They merely have to demonstrate that they consider you unreliable. You provided that evidence for them when you quit.

 

[cbg]

YOU QUIT.

They have no legal obligation to give you your job back no matter how good an employee you were, or think you were. Where in the world are you seeing discrimination because they took you at your word?

An employee who quits and then changes their mind is NOT reliable. You've made it clear that you are not happy and that given a better opportunity will quit again. What on earth makes you think that the employer is obligated to wait you out?

 

[mitousmom]

If you think that you have been treated differently because you aren't Hawaiian and your employer has at least 15 employees, you should consult with EEOC or the state equivalent.

 

[CatugalCat]

Thank you for looking past the part where I quit. I will consult with the EEOC, and the other driver that they rehired after quitting 5 times is Hawaiian.

 

[ErinGoBragh]

Thank you for looking past the part where I quit. I will consult with the EEOC, and the other driver that they rehired after quitting 5 times is Hawaiian.

Maybe he smelled better.

Or was nicer.

Or complained less.

Who knows?

Bottom line is that you blew it when you walked out, you have NO proof of discrimination.

 

[VeronicaLodge]

please come back and let us know what the EEOC says so that we can better help others in your position.

 

[CatugalCat]

I will do that. Thank you

 

[seniorjudge]

Thank you for looking past the part where I quit. I will consult with the EEOC, and the other driver that they rehired after quitting 5 times is Hawaiian.

The EEOC will not look past the part where you quit.

 

[>Charlotte<]

Thank you for looking past the part where I quit. I will consult with the EEOC, and the other driver that they rehired after quitting 5 times is Hawaiian.

I didn't look "past the part" where you quit because nothing past that part matters.

I do agree, however, that you should contact the EEOC so that you can get the same answer from a more reliable source.

 

[mitousmom]

You don't have to have proof to file a complaint. You should have a reasonable suspicion of discrimination and some facts to support your suspicion.

Facts you present: You quit your job, later sought rehire, but were denied rehire. Another employee, a Hawaiian quit his job, later sought rehire and was rehired. He has quit and been rehired five times. You believe you are being treated differently because you are not Hawaiian. You make out a prima facie case of discrimination on national origin. It's up to the employer to provide a legitimate non-discriminatory reason for its failure to rehire you. It's not going to get very far saying it was because you quit if it rehired someone who quit five times. And, add to that the information showing a general pattern of treating Hawaiian employees more favorably.

Did your employer tell you that you weren't being rehired because you were unreliable?