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Discrimination at it's best plz help

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What to do ? Don't know if I'm doing g this right

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What is the name of your state? Maryland

When I was hired my employer could speak English. I did 2 days no pay training. On the third day, things changed. Everyone speaks Nepali / Hindu . When I need to communicate they shush me off, put hand up to dismiss me, say it's ok it's ok and for a customer it's really not, give me more work load.say things in Nepali but I hear my name. I keep asking about employee handbook. Never received one. Never filled out tax forms or hiring papers. I don't clock in . They write it down , and I feel like they can put down anything. I was given a tip personally in my hand and my space was invaded. Mentioned shorting my pay quick. Also can't speak English any other time. Do things non ethics and hygiene as far as food. Been told to do assignment that no employee has done ever. After completing I'm being sent home early. Let friends that also speak no English hang in store. Keep asking where do I live . Im always watching my back after work. When I bring up any concerns I'm not understood just sent home. Feel free to ask me anything to help me out? Thinking of filing eeoc . Don't know if I should keep working while file , I really need the job and money. It's hard to get jobs nowadays.
 


Taxing Matters

Overtaxed Member
Let's start with this. You mention it is a store. What kind of store is it and who are the customers of this store? And how many total employees does the store have?

Having a lot of employees who are Nepalese and speak that as their primary language is not illegal. The employer insisting that employees use a particular language for work conversations is also not illegal unless there really is no business need for it and the real intent is to discriminate against persons of particular national origins.

It's not illegal to let Nepalese friends of the employer or other employees hang out at the store.

You generally must be paid for all the time you work. If you are not paid for all your time, that will violate federal and state wage laws, assuming you are not an exempt employee.

If you are an employee then the employer must withhold federal and state income tax and FICA taxes from your pay, and pay a matching share of FICA taxes to the IRS. If the employer did not get your SSN when you started and did not give you a W-4 to fill out, that's a big red flag that something is wrong.

Being assigned tasks that no other employee has to do would be illegal if the reason you have to them is your race, color, national origin, sex, religion, age, disability, etc. If it's because you are the new guy or have fewer skills than the others or whatever, that's not illegal.

Whether the food hygiene problems are illegal will depend on exactly what those hygiene problems are.

It certainly sounds like this is not a good job for you, and if nothing else I suggest you keep looking for a different job that will be better so you can leave this one as soon as you get the next one.
 

commentator

Senior Member
To begin with, hogwash that it is hard to get jobs nowdays. Check the unemployment rate. If this job was hard for you to get, you may have other problems, but all I can tell you is that you are not a prisoner here. And this economy is one where there are "help wanted" signs in English all over the place. I do not see an illegal discrimination suit in this situation anywhere.

Most people really believe that they have a whole lot more rights and privileges on the job than they do. The employer is not required to treat you nicely, be fair, talk nicely to you, deliver what they promise in the interview. Pretty much, they have to pay you at least minimum wage for the hours you are working. You are not required to work in unsafe conditions or do anything illegal. Those are about it. You are not being discriminated against in a meaningful way that I can see, as in simply because you are the only person around who is not Nepalese. As someone else pointed out,, you may be the new guy, or have fewer skills. And of course, the big thing that the EEOC would want to investigate is "what did you do to try to solve the problem before quitting?" And all they have to say is, "We weren't aware there was a problem." IF they are a legitimate employer whose issues with EEOC would even be something to consider.

But the whole thing that worries me beyond any supposed 'discrimination' that might be found here is that you say you have filled out no tax papers, you have no hiring paperwork, you aren't getting check stubs, punch no time cards. All I can say is get the heck out of there. DO NOT work for someone who isn't taking out the proper taxes and is not giving the paperwork to you. This sounds skeevy, not because they aren't treating you nice, or because they are talking about you in a foreign language, because this isn't a real job, it's an under the table sort of thing where they are using a dumb butt who is willing to stand around and take it. Two days of unpaid "training?" Zeesh! And when they don't pay you, you are just stuck as truly as if you had been robbed. Go elsewhere, forget lawsuits!
 
Let's start with this. You mention it is a store. What kind of store is it and who are the customers of this store? And how many total employees does the store have?

Having a lot of employees who are Nepalese and speak that as their primary language is not illegal. The employer insisting that employees use a particular language for work conversations is also not illegal unless there really is no business need for it and the real intent is to discriminate against persons of particular national origins.

It's not illegal to let Nepalese friends of the employer or other employees hang out at the store.

You generally must be paid for all the time you work. If you are not paid for all your time, that will violate federal and state wage laws, assuming you are not an exempt employee.

If you are an employee then the employer must withhold federal and state income tax and FICA taxes from your pay, and pay a matching share of FICA taxes to the IRS. If the employer did not get your SSN when you started and did not give you a W-4 to fill out, that's a big red flag that something is wrong.

Being assigned tasks that no other employee has to do would be illegal if the reason you have to them is your race, color, national origin, sex, religion, age, disability, etc. If it's because you are the new guy or have fewer skills than the others or whatever, that's not illegal.

Whether the food hygiene problems are illegal will depend on exactly what those hygiene problems are.

It certainly sounds like this is not a good job for you, and if nothing else I suggest you keep looking for a different job that will be better so you can leave this one as soon as you get the next one.
It's a restaurant. There are about 7 employees that I see on a daily . The others I don't know status. I forgot to mention I am the only female, and the only diverse person that works here.
 

cbg

I'm a Northern Girl
From an HR perspective I am seeing red flags all over the place, but I'm not seeing a slam dunk case for illegal discrimination.
 
To begin with, hogwash that it is hard to get jobs nowdays. Check the unemployment rate. If this job was hard for you to get, you may have other problems, but all I can tell you is that you are not a prisoner here. And this economy is one where there are "help wanted" signs in English all over the place. I do not see an illegal discrimination suit in this situation anywhere.

Most people really believe that they have a whole lot more rights and privileges on the job than they do. The employer is not required to treat you nicely, be fair, talk nicely to you, deliver what they promise in the interview. Pretty much, they have to pay you at least minimum wage for the hours you are working. You are not required to work in unsafe conditions or do anything illegal. Those are about it. You are not being discriminated against in a meaningful way that I can see, as in simply because you are the only person around who is not Nepalese. As someone else pointed out,, you may be the new guy, or have fewer skills. And of course, the big thing that the EEOC would want to investigate is "what did you do to try to solve the problem before quitting?" And all they have to say is, "We weren't aware there was a problem." IF they are a legitimate employer whose issues with EEOC would even be something to consider.

But the whole thing that worries me beyond any supposed 'discrimination' that might be found here is that you say you have filled out no tax papers, you have no hiring paperwork, you aren't getting check stubs, punch no time cards. All I can say is get the heck out of there. DO NOT work for someone who isn't taking out the proper taxes and is not giving the paperwork to you. This sounds skeevy, not because they aren't treating you nice, or because they are talking about you in a foreign language, because this isn't a real job, it's an under the table sort of thing where they are using a dumb butt who is willing to stand around and take it. Two days of unpaid "training?" Zeesh! And when they don't pay you, you are just stuck as truly as if you had been robbed. Go elsewhere, forget lawsuits!
Thanks for your advice. It's not just that I don't speak the language. It's the fact that I'm the only different gender diverse person working there. They make my workload different, and more. They withhold my tips. They don't have first aid kit. They haven't given me any paperwork at all .
 

PayrollHRGuy

Senior Member
It sounds like the employer may have less than 15 employees. If so they aren't subject to the federal EEOC for race, color, religion, sex (including pregnancy), national origin, disability discrimination.

There may be a state law.
 

Just Blue

Senior Member
Thanks for your advice. It's not just that I don't speak the language. It's the fact that I'm the only different gender diverse person working there. They make my workload different, and more. They withhold my tips. They don't have first aid kit. They haven't given me any paperwork at all .
Find a new job.
 
From an HR perspective I am seeing red flags all over the place, but I'm not seeing a slam dunk case for illegal discrimination.
Doesn't the laws for discrimination say you can't treat someone different because of the gender, race, origin , and based upon language they speak. My workload being more or different . Then time being shortened without notice after task is completed.
 
It sounds like the employer may have less than 15 employees. If so they aren't subject to the federal EEOC for race, color, religion, sex (including pregnancy), national origin, disability discrimination.

There may be a state law.
Yes there are less than 15 employees. So what laws and standards can I hold them up to ?
 

PayrollHRGuy

Senior Member
Yes there are less than 15 employees. So what laws and standards can I hold them up to ?
As I wrote above your employer is not subject to the federal laws that might have come into play because of their size. I can't find any Maryland law that duplicates federal law with lower employee counts.

I'd suggest you find a new job.
 

cbg

I'm a Northern Girl
Doesn't the laws for discrimination say you can't treat someone different because of the gender, race, origin , and based upon language they speak. My workload being more or different . Then time being shortened without notice after task is completed.
Yes - for employers of 15 or more employees. Your employer has fewer than 15 employees; these laws do not apply to them.

Even if they did, you have yet to provide evidence that your treatment is because of your national origin or gender and not because you are the newest employee.
 

Taxing Matters

Overtaxed Member
And of course, the big thing that the EEOC would want to investigate is "what did you do to try to solve the problem before quitting?" And all they have to say is, "We weren't aware there was a problem."
That's not correct. What the EEOC is interested in investigating is whether there is evidence that the employer illegally discriminated. When the employer itself illegally discriminates that's a violation and the employer knows about it (or is presumed to know about it) without being told. For example, if an employer makes a promotion decision based on race that's illegal. No one has to to complain to the employer about it first before it is illegal. It is only when the alleged discrimination is that the employer failed to remedy illegal discrimination by other employees (e.g. hostile work environment cases) that the affected employee needs to make sure the employer knows of it first. In that latter situation, the duty of the employer is then to put a stop to the illegal harassment or other illegal activity and the failure to do that would be illegal discrimination by the employer.

Yes there are less than 15 employees. So what laws and standards can I hold them up to ?


Under both federal law and Maryland law an employer must have at least 15 employees to be subject to the laws on illegal discrimination. That is why I asked the question of how many employees the business has. Since your employer has less than 15 total employees it may discriminate against you even on the basis of race, color, religion, national origin etc without violating the law.
 

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