This Seems To Be A Problem Here - Did You Work For A Local Company?
undefinedWhat is the name of your state? Hawaii
A co-worker and I filed discrimination lawsuits against our employer with the Equal Employment Opportunity Commission. We both complied with the investigators requests, and kept in close contact with him throughout the months. When our employer responded to the claim by saying that we were not employed by him, the investigator could tell that the employer was running scared. Anyway, we both submitted witnesses and their phone numbers, the investigator assured us that he would not talk to any of the witnesses on the employers premises. The investigator was coming to our Island last week, and said that he wanted to speak to us in person. He never called. When I called him this past Monday, he said that neither of us had a case. He did not call on all of our witnesses, and the witnesses he did talk to, he talked to them on the employers property. Help, our former employer out and out lied to the investigator, and he believed him, we are not getting a fair investigation, what can we do?
I have resided here in Honolulu, Hawaii for almost 4 years now. I had intended to stay here when I made the decision to come, and was happy to have found employment relatively soon. I found a job working with a temporary agency for 4 months. I was hired by the client as a regular employee, Sept. 2002. On my first day of regular hire, I was shocked to hear, "you know why they hired him, don't you", from one of my co-workers. But, needing to work for a living and being in a strange place, I thought it best to ignore this, after all, I was hired.
At the beginning of my time with the client, Title Guaranty, I was told by the on site supervisor, that if I was to take a particular bus and call her first, "there would be more work". The day after this I handed her my time card, ready to seek another assignment, when she acted as though she didn't know why I would be doing this. When I explained, she countered with some nebulous words and said I could work as long as the company needed me.
I made a complaint to the EEOC, Jan. 2004, and the Hawaii Civil Rights Commission, Apr 2004, both of which were dismissed without any investigation, each agency sat back and waited for the submission of the company's response. Incidentally, I was contacted by the director of the EEOC, asking me if I wanted to proceed, after I was shown a copy of the company's response, which I don't believe is proper. I now see in the EEOC's and the HCRC's own publications, matters such as mine that were investigated and even adjudicated. During the HCRC's lack of investigation, I only heard from them at the intake and when I received their letter of dismissal.
I furnished the EEOC and the HCRC with names of co-workers who said they would speak for me. They were not interviewed. I was informed by an investigator at the EEOC that no one visited the site. There was a similar situation here with UPS, where an employee was fired for doing less egregious acts than his co-workers, which I believe is the case here. I saw co-workers break company equipment, cuss freely, ask for sexual favors, and bring children and friends to the work site. Throughout this experience I have been told by these agencies' staff and lawyers, literally or in effect, "there is no smoking gun here". This is only due to there being no investigation. In the least, there is a pattern that should compel any thinking person to ask questions.
Subsequent to this, my work was sabotaged on more than one occasion, and reports to management only resulted in them twisting the situation in attempts to placate me and set me up for these spurious accusations by my co-workers. Each complaint of mine was a matter of my erroneous "interpretation", as stated by management, while my co-workers complaints were valid descriptions of my "misconduct". As a result of the accusations, I was suspended, without pay, pending an investigation for, I kid you not, a co-worker accusing me of harassing her by clapping my hands and signing "Pink Cadillac", and another saying, I was teasing her when I asked her to say my name and that of the manager, to see if I could distinguish the two.
I was terminated in May 2004, two weeks after the dismissal of the EEOC complaint that was not investigated, and a day after informing management that I overheard a co-worker saying to the one that accused me of harassing her by singing, "we're going to show him the power of p----. I was denied unemployment insurance, June 2004, with a fact-finding interview done over the telephone that was not reviewed or signed by me, as it should have been before it was made part of the official record and used at my future appeal. The subsequent appeal Aug. 2004 was biased, prejudiced, and contained perjured statements by the witnesses for my former employer. I am now told that the recording of the hearing does not exist because it was transcribed.
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