kismetique
Member
What is the name of your state?What is the name of your state?What is the name of your state? Texas
I worked for a city government, and during my employment my job description changed several times, which I have documentation of this. I was told to create a website, which I did. However, this had to be done on my own time as the employer gave me no software or time to accomplish this during work hours. I was eventually written up for a small issue involving the website. I filed a grievance asking that it be removed from my file AND asking for back pay regarding all design work I had done off the clock but had been required to do within the scope of my job. Initially I had looked at this as a donation or volunteer work, but didn't realize at the time, I could not do that. In my grievance I cited FLSA statutes to this affect.
Here is where the big problem started - my direct supervisor was not allowed to attend the grievance hearing; he was made to sit outside the meeting for 2-1/2 hours. When we both returned to work, he was MAD and called me into a meeting. He told me he was going to change my work schedule and asked me how I would respond.
Changing my schedule would have me working alone in a remote industrial part of town for a full day, which I had been told would not happen. Besides the fact that I was not qualified for this type of work – I was a secretary, not management. The building posed EXTREMELY HIGH security risks as it was located on an International Airport apron with direct and unsecured access. Additionally, I was not trained in handling emergency type situations regarding patrons of the establishment and there had been patrons injured in the past, as well as the fire alarm did not summons the fire department or alert any agency. I had already brought up ALL these issues previous to this day and it was agreed between me, my immediate supervisor and his supervisor that I would not be required to supervise operations or be left alone in this building when it was open to the public. This job was a lateral transfer from another department within the organization. At the same job level/description, I was never allowed to be in that department alone, and that building was totally locked down to the public.
Not wanting to be put in a vulnerable spot with regards to Security risks that I felt would somehow be used against me, my response to his question was “I would give my 2 weeks notice”. I felt staying would jeopardize my employment and my personal safety due to the security risks involved and I didn't feel competent to handle the responsibilities as I was not management and not qualified as set forth in my job description.
The next day he changed my schedule, since he knew I would quit. He was so mad at me, he wanted me gone. Additionally, during the course of employment he would ask me to hide certain things I was working on or keep quite about certain issues and I would tell him he was out of place asking me to do so. He told a co-worker he needed a younger person in my position so they would know who was boss and would do anything he asked them to do. I left after 2 weeks and I was replaced with a younger person. I also filed another internal grievance to this affect prior to leaving, which has yet to be heard - they are still working on the first grievance – I left in October 2004.
I called my EEOC office and was told I most likely had a good claim for age discrimination as well as inconsistent behavior. Since I had filed a claim involving FLSA and my schedule seemed to be changed as a direct result of such. EEOC said if other ee's had filed FLSA claims and their schedules had not been changed as a result of filing their claims, then I was discriminated against - he also said since I was over 40 it was age discrimination too and that I had 300 days to file a claim.
I have hired a lawyer, but have filed no claims - either with the Labor Board or EEOC. I was hoping to settle this with the employer but the 2 meetings we have had so far have been circle jerks - they either don't know the law (their lawyer just sits and says nothing) or they are idiots. My direct supervisor is never allowed to attend the meetings. And his supervisor is very combative with me in these meetings. They acknowledge I did the work on my own time but don't want to pay me because it would set a precedent for the many other employees working off the clock to collect for time worked as well!
I'm not sure where to turn now - there are other issues cropping up such as copyrights and royalties. I'm not sure these issues are within the scope of my lawyers knowledge, and he is hesitant to discuss anything related to EEOC or discrimination. Any advice or insight would be appreciated! Thank you!
I worked for a city government, and during my employment my job description changed several times, which I have documentation of this. I was told to create a website, which I did. However, this had to be done on my own time as the employer gave me no software or time to accomplish this during work hours. I was eventually written up for a small issue involving the website. I filed a grievance asking that it be removed from my file AND asking for back pay regarding all design work I had done off the clock but had been required to do within the scope of my job. Initially I had looked at this as a donation or volunteer work, but didn't realize at the time, I could not do that. In my grievance I cited FLSA statutes to this affect.
Here is where the big problem started - my direct supervisor was not allowed to attend the grievance hearing; he was made to sit outside the meeting for 2-1/2 hours. When we both returned to work, he was MAD and called me into a meeting. He told me he was going to change my work schedule and asked me how I would respond.
Changing my schedule would have me working alone in a remote industrial part of town for a full day, which I had been told would not happen. Besides the fact that I was not qualified for this type of work – I was a secretary, not management. The building posed EXTREMELY HIGH security risks as it was located on an International Airport apron with direct and unsecured access. Additionally, I was not trained in handling emergency type situations regarding patrons of the establishment and there had been patrons injured in the past, as well as the fire alarm did not summons the fire department or alert any agency. I had already brought up ALL these issues previous to this day and it was agreed between me, my immediate supervisor and his supervisor that I would not be required to supervise operations or be left alone in this building when it was open to the public. This job was a lateral transfer from another department within the organization. At the same job level/description, I was never allowed to be in that department alone, and that building was totally locked down to the public.
Not wanting to be put in a vulnerable spot with regards to Security risks that I felt would somehow be used against me, my response to his question was “I would give my 2 weeks notice”. I felt staying would jeopardize my employment and my personal safety due to the security risks involved and I didn't feel competent to handle the responsibilities as I was not management and not qualified as set forth in my job description.
The next day he changed my schedule, since he knew I would quit. He was so mad at me, he wanted me gone. Additionally, during the course of employment he would ask me to hide certain things I was working on or keep quite about certain issues and I would tell him he was out of place asking me to do so. He told a co-worker he needed a younger person in my position so they would know who was boss and would do anything he asked them to do. I left after 2 weeks and I was replaced with a younger person. I also filed another internal grievance to this affect prior to leaving, which has yet to be heard - they are still working on the first grievance – I left in October 2004.
I called my EEOC office and was told I most likely had a good claim for age discrimination as well as inconsistent behavior. Since I had filed a claim involving FLSA and my schedule seemed to be changed as a direct result of such. EEOC said if other ee's had filed FLSA claims and their schedules had not been changed as a result of filing their claims, then I was discriminated against - he also said since I was over 40 it was age discrimination too and that I had 300 days to file a claim.
I have hired a lawyer, but have filed no claims - either with the Labor Board or EEOC. I was hoping to settle this with the employer but the 2 meetings we have had so far have been circle jerks - they either don't know the law (their lawyer just sits and says nothing) or they are idiots. My direct supervisor is never allowed to attend the meetings. And his supervisor is very combative with me in these meetings. They acknowledge I did the work on my own time but don't want to pay me because it would set a precedent for the many other employees working off the clock to collect for time worked as well!
I'm not sure where to turn now - there are other issues cropping up such as copyrights and royalties. I'm not sure these issues are within the scope of my lawyers knowledge, and he is hesitant to discuss anything related to EEOC or discrimination. Any advice or insight would be appreciated! Thank you!