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Is this retaliation or am I looking into this too much

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MonaPhree

Member
I'll keep this short, but am willing to answer any questions. I am pretty sure I have a case against my recent employer but want to make sure I do, and want to know what steps to take.
My division manager made a comment to me about "women being more sensitive than men." The area manager who works under the division manager reported the incident to HR. I never saw the area manager again because right after he was moved to a different facility. I reported the incident to the division manager's boss. I emailed him using my work email. On Monday I went to log into my email and couldn't because my password had been changed by the company. When I returned to work I was unable to log into my computer at all. All my passwords had been changed. The new area manager pulled me aside and said that himself, the division manager, the VP, and the HR manager had a meeting about my email. They decided I wasn't performing well as an assistant manager and even though I wasn't receiving a demotion, I was to only be a supervisor. I was also stripped of many duties needed to do either of those jobs (no longer allowed to write people up, promote people, or have employees contact me if they weren't going to make it in). I was so upset I ended up quitting (stupid, I know).
I could understand better if I was in fact performing my job incorrectly, but two weeks prior to this I had a positive performance review with a raise. What do I do from here? Thanks in advance.
 


Just Blue

Senior Member
I'll keep this short, but am willing to answer any questions. I am pretty sure I have a case against my recent employer but want to make sure I do, and want to know what steps to take.
My division manager made a comment to me about "women being more sensitive than men." The area manager who works under the division manager reported the incident to HR. I never saw the area manager again because right after he was moved to a different facility. I reported the incident to the division manager's boss. I emailed him using my work email. On Monday I went to log into my email and couldn't because my password had been changed by the company. When I returned to work I was unable to log into my computer at all. All my passwords had been changed. The new area manager pulled me aside and said that himself, the division manager, the VP, and the HR manager had a meeting about my email. They decided I wasn't performing well as an assistant manager and even though I wasn't receiving a demotion, I was to only be a supervisor. I was also stripped of many duties needed to do either of those jobs (no longer allowed to write people up, promote people, or have employees contact me if they weren't going to make it in). I was so upset I ended up quitting (stupid, I know).
I could understand better if I was in fact performing my job incorrectly, but two weeks prior to this I had a positive performance review with a raise. What do I do from here? Thanks in advance.
What state?
 

Taxing Matters

Overtaxed Member
What do I do from here? Thanks in advance.
See an attorney who litigates employment discrimination cases for advice. Most give free initial consultations. You may have a good sex discrimination case here. It was pretty stupid for the company management to suddenly decide to reduce your role right after you sent that e-mail and to tell you that your e-mail prompted them to do it.
 

MonaPhree

Member
Did you at least keep copies of your email to the division manager's boss?
I did not, unfortunately. I was unable to log back into my work email. I'm worried that they made it disappear. The best I have is that I read it to my fiance before I sent it because I wanted a second opinion. Basically, I have a witness who is heavily biased towards me.
 

MonaPhree

Member
See an attorney who litigates employment discrimination cases for advice. Most give free initial consultations. You may have a good sex discrimination case here. It was pretty stupid for the company management to suddenly decide to reduce your role right after you sent that e-mail and to tell you that your e-mail prompted them to do it.
I agree that it was so obvious of them. Of course that wasn't the reason given.
 

quincy

Senior Member
... My division manager made a comment to me about "women being more sensitive than men." The area manager who works under the division manager reported the incident to HR. I never saw the area manager again because right after he was moved to a different facility. I reported the incident to the division manager's boss. I emailed him using my work email. On Monday I went to log into my email and couldn't because my password had been changed by the company. When I returned to work I was unable to log into my computer at all. All my passwords had been changed. The new area manager pulled me aside and said that himself, the division manager, the VP, and the HR manager had a meeting about my email. They decided I wasn't performing well as an assistant manager and even though I wasn't receiving a demotion, I was to only be a supervisor. I was also stripped of many duties needed to do either of those jobs (no longer allowed to write people up, promote people, or have employees contact me if they weren't going to make it in). I was so upset I ended up quitting (stupid, I know).
I could understand better if I was in fact performing my job incorrectly, but two weeks prior to this I had a positive performance review with a raise. What do I do from here? Thanks in advance.
About the bolded statement above:

I am not saying that your division manager was smart to say what he did, or that the actions taken against you apparently as a result of you reporting the comment to the division manager’s boss are not questionable, but what led to the division manager’s comment?

The statement would be an odd one to make without something leading up to the statement.
 

cbg

I'm a Northern Girl
Particularly since, in a great many cases, he is correct.

And just so you know, OP, I am female. And in HR.
 

adjusterjack

Senior Member
I did not, unfortunately. I was unable to log back into my work email. I'm worried that they made it disappear.
Wouldn't surprise me. You should have printed out a copy when you wrote it.

The best I have is that I read it to my fiance before I sent it because I wanted a second opinion. Basically, I have a witness who is heavily biased towards me.
Your fiance? His testimony about what you said was in the email is likely to be inadmissable as hearsay. Even if it isn't he's heavily biased towards you which would reduce his credibility as a witness.

what led to the division manager’s comment?

The statement would be an odd one to make without something leading up to the statement.
Agree. The comment, by itself, is rather innocuous, as cbg implies.
 

commentator

Senior Member
Talk with a labor attorney preferably one that will do a consultation. Remember, if they won't take your case without a fee, they probably do not think you have much of a case. As someone said, what exactly preceded the remark about women being more sensitive than men? Were you complaining about a remark someone had made, was there a situation where this statement might've been appropriate? Had you demonstrated your sensitivity? What was the circumstance? In other words, if asked to justify this remark, what led to it being reported to the division manager by the area manager? How did you word your complaint to the district manager? How long after that did the area manager get transferred? How long afterward did the demotions and reduction of your responsibilities occur? Let a labor attorney discuss this with you.
 

cbg

I'm a Northern Girl
I just want to clarify - I don't know if the OP does or does not have a discrimination or retaliation claim here. IMO it's either a very good case or none at all; knowing what triggered the original remark, since it is quite true that many if not most women are more sensitive than many if not most men, will make a lot of difference.
 

Taxing Matters

Overtaxed Member
I just want to clarify - I don't know if the OP does or does not have a discrimination or retaliation claim here. IMO it's either a very good case or none at all; knowing what triggered the original remark, since it is quite true that many if not most women are more sensitive than many if not most men, will make a lot of difference.
Just to be clear, there are two distinct issues here. One is whether the manager's comment about women being more sensitive than men amounts to illegal discrimination. I agree that more context is needed on that one.

But the second is whether the actions taken after receiving the e-mail from the OP complaining about what she perceived was illegal discrimination is illegal retaliation. Even if it turns out that her complaint wasn't well founded, her right to complain about possible illegal discrimination and have management check it out is protected and retaliating against her for making that complaint could itself land the employer in hot water. And in that regard management's sudden negative actions against the OP right after receiving the e-mail and the apparent admission by her boss that the 3 management officials had a meeting about the email and then informing the OP at the same time of the decision that now they think she's not performing well is at least a very stupid move by the company, as it certainly makes it appear like retaliation for making that complaint.

So even if the comment was not itself illegal discrimination the company's apparent knee jerk reaction to the e-mail might have created a legal problem for the company that it would not have had if it had just done nothing about the e-mail. These kinds of reactions by employers drive me nuts since they can make a legal mess out of what would otherwise not been a problem had they just not overreacted.
 

Taxing Matters

Overtaxed Member
I take your point.
It's just a pet peeve of mine, managers or owners at client businesses who act on impulse and do/say stupid stuff in situations like this that causes the company lots of aggravation (and sometimes lots of money) when if they just chilled out, thought about it first, and gave me a quick call all that could have been averted. :rolleyes:
 

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