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Would I be able to file an EOEC claim against this employer?

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jmr106

Member
I'm in the state of Georgia.

A couple of weeks ago, I got hired on the spot by a local plastics manufacturing company as a Thermoforming Operator. They had a job fair and posted it online stating that they were hiring on the spot. I gave my previous employer of nearly 2 years a proper two weeks' notice. The production manager for the plant and an HR lady were present for the job fair and doing the hiring. Everything went fine until my first day, which was awful. 90% of the building is Hispanic people who speak very little English at all. When I walked into the building and into the break room for my first day, everyone stared at me like they were thinking, "What are YOU doing here?" I'm a Caucasian American guy. I felt hostility all around me and got a lot of angry looks. They apparently hate Americans. The HR lady and production manager are American, there are a few black guys working there and one or two Caucasian guys who are machine mechanics. These are thermoforming/blow-mold machines about 35-40 feet in length and pretty dangerous if you don't know what you're doing. They put me with a Hispanic guy who could barely speak any English and was refusing to actually train me properly. At one point when the guy training me went to lunch, a couple of black American guys came over and watched the machine to help out. When the Hispanic guy that I was working with came back from break saw them explain something to me in English about the machine control screen, he seemed really angry and offended that they were showing me something. My "training" with him was that he would point to his eyes and motion for me to "watch him" and that was basically the training. The machine is computerized with a ton of buttons on the screen. He didn't explain them. He would point to his eyes and to the machine and press various buttons. That told me very little about what was going on. It is very loud in the building due to all of the machines, so you're wearing ear plugs and safety glasses. Everyone screams at each other. To get one another's attention over the machines, they all scream, "WOOOOOOOOOOO!" at each other all day long.

The overall plant manager that hired me was on vacation for the week when I started work. The supervisor under her is a Hispanic lady who barely speaks English. I was told by HR to go in on my first day and wait in the break room for the supervisor. When I went in there and waited, she sort of smirked and said, "I don't have anyone to train you." It seemed like that meant she didn't have an American who spoke English to actually show me how to do the job. She didn't work with me at all and kept her distance all day. I couldn't understand the Hispanic guy who was supposed to be training me. He would constantly act like I wasn't learning, shaking his head and mumbling stuff in his language to the Hispanic coworkers. He left me many times with two machines running and disappeared for quite some time on the first and second day. One machine malfunctioned while he was gone and I stopped it using the only way that I knew how (emergency stop button). He comes back and acts angry that I stopped it. At one point, he left me for 20 minutes and both machines needed attention. The supervisor lady who barely speaks English ran over and fixed one of them, but she told me, "If that happens again, just cut the plastic before you turn it off!" I told her that I was never given the tool to cut it with. It was actually HER job to give that to me according to the HR lady. The supervisor told me that she "didn't have one to give me" and went back to the other side of the plant to do her stuff. I called the HR lady who hired me and did my orientation. She told me that "there is a language barrier with my supervisor" and told me that the overall manager was on vacation that week and would be back next week and "would address the things that I told her" regarding what I was experiencing. She proceeded to tell me, "Take a deep breath. It's your first day. You can only do so much. You have a LOT of training to do. They can only expect so much. Can you ask your supervisor to put you with someone else to train?" I think the HR lady may have called my Hispanic supervisor and told her to put me with someone else to train the next day, as well. I get there the next day and apparently that person that I would have trained with called out. So now there are 4 of these huge machines side by side on my side of the plant. The one we were running, two in between that aren't running and one halfway across the warehouse that the guy I was with also wanted to run. So we're running back and forth about 50 feet one-way all day long grabbing the boxes, putting them through a metal detector, stacking them on a pallet, running to the front and back of the machine to check for issues and then running back to the other machine and repeating all day long. He would still disappear a lot.

When I was in orientation, the HR lady told me that no one should have cell phones on the floor and to tell the supervisor if I saw anyone with one. My supervisor had one (and I saw her on it at one point) and also the guy I was working with. I noticed a ton of people had cell phones on the floor. There were no clocks in the production facility like I was told in orientation that there would be (so that you know when you take a break, etc.). 12-hour shifts of 5am to 5:30pm. It is hot as heck in there. My first day, I went through 5 bottles of water. You're not allowed to have water on the floor and it is hard to get a bathroom break or water break in between. Lunch is 30 minutes and two 10 minute breaks. I was told by HR that no watches were allowed, either (parts could fall into the plastic trays and contaminated them since they're food trays). I walked off from the job 2 hours into my second day because it was miserable and I was frustrated with my lack of training and constantly getting left. The guy wasn't training me, it looked like he was badmouthing me to the supervisor like I wasn't doing my job and I felt hostility all around me. The Hispanic packer ladies on the machines constantly stared at me like I wasn't doing my job. I clocked out and went home. I called the HR lady yet again when I got home, about 30 minutes later. I explained everything to her in a voicemail, because she wasn't in to work yet.

I'm thinking about going to the Equal Employment Opportunity Commission about this place. I thought I had a job and I could not get the proper training to do it. The few black American guys working there...two of them saw me as I was leaving. One of them said he has been there for a month and nobody has trained him properly. He said that on that particular day, they put him on a machine type that he has never worked with before and expected him to just run it. The other guy also echoed that same thing and said that they "don't train people there" and all of these people are just blindly trying to run the machines. They stated the same thing - that they couldn't understand what any of the Hispanic people were talking about and struggled to learn by visual cues from them. Employment reviews of the company on various websites also reflect this practice of a lack of training and a lot of discriminatory issues within the company and language barriers. Then there are the seemingly endless OSHA violations in 2009, 2012 and probably other more recent years where OSHA came in there and fined the living heck out of them. In 2009 alone, $250,000 for 35 violations. Slip hazards, they had two amputations from machines, guards were off from the machines, employees were getting electric shocks from touching the machines, dust hazards from ground plastic flying everywhere and no respirator program, etc. They were also employing illegal workers at that time. Not sure if they're still doing that. The place is a nightmare.

Do you think I would get anywhere with a discrimination case against them? This cost me my job because I just couldn't deal with it anymore. I expected training and to not be discriminated against. My supervisor didn't want to give me the tools to do the job. It was just a big mess. I couldn't communicate with anyone and they clearly hated me for being American, including my supervisor who barely spoke English. I've never had that problem before. Apart from looking for another job (which I have already gotten a big head start with), do you have any advice? I have never had a supervisor that didn't speak English before. It is even more shocking that she was in charge of that entire plant building.
 


HRZ

Senior Member
Had you quit over gross safety violations that directly put you at risk and you reported same earlier ...you might have had a point as to UC.

As cbg asks, what happened re HR?

BTW if management has horrible/non existing training for everyone , how is that discrimination.?
 

commentator

Senior Member
This is the world of work that we have in our country right now. Why, during your two weeks notice from your other job of two years did you never do any sort of research, look on line to see the terrible safety violations and comments about this new job you were going to? It had to have some sort of reputation, you might've talked to people who were former employees, etc. It is difficult for the lower paying, less good workplaces to obtain employees at the present. While you may feel you were sold a bill of goods at the job fair by the people who offered you the job, and were not trained properly by a person who was fluent in your native language, this is not in itself illegal or discriminatory.

Most people believe in this country that they have a whole lot more rights and guarantees of fairness in the workplace than they do. Pretty much, you have the right to quit. They have the right to fire you. There is very little possibility that you have any kind of EEOC case. What they would need to see is a "pervasive pattern of discrimination" in the operation, or against you based solely on your being a member of a protected class, not just your perception that you were being mistreated and targeted specifically because you weren't Hispanic.

Your recommended solution in this situation? As you said, you're moving on, looking for something else. Do not spend a minute of your next job interviews complaining about how badly this experience worked out. File a claim for unemployment insurance while you are looking for that next job. And always, when you quit a job like this, in filing an unemployment insurance claim, you'd be asked "How did you attempt to solve the problem before quitting?" and thus all the questions about what HR said when you complained about the situation to them.
 

jmr106

Member
Had you quit over gross safety violations that directly put you at risk and you reported same earlier ...you might have had a point as to UC.

As cbg asks, what happened re HR?

BTW if management has horrible/non existing training for everyone , how is that discrimination.?

It is discrimination when all of the Hispanic people hate you, refuse to show you anything regarding the job and run around talking amongst themselves about you all day long. I saw the guy who was supposed to be training me go over to the supervisor and complain to her. By his motions, he was pretending to act frustrated, all while having shown me very little regarding the machines. It is extremely odd to have a supervisor who does not speak English very well running the whole plant. That makes them unable to do their job properly, unable to effectively communicate regarding workplace issues, training, etc. Her comment from the very start before I even started on day one was, "I don't have anyone to train you." That's ridiculous. Every single person that I know of gets training when they start a new job, unless it is a specific trade where the training is known to be a given. This isn't one of them. Even the HR lady acknowledged on day one that it would take extensive training and she seemed clueless about what to tell me, other than that the head manager would be back sometime next week and would deal with it then.
 

cbg

I'm a Northern Girl
Suit yourself. But when the EEOC comes back to you and says, you didn't give the HR lady enough time to deal with the problem once it was reported so your claim is denied, remember that you heard it here first.
 

jmr106

Member
Had you quit over gross safety violations that directly put you at risk and you reported same earlier ...you might have had a point as to UC.?
I consider a gross safety violation to be left alone with two large machines longer than a house that you have no training on and are expected to run.
 

Dandy Don

Senior Member
How would he qualify to file a claim for unemployment when he hasn't been there that long?

You are not going to get anywhere with an EEOC claim.

Please report this company AGAIN to OSHA.
 

cbg

I'm a Northern Girl
"Down the street" this poster has decided that because I told him that he shot himself in the foot by not waiting to exhaust his internal remedies, that means I'm in favor of the actions his employer has taken.

He's now on his own as far as I'm concerned. I won't stand for that kind of insult.
 

justalayman

Senior Member
It is discrimination when all of the Hispanic people hate you, refuse to show you anything regarding the job and run around talking amongst themselves about you all day long. I saw the guy who was supposed to be training me go over to the supervisor and complain to her. By his motions, he was pretending to act frustrated, all while having shown me very little regarding the machines. It is extremely odd to have a supervisor who does not speak English very well running the whole plant. That makes them unable to do their job properly, unable to effectively communicate regarding workplace issues, training, etc. Her comment from the very start before I even started on day one was, "I don't have anyone to train you." That's ridiculous. Every single person that I know of gets training when they start a new job, unless it is a specific trade where the training is known to be a given. This isn't one of them. Even the HR lady acknowledged on day one that it would take extensive training and she seemed clueless about what to tell me, other than that the head manager would be back sometime next week and would deal with it then.
Then you should have stuck around until sometime next week to deal with your issues.

So far you have speculated they have spoken poorly about you. You have speculated (I’m guessing based on how they looked at you) that they hated you. I guess you must understand Spanish after all. Otherwise you would be making assumptions based on nothing more than your feelings. I wouldn’t expect the other employees to be inviting you to dinner or to date their daughters after knowing you less than 2 days.
 

jmr106

Member
"Down the street" this poster has decided that because I told him that he shot himself in the foot by not waiting to exhaust his internal remedies, that means I'm in favor of the actions his employer has taken.

He's now on his own as far as I'm concerned. I won't stand for that kind of insult.
Your comments, such as your tag-line below your posts that are there to insult other people by saying that you're "tired of typing them" (are you assuming that because of a few people that you've encountered are ALL people??) come across very poorly and like you do not have any concern or care whatsoever. That shoots yourself in the foot for every situation in life because I can tell that your attitude is very poor. Then because you are "insulted" to the equivalent of a teenager's response, you take offense. Interesting. Trolling at its finest, I see.
 

jmr106

Member
That's fine, I'll file an OSHA report, instead. I'm unconcerned with finding another job because I have plenty of experience and have had several potential offers so far. This is the first time I have ever experienced such a garbage company, however. They've had so many OSHA violations so far that some more might shut the whole company down eventually. No doubt, those violations are all because: Employees are not trained because of the language barrier. Employees not trained on the machines and equipment are not going to be safe on the equipment. The company has foreign supervisors who do not care to issue equipment necessary to do the daily job.
 

HRZ

Senior Member
By itself the observation that many/most people converse in some other language does NOT prove discrimination . In tech environments I've had people complain about the " wrong" dialect of Chinese being spoken ( or required) . And I've had folks debate the use of " real" Spanish vs some dialect that others find hard to follow ...and one guy debated that from many of the immigrant workers in an AL plant that Spanish was a second language for many of the indigineous folks that
came here ......suck it up...it's 2018 not 1918 !

BTW I think you risk poisioning your future employment options by filing an action of any type against your prior employer ...if you get branded as a trouble maker ...don't come whining here !
 

jmr106

Member
suck it up...it's 2018 not 1918 !

BTW I think you risk poisioning your future employment options by filing an action of any type against your prior employer ...if you get branded as a trouble maker ...don't come whining here !
It IS 2018, so we're not in the fields picking fruit or barely starting out to the point where nobody knows what is going on. I worked for that employer for two days, gave a proper two weeks' notice at the former employer of a couple of years and have a solid work history. Nothing to do with being a troublemaker and everything to do with calling down something when I see it happening.
 

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