Discrimination

Some advice please (HIV termination)

NCSU2000 — Tue, 07 Sep 2010 18:59:57 GMT

OK, my story is a long story but I will try to make it as short as possible without leaving out too much info./details.

I live in NC, and in 2008 had some legal problems. I was accused of not disclosing my HIV status to several people. Now funny thing is I DID NOT ever sleep with these people, my name just came up as a way to "get back at me". Long story short the Public Health Dept here ran with it and I ended up being made an example of and splashed all over the news outlets (TV & Print). Needless to say this was devastating to me mentally, emotionally and otherwise. I was placed on 6 months house arrest and probation. the charge was a "public health misdemeanor".

I got a job in April working at a fast food establishment (a well known chain owned locally by a franchisee). Things were going fine (they were happy with me, good worker etc --never written up or verbally counseled) until early July. I was told by a manager that "somebody" was calling the restaurant and franchisee office stating "that homo with HIV works there you will be sorry" among other nasty things. My boss asked me to speak to her on July 7th. I was told by her that I "lied on my application regarding criminal history"..and "we and the boss have been getting calls regarding your health status and we cannot have that...so we need to let you go". I was stunned and told her I had not lied (application asks for FELONY charges only) but she was adamant. I also stated how there is NO way anyone could get anything from me...and besides I didnt even work touching the food.

I filed a claim with my local EEOC office and they said they would investigate. Well, a week ago I got a letter from the franchisee. The letter offered my job back and back pay and said the staff would be trained on how to handle certain sensitive health matters. It went on to say how my health was my business and blah blah. The last line was "this letter and offer in no way admits any wrong doing on the part of the employer"..HAHA right. I had until Sept 3 to answer, needless to say I ignored them.

The EEOC rep. told me she has spoken to them and said they do NOT want this to go to court and want to settle. My question is what is my best course of action and also what is a good amount to throw out to them as a settlement?. I feel they know they are in the wrong and are afraid I will take this matter to court.

Is this legal or not - 3 question in one post - It's Long

Pthirddegree — Sat, 28 Aug 2010 18:05:54 GMT

Need to know if this is legal

I have been working for an alarm company for 6 months, my job duty is to dispatch on alarms. When I was hired I was never told that I was a part time employee. For the first two months I worked 40 hours a week two 8 hour shifts and two 12 hour shifts. Then my schedule change to 32 hours a week with me coming in two day working only 4 hour shifts and two 12 hour shifts. I met with the scheduling supervisor mentioning to her in a brief conversation in regards to an explanation of why I lost 8 hours and if I could combine the two 4 hours shifts to a day shift to help with saving gas. She didn't give me an answer, about 30 minutes later I received an email from the scheduling supervisor stating “I know you had said that the 4 hour shifts are not favorable because of your travel time so here is what I can do for you, I received another schedule losing another 8 hours with me working a total of 24 hours. She took both 4 hour shift away. I didn’t understand her method therefore I questioned why I lost 8 hours when I was only inquiring putting the two 4 hour shifts making them and 8 hours shift to save gas. We discussed this at lenght however I realize that I wasn't getting anywher and left it along, Then I was told that when I was hired I was hired as a part time employee and not a full time employee. I left to assumed that is why I lost hours. I never sign any document indicating that I was a part time employee. So here’s my question, is this legal to just say that I’m part time and don’t have anything in writing. Afther that I learn that I was not going to qualify for benefits because I was a part time employee. At the time of hire I was told that after 6 months I would be eligible for benefits, now learning no so.

****

I would also like to ask is it legal to have an employee work 8 hours without a consistent 30 min break. Well let me explain a little more. We are allowed to go to the restroom and straight back, if you smoke you are allow to go and smoke and straight back, when it come to lunch you can order out go to the back door pick it up and back or go to the microwave warm up your food and back. You eat while you are working; there is no 30 min lunch break for an 8 hour shift. Recently we received an email that indicated “Should you need to get up and leave the area to warm up your food, wash your dishes, use the restroom or take a cigarette break be courteous and let everyone know that you are leaving the area for a few minutes and for what reason. When you get up, simply let as many free operators and your supervisor know.”

Then in bold letters it says

EX:

“I am going to the restroom I should be back in 5-10 minutes”

“I am going to have a cigarette break; I will be back in 5 minutes”

“I am going to get breakfast/lunch/dinner I will be back in 5 minutes”

Then in bullets’ it says

Unless it is an emergency, please make sure your supervisor is aware you are leaving (This is okay commend sense)
Please try to get up for one meal.
Please try not to be away no longer then necessary
Try to take care of everything at one time.

Help me understand the law, I’m aware that companies can create there own rules but I do believe there is something in reference to in the state of Florida that a lunch break is required. Breaks are not required but lunch is. Also I was not made aware of this prior to my hire date; I thought it was the law until I started working here.

****

Here’s another, there are a lot of college students that work for this company and they are part time. There are a few full time employees and some employees who work another full time job and work her part time. Well recently I was offered a full time job with another company and I accepted the job however I wanted to continue working for my current part time job with this company. On my day off I went to the my job and I met with my supervisor to notify her in advance of the opportunity with a full time job and stated that I wanted to continue working with the company. I did this therefore if I was not going to continue to be able to work I would have given her enough notice time of my departure. My supervisor stated to me that she needed to get with the person that is working with the schedule to see what she can do with the hours I’m requesting.

My normal hours are 4 pm to 12 pm and I’m requesting to come in at 7 pm to 12 pm. Let me just say that I’m a part time employee who sometimes work 40 hrs a week. Well when I reported to work 3 days later as my work schedule required, my supervisor didn’t say anything to me when I clocked in so I sent her an email do to the fact that they like to do emails for documentation reason. The emailed asked her when she thought she would know about my schedule change as well as I thanked her for working with me on this. The next day I received a response indicating “as of right now” “This week's scheduled as normal and next weeks hours were changed for my new job.

After I read over and over the email the wording “as of right now” kept standing out. Therefore I emailed the scheduling individual and cc: my supervisor, asking when would there be a scheduled worked out for me in regards to my new hours and set days to come to work. Well she didn’t email me back, she called me on the phone and stated that “she was not sure when and that the supervisor didn’t know what she was going to do yet”

From what I have stated thus far my question is, I feel and I do realize that feeling has nothing to do with it because nothing has happen yet. But I wonder it they don't allow me to work as a part time employee that they say that I was hired as would this be considered discrimation. However I do feel that I’m being discriminated against. I’m the only African American that works for this company. They are currently hiring new employees who already have full time jobs and allowing them work time. I am a 6^th month employee do not understand the reason I’m being put off and can’t get a strait answer weather I'm going to be allowed to continue my employment here. Well today which is the 5^th day I came in determine to get an answer from my supervisor. Well all she said to me was “my schedule is like a checker board and it would be hard to fine someone to cover two hours of your shift” then she said in a laughing tone, why don’t you asked your new job to let you leave early to be here on time. I really don’t know what to do at this point. I feel that they kept me on the schedule next week to benefit them. I feel a little used. It also appears that they really work hard to work out what ever schedule for the college students and that is where I feel the discrimination is playing apart and possible because I’m African American.

(Should I just resign and leave it along or what?)

Reasonable Accommodations?

Mark Woodburn — Sun, 25 Jul 2010 04:52:24 GMT

I'm a pharmacist and my company is starting a new policy soon. Basically every pharmacist must be certified to give immunizations or they will demoted, hours cut back or even terminated. I have an extreme fear of needles and have no interest in giving immunizations. I have offered to get a doctor's note explaining my problem, but even with a note I would face the same results as above. My company does have pharmacists that work at home and I am seeing if this is a possibility for me. Otherwise does this seem like making reasonable accommodations for a medical excuse? To me it would be the same if I became disabled from a car accident, would my employer not have to accommodate my disability?

Thanks for any feedback!

Why can the school districts get away with discrimination?

The Forgotten Children — Wed, 25 Aug 2010 15:08:38 GMT

Regardless of all the educational codes, civil rights laws, and american disabilty act children with disabilities are discriminated against everyday by their school districts. I want to know why. I want to know why there are no attorneys who will take on a school district. There are hundreds of children whose rights are violated everyday. Parents like myself go in for the free consultation where we are given free advice that does no good or asked to write a huge check with no guarantees of anything being accomplished. We have filed complaints with school districts to no avail. Our children are not receiving services that by law they are entitled to. Parents are tired of fighting for what is given freely to "normal" children, exchange students and illegal immigrants, while our children are growing up without an education because they aren't "normal". A child who doesn't speak english gets more services then the disabled children do. My son is on day 19 without a sign language interpreter. He is falling behind but still gets up and goes to school everyday saying "maybe they will have my interpreter today". This could be a huge class action lawsuit holding the schools accountable for discrimination and no one will touch it with a ten foot pole. Why?

Do I have a valid case?

duser123 — Fri, 20 Aug 2010 02:28:19 GMT

Hi,

My check for house rent bounced due to insufficient funds. I had given the check on the 2nd but it was cashed by my landlord only on the 9th. I forgot about the check and moved my funds around which caused the problem. I called back the leasing office after my bank notified me. The leasing office never intimated me. My apartment lets us pay rent till 10th of the month and I was told I can give a check any time during this period and they have the right to cash the check on any day before the 10th and since the account didn't have enough funds, I need to pay a 5% late payment. I asked them to waive the late payment feel but the person I spoke with didn't want to. I wanted to talk to property manager before making the payment but she was on vacation for the week. So I left a check for the original payment. The leasing office have left a note indicating effective today they don't accept partial payments and have notified the county's district court for collections. On the next day they alloted my parking space to someone else and I was asked to park outside the apartment complex. I was told that they will resolve the issue but haven't heard back from them. This is the first time this has happened and I haven't made any late payments all these years. I moved to this apartment complex a year back. I feel intimidation tactics used and discriminated. What does it mean when they say my account has been sent to district court for collection? Can they do this without providing me a notice? Can I file a case of discrimination? Please advise.

Thank-you!

Re: Telephone Rep having problems at the job

laffinc — Wed, 11 Aug 2010 19:22:15 GMT

Greetings,

I am currently working as a Tel Rep

My job responsibility is to patch calls (Respondents) through to many Legislators office.

My job responsibility is to patch thru Quality messages to the receptionist at the Legislators office.

I have been currently doing this job for 3 years and more.

Recently my Superior has held me responsible for not transferring a respondent thru to the Legislators office

with out the respondent relating a quality message.

The respondent did not relate a very accurate message to the Legislators office in a great fashion as to superior

satisfaction.

In any event I constantly perform road play with each respondent before transferring such respondents to the receptionist office so that a quality message can be related.

The respondent may have got nervous during the transfer then related a not so great message a simple mistake.

Although my superior informs me that I am responsible for the message not being related properly thru the respondent.

How can I be held responsible for the respondent getting a bit nervous and not relating the message as instructed?

I usually do an 8 hour shift due to such incident my shift has been broken down to a 4 hour shift.

I feel I am being punished un-professionally!

Please inform on how to deal with this situation

Discrimination Case???

LydiaR — Fri, 13 Aug 2010 21:40:34 GMT

I work for a well known hotel and recently put in 35 hours overtime, my employer did not pay me overtime and I was told by other employees that they have never been paid overtime pay, everyone who worked overtime this pay period did not receive their overtime pay. I am in the process of trying to obtaining my overtime pay and I have not filed a complaint yet.

Today the new schedule came out and I have found my hours have been cut to keep me below 40 hours a week and the two other employees hours were increased to 48 hours a week (because they do not demand their overtime pay and work for the flat pay rate) there is a race difference. I am told the employer gets a credit for every foreigner they have employed and he has shown favoritism in the past to these employees but this takes the cake.

Do I have a discrimination case?

I have tried to keep it brief so if you need more info just let me know. Thank you for your opinions.

I need URGENT HELP!!!

ASulli83 — Thu, 12 Aug 2010 03:44:52 GMT

Normal 0 false false false EN-US X-NONE X-NONE

My name is Adam. I am a Rhode Island resident suffering from Several Mental health disability’s, There are people suffering from Mental Disabilities that are unable to to get help in the State of Rhode Island. As I have been told I am one of those people and I am one who has slip in between the cracks! I have very bad Anxiety, Agoraphobia and depression! I am house bound, unable to leave the house. I have been trying to get help from my local mental health center and they are not willing to help me or even work with me. At first with them I was unable to make it to the intake appointment, when I called an canceled I told them that I was very sick and unable to make it. They told me that unless I’m able to make it for the intake there is nothing they can do for me. I contacted the MHRH and they were able to get them to send someone to my house to meet me. The lady was not helpful at all she insisted that I go to the ER Hospital and from there they give me a state bed because I do not have insurance. I do not feel that I should have to go to the hospital to get help and right now I can’t anyways. So again I contacted the MHRH and they sent another person to meet with me. This one was very nice to me, and took all my information again. She thought that due to my past history and traumas that I would and should be accepted for their SERVICES. After a week I had to call them, because I had not heard back from anyone. I was told that I did not meet there requirements and the only thing they are willing to do for me is to have someone pick me up and drive me to there location, knowing very well my problem is not transportation! I was very disgusted with them and everyone, I feel into a very depressed state that made me worse to the point I was having suicidal thoughts. Phone calls stopped and no one cared. A couple of months went by of being this way, . Then I meet with a Psychiatrist for SSDI that my lawyer found to come to my house and that is when I found out about that all mental health centers offers a in home service. A couple of weeks later I was found to be disabled and I was approved for SSDI. Knowing that I thought about I should be able to get counseling now, financial help and medical assistance. That took a lot of stress off of me and that gave me some hope and I realized that I want nothing more than to get my life back. Now knowing that they do in fact offer a in home service that they did not say anything about to me. I am fueled by anger at them for not helping me and turning their backs on me and again to the point that I thought about killing myself! So I started to advocate again for myself and the Kent center called me yesterday and told me that it is ( BHDDH ) MHRH's CSP Criteria is preventing them from helping me and from getting the help that I need and require! As of right now I am still not getting any Mental health help I am now all out of my depression medication and what is scary for me is that I only have about 3 pills of my anxiety medications left and I am unable to see a doctor and get refills. I feel that is wrong and that I shouldn’t have to go to a ER hospital to get medications and counseling and I feel that I do in fact meet there needs for the IN HOME Crisis intervention SERVICE. So right now I am stuck again and I am looking for any and all help on this! Can you please help me to help myself>? Thank you

This is the report that there baseing it on pages 7 to 14 for csp.

http://www.ohhs.ri.gov/gwtf/meetings/documents/MHRH_presentation_8_12_09.pdf

Discrimination

emst30 — Mon, 09 Aug 2010 19:00:48 GMT

I currently work for a county EMS? I want to know if I am being discriminated against or not? i have been with this service for 6 years, I have asked my director on several occassions about going to paramedic school and he has denied me on going. We have new employs that have been here less than 2 years but he sent them to school right after they were hired. but when I ask about going he tells me if I can't pass an intermediate class then how do I expect to pass a paramedic class.how does he know I can't pass it if he doesn't send me. I feel like I am being discriminated against. What can I do to help this matter.

Demoted due to a misdemeanor charge?

SSAtom — Fri, 06 Aug 2010 21:57:08 GMT

I have been working for a company for three years now. They recently promoted me to Assisstant Manager. There was a 90 day probahtional period to see if I was right for the job. During this time I guess they finally got around to doing a background check which shows that I have a misdemeanor charge due to embezzlement. I got a call one day saying that they were uncertain about my position in the company because they found a felony charge. I had to explain to them that yes it was a felony but the final dispostion was a misdemeanor and eventually faxed them the papers. Now this was all put down on my application at time of hire. Well today I was informed that I was being demoted. Am I in the right to wonder if this is considered discrimination? Is there a case to be had or should I just accept that this is all messed up and try and keep what lil of a job I have.

Usual and customary legal fees in Georgia for discrimination

ve5555 — Sat, 07 Aug 2010 13:43:03 GMT

What are the usual and customary fees to hire an attorney on a contingency basis in Georgia? One of the

lawyers quoted $3000 upfront and 33% of the recovery. This is for helping with performance appraisal rebuttal till settlement. Is that fair?

Need Advise

MarieCous — Sat, 07 Aug 2010 01:51:03 GMT

My boss recently found out that I was looking for another job. I have a few questions and I would appreciate it if someone knew the legal answers

He wants to have a meeting on Monday to "sit down and have a straight talk session" that he said I should prepare for. He wants my co worker and Office Manager in on the meeting. My boss and I have already had a formal discussion about this subject and I told him that I would not put in my 2 week notice before my wedding.

Here are my questions:

1- Is he allowed to corner me and grille me about my employment ?

2- Do I legally have to answer any of his questions if I don't want to?

3- There is no reason for the Office manager to be in the meeting, can I request she not be there?

4- The office manager/co worker and the other girl are making it extremely difficult to work there. Do I bring this up in the meeting so that the boss can fix the problem?

I thank you all in advance for your help. I need peace of mind and I have enough to worry about right now.

Currently facing gender discrimination with current employer

erikac1124 — Fri, 06 Aug 2010 00:26:35 GMT

I am currently facing gender discrimination with my current employer. Since my inception to the company it was very clear by the manager at that time that I was not one of the "boys". I was always in a position that I identified errors that were made by other members of management ( I was in management as well). When I would discover these items and it was found out that I was aware of the dishonest behavior the head manager would make my life a living hell for a 2 - 3 week time period. As a female working in my industry it was made evident that I wasn't going to be able to keep up with them. I constantly had to prove myself and exceed expecations. I found out that other members of management were not happy about a female coming on board to the team and there was some resentment since all previous managers were male. What I would like to know is what can I do to address this issue of gender descrimination that I am currently facing?

Regards,

erikac1124

Lawyer stated I have no claim?

jstv70 — Wed, 28 Jul 2010 21:52:09 GMT

Starting off, I am a complete paraplegic, a year ago after going through voc rehab I was offered a job. When I was interviewed for the job myself and now supervisor noticed my wheelchair would not fit through the office bathroom doors. I was told I am a good candidate for the job but since the job required me working alone occasionally, not being able to get in the bathroom would be an issue that could prevent my hire. After being out of work since my injury in 1994, I was so eager for the opportunity that I said it wouldn't be a problem due to the fact that I have to use a catheter and leg bag anyway because of my injury. I also stated that if it was only 1 or 2 nights a week I should be fine.

Well after training my supervisor started putting me on multiple overnight shifts where I work by myself with no access to a restroom (sometimes 4 or 5 nights a week) This became very hard on my kidneys so I explained it to the supervisor, my schedule was changed for that week and then right back to the same thing. So finally I got fed up and decided to file with the EEOC (after a year plus of this same song and dance) because I do not want to risk my health any longer. I read that it is better to contact a lawyer also, so that is what I did. After a week long run around he basically said I have no case because I agreed to use a catheter. I waited on submitting my claim to the EEOC on his offices advice and am ready to go forward on my own. Using a catheter is not something I "agree" to it is part of my life. Is he correct or do I need to look for a better attorney?

I know my decision is up to me but I'd just like to get a few thoughts from this community, thanks and sorry for the wall of text it was really a lot longer.

I have a Right to Sue Letter and need an Attorney

rdn7650 — Wed, 28 Jul 2010 14:05:48 GMT

I received a Right to Sue Letter (NRTS) on Friday (at my request) and am now seeking an attorney for the following areas: wrongful termination, Race, age, & disability Discrimination. I am 55 years old, an African American, and taking medications for a disability (depression & Insomnia). I am looking for someone to write a letter to my employer advising them that I intend to Sue because I have the Right to Sue Letter and because I am in several "Protected Classes." I believe my boss has sloppy documentation and is not aware of company policies that should be followed prior to terminating an employee. When I went to EEOC I was told that they have an extensive backlog and that they would be able to complete its administrative processing within 180 days from the filing of my charge (this is also noted on the NRTS). So they are terminating its processing of this charge. I have 90 days from July 23 to take my complaint to the next level. There are other extenuating circumstances that I will not mention in this forum, but would like to speak to someone via telephone. Thank you! RMD

Wronful termination-accused of making a racial comment

okangelo — Tue, 27 Jul 2010 15:59:34 GMT

I was employed at [a bank] from April 19^th, 2010 to May 28^th, 2010 as a mortgage processor. I was paid weekly by Disys, the agency that placed me, located at 19111 Dallas Parkway, Suite 250, Dallas, TX 75287. My employment was abruptly terminated on May 28^th, 2010 because someone said that I had made a racial comment. [Two gentlemen] rush to judgment without investigating resulted in wrongful termination, discrimination, depression and loss of income.

I was discussing Kunta Kinte, the main character in “Roots”, with a co-worker name [john]. I’m not sure of [john] last name but it was close to Olyanwandu. [john] was from originally from Africa, but was now living in the United States.

On or about Thursday, May 27^th, 2010, [John] had come to work in a beautiful, authentic African 2 piece dress combo and head dress to match. I commented to Jay about the beautiful colors and materials. He explained to me that he had just attended an event at his son’s school in which he spoke and educated his son’s class on his African heritage, ethnicity, culture and traditions. I can’t recollect but I think [John] was from Liberia, but it could have been Nigeria. [John] was telling me about some African food dishes and we both found similarities in the fact that his African culture and my Puerto Rican culture both use rice for many of our traditional dishes.

The conversation turned to the movie “Roots” and its main character, Kunta Kinte. We were right in front of my cubicle. I asked him if he ever saw Roots and he said yes. [john] then told me what part of Africa that Kunta Kinte was from. I then said that those conditions and treatment of slaves were horrible and that Alex Haley’s story was well told and very explicit. The conversation ended and we both went back to work. [john] was terminated that very day in his authentic African garb. At first, I didn’t understand why, but I assumed it was work related. Now I think the termination may have been because he was dressed in an African outfit and someone must have been offended or [bank's] racial paranoia caused his termination. I would hope [john's] termination was based on worked performance. Only [the bank] knows.

On or about Friday, May 28^th,2010 at approximately 2PM, I was escorted by [name remove], my manager, into an office. In the office was [name removed], division leader. Both [names removed] are white. They informed me that someone had said that I had made a racial comment. I was shocked. I explained that [john] and I were talking about [john's] African culture, traditions, and the movie “Roots” and that were discussing Kunta Kinte. [name removed] immediately said that mentioning Kunta Kinte is a racial comment. I asked [name removed] why is saying “Kunta Kinte” a racial statement? He said “because it is!” I also asked who accused me of making a racial comment, [name removed] then asked for my ID badge and security pass card. All he would say was that there was a zero tolerance at BOA and we are not allowed to discuss races. I begged [name removed] to give me the benefit of the doubt. I challenged him to question my co-workers and to obtain a consensus of my character and the fact that I was a team player, both from white and black co-workers. He refused. I pleaded for a written warning and that I would agree never to discuss any regarding race at the workplace. Again, [name removed] rushed to judgment and refused. I felt that he was determined to be the judge, jury and executioner. [name removed] did not support, defend or acknowledged my integrity.

I was then escorted to the parking garage by [name removed]. I left devastated, hurt and humiliated. Never in my life, 53 years old, had I ever been accused of racism. This had made me feel discriminated upon [name removed] and [the bank]. I explained the dismissal to [name removed] and he said that [the Bank] huge accounts and that the termination was unfortunate. He offered no support. I have never felt so powerless. Depression has set in. I spend weeks isolated, wondering what I did wrong. I cannot seek medical attention to get treatment because I have no medical insurance. I am still unemployed. I feel my right to liberty and the pursuit of happiness have been violated by [the Bank] and [names removed].

I question, now, WHY wasn’t my division head, [name removed], present in that meeting? [name removed] is African American. WHY wasn’t the site leader, [jack], who is also African American, present? WHY wasn’t my alleged accuser present? WHY wasn’t a warning issued instead of being terminated?

I also which to make clear that over the short period of time that I worked at [the Bank], when I had a question I would go to [name removed]. I can honestly say that over the 20 times that I went to him, his answer would always be “I’ll get back to you”. Yet, he never would get back to me. I have always been resourceful and got my answers from co-workers and the policy and procedures manual.

One time, I had a question, as any new employee would, and stood up in my cubicle looking for help. I happen to see [name removed], site leader, walking by and ask for his assistance. He promptly came over, listened and answered my question. He questioned who was my manager? I said [named removed] also enlightened me to the “4 Y’S”. I will forever be grateful for that information and, as you can see above, I am now using it.

Recently, they have been similarities in my case and a national situation involving Shirley Sherrod, Department of Agriculture, accused of racism. She also begged for an inquiry. It was initially denied. She was fired. Just like [name removed], Tom Vilsack, Secretary of Agriculture, jumped the gun and rushed to judgment, partly because we now live in this media culture where something goes up on YouTube or a blog and everybody scrambles. Tom Vilsack apologized and offered Shirley Sherrod a new job. I’m just a hard working man trying to put 2 kids through college, regular guy from Philadelphia, who just like Shirley Sherrod, has comments taken out of context without any effort for the entire story to be heard.

I would welcome an apology from [name removed] and my job back. I still hold bank of America as an excellent place to work with wonderful management, co-workers and computer systems. I thought of contacting Fox news and the media so they could become aware. I have not, but now, due to recent events, might be a good time.

I welcome a solution to the wrongful termination. I am still unemployed and feel blacklisted by [Bank] Recently, another agency offered me a position as a short sale customer service position at [Bank]. I applied and was denied. Reason; “according to our records, he’s still employed here”.

Thank You,

Angelo

Reverse descimination or not?

brytb — Tue, 27 Jul 2010 18:37:31 GMT

My girlfriend (we'll call her Kim) was recently let go as a Director of two residential programs dealing with the mentally challenge, not for cause but for her managerial skills were lacking. She was promoted for Ass. Director (of another program) to that position. When she first took the Director position it was for just one program, a new program just starting out. A few weeks after accepting, they added the second program which was already established. The Director she replaced was transferred to a different location, due to his managerial skills were lacking, the same reason Kim was let go and she had twice the work load, to an Ass. Director role. The staff that she inherited and hired for both programs were predominantly black and the Director she replaced was also black. Since taking on the second program she has had nothing but problems from that staff. From no-call no-shows and not performing their duties to blatant disrespect in front of other staff. Every time she tried to seek disciplinary actions with the HR Director (who is also a black woman who has a known problem with white women), no actions were taken. Three weeks prior to Kim getting let go, She had 1-on-1 meetings with all her staff with her boss present. At the time of the meetings not one staff member said there were any problems with her managerial skills and some went as far to say that everything was going great. Kim had received a phone call about a week ago from her boss stating that there were some issues the staff had with her and that she had to meet with HR. At the meeting there was very little discussion of the issues that were presented by staff and the reason for her termination was, again, not for cause but for her "managerial skills lacking and it wasn't the right fit". They gave her, at the time of the meeting, a check for her accrued vacation time and were going to keep her on the books for the next two pay periods as well as an additional three months of insurance. A few days later Kim called the VP to discuss some issues. One of the issues was that she didn't get her due process. In the employee hand book it clearly state any issues with performance starts with a verbal warning, then written documentation then termination. Kim never received any of these. When the VP was asked of this he dodged the issue and went as far to say the at the meeting they all agreed that she had resigned, which was not the case. If someone resigns you don't give them extended benefits, right? To make a long story short it is our feeling, as well as everyone we've talked to, that instead of trying to fix the staffing problems they decided to let her go. If anyone out there can give some insight it would be greatly appreciated.

Age Discrimination?

Warren000 — Fri, 23 Jul 2010 19:38:28 GMT

My aunt (along with a colleague about the same age) was let go a few days ago, saying her position, had been eliminated. Upon being escorted out of the building she told the HR manager that she knows this is an age discrimination situation because she knows they know she's 66 and that she's going to sue. The HR manager told her to go ahead, she wouldn't win. She later got a severance package in the mail which says that it's a retirement package. She therefore can't collect unemployment.

She met with an ex co-worker for lunch who works in the HR department at the same job. A colleague of that person mentioned that they heard an HR official there joking with another employee saying "You know you cost us 3 to 1? You just turned 66".

Could this employer be engaging in employee discrimination? Is this something that generally happens?

Am I right to be upset?

eagle8598 — Fri, 23 Jul 2010 13:38:52 GMT

I have a lot to say. First I had a stomach virus on Easter, was not allowed to go home, then knowing that I was very sick let other employees go home because we were slow and it was another’s birthday. The next weekend an employee came in with extreme hangover, manager felt bad and let them go home early. I was short on days for the weeks schedule and asked district what they could do, said they would look it over, nothing happened. Two weeks later in front of me, another employee had same problem, district went right to schedule and gave them more days. This is just some of the problems I am dealing with. Do I have any rights here? Please help I am extremely stressed and it is causing me health problems. Thank you

drug test

gefco — Fri, 23 Jul 2010 03:14:17 GMT

ok lets clear it up. i got hurt on the job on 1-5-10 hurt my neck i thought it was just my muscule.3 weeks later i got numbness and tinggling down my arm.i kept working despite the pain i was taking alleve and pain aid fm the medical box on the jobsite.i told my boss i was hurting and i would finish the job then i will have to go see a doctor for it. on 2-17-10 i went in to work told the safety officer i was going to file a report on my injury. he knew about it and said he could see i was in pain i told him i had to take my wifes vicodin because the pain was bad he said i dont blame you. so i filed a w/c claim when i was about to leave in my car he said i need to do a post accident drug test. so he swabed my mouth and came up positive for opiates.he said ok so i left to go to the doctor.next thing i know im getting a phone call fm the truck driver laughing saying you flunked your drug test.i asked him how he knew he said the safety officer showed him. which hes close with.did they violate my rights. im taking vicodin now perscibed by my doctor. any violation? in my company hand book it states drug testing will be confidential. is it hippa or ada or what. can anyone help clear this up .

Pennsylvania - Fired for Background Check After Hired - Help

Molifer26 — Thu, 22 Jul 2010 02:33:13 GMT

Hi

I was fired from my job today after working for 2 weeks because my background check came back for a simple assault charge. I had disclosed this information when I was interviewed and hired and they said it would not be a problem. I was doing well at the job and had no other issues. They also told me I would not be paid until August 6th, and paydays are Fridays according to other employees. They did not state upon hiring when I would be paid and just said that I would advance fast in the company for generating marketing leads by going to Home Depot and offering customers their promotion for free in home estimates of kitchen cabinet refacing.

My question is, is this wrongful termination in some way since I was upfront verbally and on the application that I had an assault charge and am on probation for it? Is this a lawsuit? I used to be a manager for a warehouse 2 years ago and we weren't allowed to fire people if it was in their application that they had a criminal record. I wasn't sure if the law had changed or if that was just a company policy at the time.

Any information regarding this matter would be greatly appreciated.

Thank you.

Am I in Trouble? Will I see Justice?

Vicente — Wed, 21 Jul 2010 23:03:52 GMT

I work for a Fortune 500 company for the last 10 months. Everyday, I have been subjected to harassment and racial taunts. I have reported this to the internal HR, high ranking management, Ethics and Internal EEOC compliance. No one has substantiated anything and they refuse to give me their results in writing. When I went to the internal EEOC officer, he sat down with me and devised a plan to catch the culprits. He asked if I could record conversations on my phone. I said yes. He asked me how. I showed it to him, he then went onto say that I should record the illegal behavior of my managers and then send it to his voicemail. He said all of this while my recorder was on. That way, he can substantiate the claim. I was reluctant on this and asked him if it was okay to do so. He said Yes. I went and talked to my manager and recorded him defending the illegal behavior. He said that that I got dirt kicked in my face and i should deal with it. Before I began, I told him that I would record the conversation, and he said okay. I even have him saying that it was okay. I send this to the EEOC person and he brings me into the room with the lawyer present and threatens me with a civil suit because I illegally recorded a conversation and broke the state law. I live in PA. I told him that the manager gave me permission. The investigator said that I tampered the audio and the manager (Just below the director level position) never gave me authorization. I have email trails 10 months old showing discrimination. No one is willing to speak out because of fear of retaliation and being fired since its a multinational corporation. Do I have any rights. I am currently on medication due to the treatment and don't know how much more I can take it. I see the co workers conspire and work together stories and don't know if I will be believed. I currently have a federal EEOC case opened but don't know if that will accomplish anything due to the fact that this is a multinational fortune 500 company. Will I see justice? Am I in trouble for recording? I have the manager saying that its okay to record. But now he is saying that I tampered it and he never gave me permission.

drug testing

gefco — Sun, 11 Jul 2010 21:45:16 GMT

i took a drug test came up positive for opiates.taking vicodin 4 a work comp accident.safety officer showed the druck driver my results he called me and started to laughing ann violations?