2pointslow Posted June 22, 2012 Report Share Posted June 22, 2012 The woman has been having a rough time at work due to an employee (assistant manager) who has it out for her. She has tried to talk about it with not only the GM, DM but the owner of the company. None of which seem to really give a fuck, they have a revolving door and just hope people go away instead of bringing a fight. Today was the breaking point when they didn't pay her vacation that she was promised. I have talked to several people about the issue including my hr manager and a few attorneys. They all told me to file a complaint about it on the EEOC. Has anyone had to deal with them or can give me some insight into this? Quote Link to comment Share on other sites More sharing options...
RyM3rC Posted June 22, 2012 Report Share Posted June 22, 2012 EEOC will only talk to you if it is an equal opportunity issue. That will probably be the first question they ask actually. If it is not racially/sexually/etc motivated, they won't help you. If they are not giving her PTO that she has accrued (assuming that's company policy) then call dept of labor wage division and report wage theft. If it's just a personal grudge thing, I'd guess she'll need to hire an attorney. And another thing. If she leaves the job and expects to collect unemployment she'll need to prove she had just cause for separation, which she'll most likely have to rely on the company to provide evidence. That can be pretty tough in itself. Quote Link to comment Share on other sites More sharing options...
2pointslow Posted June 22, 2012 Author Report Share Posted June 22, 2012 EEOC will only talk to you if it is an equal opportunity issue. That will probably be the first question they ask actually. If it is not racially/sexually/etc motivated, they won't help you. If they are not giving her PTO that she has accrued (assuming that's company policy) then call dept of labor wage division and report wage theft. If it's just a personal grudge thing, I'd guess she'll need to hire an attorney. This is what i thought, the General manager likes boys( hes gay). Demoted her and the other female assistant. Hired back the girl they fired a week prior and put her as the assistant. Now the girl is having a hay day making her life a living hell. She dropped her down to part time w/ 15 hours a week from 40+. There's a lot more to it but she pretty much has free reign to make her life a living hell. So do we have 2 complaints? Quote Link to comment Share on other sites More sharing options...
RyM3rC Posted June 22, 2012 Report Share Posted June 22, 2012 This is what i thought, the General manager likes boys( hes gay). Demoted her and the other female assistant. Hired back the girl they fired a week prior and put her as the assistant. Now the girl is having a hay day making her life a living hell. She dropped her down to part time w/ 15 hours a week from 40+. There's a lot more to it but she pretty much has free reign to make her life a living hell. So do we have 2 complaints? I can't think of any legal recourse for your friend unless they're being sexually/racially/etc insensitive, time to find another job. If she's fired because she isn't sexually interesting to the manager she could try for a wrongful termination suit, but gooooood luck. That's pretty shitty. Quote Link to comment Share on other sites More sharing options...
Mensan Posted June 22, 2012 Report Share Posted June 22, 2012 If she files a suit she should be prepared to lose her job entirely. Quote Link to comment Share on other sites More sharing options...
Guest Hal Posted June 22, 2012 Report Share Posted June 22, 2012 This is what i thought, the General manager likes boys( hes gay). Demoted her and the other female assistant. Hired back the girl they fired a week prior and put her as the assistant. Now the girl is having a hay day making her life a living hell. She dropped her down to part time w/ 15 hours a week from 40+. There's a lot more to it but she pretty much has free reign to make her life a living hell. So do we have 2 complaints? No. The more I look into the issue, the less promising it looks. There's nothing, that I am aware of, which suggests she has been discriminated against under one of the protected classes (i.e., racial, gender, etc...). The best she can do now is to file a complaint based upon the denial of wages. Like Eli said, if she pursues this course she will need to be fully prepared to lose her job. I would guess that's not a real issue though. Quote Link to comment Share on other sites More sharing options...
acklac7 Posted June 23, 2012 Report Share Posted June 23, 2012 Legal beagle's feel free to correct me but isn't there some state law against intentionally creating/promoting a hostile work environment? Quote Link to comment Share on other sites More sharing options...
V8 Beast Posted June 23, 2012 Report Share Posted June 23, 2012 Legal beagle's feel free to correct me but isn't there some state law against intentionally creating/promoting a hostile work environment? The problem is being able to prove it. She will be fighting an uphill battle no matter how you look at it. The end result going to be her not working for that place one way or another. I would suggest looking for a new job asap and not looking back. Fighting isnt worth the time or money. Quote Link to comment Share on other sites More sharing options...
Guest Hal Posted June 23, 2012 Report Share Posted June 23, 2012 Legal beagle's feel free to correct me but isn't there some state law against intentionally creating/promoting a hostile work environment? Yes, there is. The problem is that a hostile work environment really has nothing to do with this. In order to claim a hostile work environment you have to have been discriminated against or harassed in terms of the protected classes (i.e., race, gender, etc...). Beyond that you can also include sexual harassment or discrimination against people's with mental/physical disabilities. Sadly, there are no laws regulating how big of a dick a boss can be. Quote Link to comment Share on other sites More sharing options...
2pointslow Posted June 23, 2012 Author Report Share Posted June 23, 2012 Thanks for the info everyone, i figured she had no case or it would be a hard one to prove. They fuck over every employee, i was just hoping we might be able to do something to help it stop. I told her to find a job and just walk out, theres no 2 weeks at this place. They dont allow you to quit, they fire you if you put your 2 weeks in. Quote Link to comment Share on other sites More sharing options...
Mojoe Posted June 23, 2012 Report Share Posted June 23, 2012 If she's down to 15 hours, how is she even able to stay there? If she hasn't documented anything to support her claim for being treated unfair, this sounds like its going to be an unproductive outcome. Department of labor is where to go in the vacation pay. I had them chase down some money owed to me. Businesses do not like the department of labor contacting them. And in the end, if the are found to be at fault, then they are a known company for issues. I can tell the company that owed me money pretty much caved in and cooperated right away. Quote Link to comment Share on other sites More sharing options...
2pointslow Posted June 23, 2012 Author Report Share Posted June 23, 2012 No she has documentation of alot, including screen shots of them changing clock in times so they dont have to pay over time. Quote Link to comment Share on other sites More sharing options...
RyM3rC Posted June 23, 2012 Report Share Posted June 23, 2012 No she has documentation of alot, including screen shots of them changing clock in times so they dont have to pay over time. Changing clock-in times as well as denying overtime for hours worked is against the law. If she has proof she should pursue this. Have her google Dept of Labor, but be forewarned it's a BIATCH to get a hold of them so she'll probably have to leave a message or actually go downtown. Quote Link to comment Share on other sites More sharing options...
Guest Hal Posted June 23, 2012 Report Share Posted June 23, 2012 Changing clock-in times as well as denying overtime for hours worked is against the law. If she has proof she should pursue this. Have her google Dept of Labor, but be forewarned it's a BIATCH to get a hold of them so she'll probably have to leave a message or actually go downtown. Yes, this. If she has proof, she needs to go after them. Quote Link to comment Share on other sites More sharing options...
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