How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Tina Your Own Question

Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32620
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
4460311
Type Your California Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

I am a Female VP Markeitng & Sales working for a company where

Customer Question

I am a Female VP Markeitng & Sales working for a company where there is only myself and the (male) VP Operations as "equals" in upper management. We are owned by an Italian company and we both report directly to the owner/partner of the company in Italy.

The VP Ops did not have the title or money that he has now until I was hired.
He has about 15+ years less work experience that I (he is age 40, I am 57) and was at a pay scale of $90k when I came on board. I came on board for substantially more money due in large part to not only my successful track record but simply time in.
He was made VP Ops ONLY becasue prior to my coming on board he was the only one running the company and He writes checks etc. so they had to give him a good title.

After I was there for about 6 months I started having alot of challenges working with him (because he was very limited in his world view and lacked big picture management experience) and fought me about everything.

So I suggested to my boss that he should get paid more money... because I knew that he worked hard, had done a decent job overall in taking a small business and developingit without much help but mostly because I thought he would continue to resent me and I would never get anything done. He had to sign my pay check.
By the end of the year we were compensated the exact same money.

Unfortunately, it did not help to change his behavior and if anything it made it worse.
He continues to act as though he is the only one running the company and doesn't need to discuss or consult with me about anything. He BLOCKS all of ways in which I try to get the company to improve (streamlining work flow process, computer software, etc).

I have brought it up in writing numerous times to he and the big boss in Italy who is Italian male and also pretty chauvinistic. after 3 years, I am at my wits end about it.

I am a strong leader with many sound ideas and I have sucessfully doubled the sales of the company after a year. I have already made many positive changes but I can't do it alone and I feel that I am constantly being blocked and in a power struggle.

I dont know who much of this is legal discrimination, but in my heart of hearts, I feel that it is because I am a woman. We already had a female customer service rep leave for this reason, she felt that there was a very negative "boys club" environment going on.
I am sick of it and want to know if there is any way I have any kind of a case to seek resolution and damages if it doesnt change.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

I am sorry to hear of your difficult situation.

Have there been comments directed toward you by the employer indicating that you are being treated less favorably because you are a woman?

Customer: replied 2 years ago.
no, but the Vp ops only deals with the other guy in the office and he routinely excludes women in nearly all decisions. what I percieve to be gender bias is very subtle. I am his equal and he he doesnt treat me as such. my italian boss also does the same thing. he routinely doesnt include me in decisions that I should be involved in and they both make unilateral decisions that affect my job performance.
Expert:  Tina replied 2 years ago.
I see.

Gender discrimination is often subtle and not overt. It is more difficult to prove, but not impossible. Such circumstances make it more critical that you retain a local employment law attorney to represent you in the matter to aid in determining the best method for proving that discrimination is involved and guide you in making the strongest case possible, so it can be resolved through mediation or litigation.

Normally, a complaint of discrimination must be filed with the company's HR department, unless filing a complaint would be futile, which is likely to be the case here. If that is the situation, then a charge should be filed with the state Fair Employment and Housing Commission within 300 days of the alleged discriminatory conduct.

The state and local bar associations can provide you with attorney referrals.

Here is a link to the Commission's website:

http://www.fehc.ca.gov/commission/guide.asp

I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!

Customer: replied 2 years ago.
Relist: Other.
This waa not an answer at all.
Expert:  Tina replied 2 years ago.
Hello again, Debbie.

I'm not sure what you are looking for from me. You could file a complaint with the EEOC or Fair Employment and Housing Commission, but since the employer's alleged acts of discrimination are subtle based on your own analysis, I would not expect a successful outcome in resolving the situation in all likelihood, and the situation would likely continue and the employer may even retaliate against you for filing a complaint (which is illegal).

Because of these facts, I would retain a local employment law attorney to aid in proving that discrimination exists at all. If you cannot prove discrimination exists, there is typically no recourse against the employer since the employment at will doctrine permits employers to dictate the terms of emplyment, even if unfair and unreasonable.

So, your only chance of resolving this would normally involve proving that discrimination is involved as prohibited by state and federal law.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    869
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3602
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 
Chat Now With A California Employment Lawyer
Tina
Tina
California Employment Lawyer
32620 Satisfied Customers
JD, 17 years experience & recognized by ABA for excellence in employment law.