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Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3896
Experience:  Attorney since 1986; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
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I think I may have a case against my employer for multiple

Resolved Question:

I think I may have a case against my employer for multiple reasons.

1) The senior vice president for whom I work is very odd and quirky. The entire company knows how odd he is and the CEO has told me, "I know that Rodney gets an F- as a manager."

Rodney turns every molehill into a mountain. Everything is a crisis all the time. It is a very stressful department to work in. The CEO has told me that Rodney expects twice the work for half the pay. I have worked for Rodney for the past 10 years.

During that time, he has ensured that I was passed over for three promotions. He has expected long hours and has underpaid me according to salary comps. He is the sort of boss that is constantly critical. Some say he is harassing. Some call him a bully. He says rude and inappropriate comments about staff members weight and looks. He constantly riducules people. He loves catching people in a mistake. He is a super perfectionist, criticizing even the way we staple papers!! He is a big fault finder. His reviews are scathing for all of his staff members. He belongs to the Church of Christ, which has certain beliefs about the role of women, and he is particularly hard on his female employees.

He calls older female workers, "old battle axes."

His comments about a Mexican American workers was, "She looks like she belongs on the cleaning staff."

I believe this man is largely responsible for a nervous breakdown I had about three years ago. After years of constant ridicule, constant stress, long hours, constant berating, I got to the point where I couldn't sleep. I lost about 20 pounds and ended up taking an antidepressant just to cope with the stress.

If that weren't bad enough, now our department is embroiled in a turf war with a regional office. This group wants control of our responsibilities. They manufacture false claims about us and put this in emails to the entire senior management team. As a result, my boss, who is very punitive, has decided to put me on probation, to demote me, to reduce my bonus and not give me a raise this year. He is also punishing my direct
supervisor who is a male. He is on probabtion and is not getting a raise, however, his bonus was not cut nor was he demoted. I think the punishment is ridiculous. We are not the perpetrators of the conflict.

I am not sure what the lawsuit would be. I know that I have been harrassed. I have been bullied. My boss is a sexist and a racist. The other office is slandering us. And it appears that I may lose my job over this.

As you might understand, I am not happy in this position and have attempted to find other employment. I probably send out 4-5 resumes every week.

I work for a Fortune 500 oil and gas company. I work very closely with all the members of the C-Suite. They all know how goofy my boss is and they frequently make references to how difficult he is to work with, but they don't do anything about it.

It is possible that we might have a group lawsuit against him, as there are many people who he has treatly in a severely punitive manner. He withheld partial payment of bonus this year from a female staff member who got a perfect score on her performance review. She had recently made him mad by not attending a luncheon.

I am in the corporate public relations department. The group that is challenging us is our regional pr department, and they are running an internal PR smear campaign to discredit us and take over our responsibilities. This turf war has really gotten out of hand. All of our jobs have been threatened by the CEO, but I am the one who is probably going to end up losing my job.

If you think I have a leg to stand on in terms of gender discrimination, harassment or slander, please let me know. I have recently been demoted from a Manager to a Specialist due to the conflicts with the other group. I believe they are looking to terminate me as soon as we complete this year's annual report.

I have lots of emails that demonstrate the lies and underhanded methods of the other group. I would love to hear your opionion.
Submitted: 5 years ago.
Category: Employment Law
Expert:  Jane Doe Deer replied 5 years ago.

Thank you for contacting Just Answer.

 

 

Answer: From everything you told me, the possible bases for a lawsuit would be discrimination and defamation. All the other things, such as micromanaging, the other office trying to undermine your office - not a basis for a suit.

 

It would certainly help if several people joined together in a discrimination complaint and/or lawsuit.

Since it sounds as though there are enough employees, you and your colleagues have the right to file a complaint with both the state discrimination agency and the federal one, the Equal Employment Opportunity Commission (EEOC). However, it's my understanding that you can only file a complaint based on discrimination that happened in the last 180 days, but you should check with the agencies. (I'm thinking you can file on the discrimination, including discriminatory comments, as well as retaliation for protesting the discrimination).

 

In Texas, you can contact the state agency here: http://www.twc.state.tx.us/customers/rpm/rpmsubcrd.html

 

There is also some additional very helpful information here: http://www.tlsc.org/erp1.html

 

You can contact the EEOC here: http://www.eeoc.gov/ (there's a ton of great information at this website!)

 

If you start with the state agency, in most states they'll file a complaint with the EEOC on your behalf at the same time.

 

There are deadlines for filing, so don't delay!

 

Complaint investigations are free. They're not always the best, XXXXX XXXXX do get a free investigation. If it looks like they are going to file a "no cause" finding, withdraw your complaint before they do. That way, if you go to court, a "no cause" finding can't be used against you.

 

Another option is for you to schedule consultations with two or three employment attorneys with at least five years of experience. If several of you go together, that cuts down any costs per person. You can find such attorneys here:

 

http://www.telaonline.com/

 

or

 

http://www.ttla.com/TX/

 

or

 

http://www.texasbar.com/Content/NavigationMenu/Additional_Information_For_The_Public/Selecting_a_Lawyer/Lawyer_Referral_Information_Service/Lawyer_Referral_Information_Service.htm

 

It's fine to go in for consultations, but don't actually HIRE an attorney without first checking references. And don't try to pick the attorney's brain on the phone. Schedule an appointment and visit the office, like you would for a doctor!

 

Unfortunately, without a contract or union, employers can be harassing, critical, mean, nasty, and etc, as long as that treatment is not based on illegal discrimination.

 

I'm happy to answer follow-up questions. If you have none, please

"ACCEPT" my answer.

 

There can sometimes be a delay of an hour or more in between my followup answers because I may be helping other customers, conducting legal research, or taking a break. If we're writing late in the evening, I may need to get some sleep and resume helping you the following morning.

 

Bonuses of even a dollar are much appreciated and help support this site.

 

 

I REALLY appreciate FEEDBACK so that I can continuously improve!

 

All my best,

 

Jane Doe Deer

 

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