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Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
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I have just resigned from a mortgage banker in SC as branch

Customer Question

I have just resigned from a mortgage banker in SC as branch manager. During my year of employment, 2 of my employees, both who are men, received special treatment: 1. I was denied a draw against comm because I have emails from all 3 owners which state that this company does not give draws to anyone. However, a draw was given to one of my male employees. 2. Another male loan officer, went on a vip hunting trip with owners of our company to a private ranch which does not allow women. This was a new employee who had lower production when I, the branch manager was excluded from this trip. Are the above examples of a strong gender discrimination case? Also, I had a forced resignation on Tueday, March 8, 2011 due to constant harassment. I am due compensation of over $7000 that would have been paid today, March 10, 2011. I am being told that they are going to hold my pay for 60 days since the contract says this and that they are deducting from where they have overpaid me. My contract says nothing about being overpaid. In addition, a have an email stating what my comm should be for the 10th payroll. They are now saying that this is incorrect and is a different amount today. What can I do?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Jane Doe Deer replied 3 years ago.

Jane Doe Deer :

Thank you for contacting Just Answer. I look forward to assisting you.


While we write back and forth, please keep in mind that I do not know what you already know or don’t know, or with what you need help, unless you tell me. Sometimes I’m unable to read your entire question until AFTER I write back to you.


 



Although it’s usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.


 


Or, if we are chatting, and I don’t hear back from you for an extended period of time, I will move on to other customers and then come back later to check for replies or follow-up questions from you.


 


I need the following information before I can answer your question:


 


I may have missed it, but can you let me know whether you protested this behavior to management?

Approximately how many employees have, worldwide? (Just want to know if it's 25 or more).

Did any of your colleagues who were female receive the kind of special treatment that you feel was denied to you?



 


I'll look forward to hearing from you,


 


Jane Doe Deer


Jane Doe Deer :

Hello, are you there?

Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
Jane Doe Deer and 3 other Employment Law Specialists are ready to help you
Expert:  Jane Doe Deer replied 3 years ago.
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Customer: replied 3 years ago.
Yes, I complained and nothing was done. I have several other women who have been discriminated against who want to file a lawsuit with me. Yes it is over 25 employees.
Expert:  Jane Doe Deer replied 3 years ago.
Thanks for the clarification. Let's first talk about the alleged discrimination, and then the wages separately. Is that ok with you?
Customer: replied 3 years ago.
yes
Expert:  Jane Doe Deer replied 3 years ago.

If there are enough employees, you always have the right to file a complaint with both the state discrimination agency and the federal one, the Equal Employment Opportunity Commission (EEOC).

 

In South Carolina, you can contact the state agency here: http://www.state.sc.us/schac/

 

 

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, but you 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.

Do you want more information on this topic, such as how to find/hire attorneys?

As far as your wages go, you can file a wage complaint with the state for free:

 

http://www.llr.state.sc.us/Labor/wages/index.asp?file=formswages.htm

 

May I be of any further help? Do you want more details about anything?

 

My best,

 

Jane

Customer: replied 3 years ago.
Do you feel that this was discrimination? Secondly, can they hold my pay for 60 days and reduce my comm?
Customer: replied 3 years ago.
Do you feel that this is discrimination? If the pay period had ended and I was forced to resign, can they hold my check for 60 days? Can they go back and pay me a lower comm due to an acct mistake?
Expert:  Jane Doe Deer replied 3 years ago.

All the examples of gender discrimination would support a good case. It's worth pursuing.

The "problem" might be what your local jury pool is like. You can have the best case in the world, but if local jurors tend to side with employers, well, it just adds more obstacles to overcome, making it a that much harder case. I encourage you to meet with two or three employment attorneys with at least five years of experience in discrimination.

You can find such attorneys through such organizations as the following:

 

http://www.scaj.com/SC/

 

No, they can't withhold your wages for 60 days, or cut back on a commission after promising you a certain amount. That's why I gave you the link for filing a wage complaint. It's free, and you have the power of the state looking into it for you.

 

Meanwhile, no matter what you do, start your job hunt, and keep a running list of every place to which you apply.

 

At the same time, if you don't already have a journal of things that happened at work, sit down and prepare a chronology, from the date you first applied for the job (approximately). Sign and date this chronology, since it may end up being used in court as evidence. The longer you wait, the dimmer your memory will be, so do this sooner rather than later.

 

You can call the state agency this morning about filing a discrimination complaint. Don't put it off.

 

My best,

 

Jane

 

 

 

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