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Ellen, Lawyer
Category: Employment Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Can I sue my employer for unfair labor practices A supervisr

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Can I sue my employer for unfair labor practices? A supervisor and his wife both work at same Co. as myself. The Co. posted a job for a supervisor, put people thru the interview process, only to give the job to the already supervisor's wife. Since then, I learned 2 wks. before the posting, the already supervisor and his wife was giving a overview of job and area she would be working in. They knew they were giving her the job. I have more experiences, senority and had been a Group leader for 4 yrs. for this Co. This is just one incident with this Co., there are several others in my 7 yrs. employment, this one just put the icing on the cake!
Submitted: 5 years ago.
Category: Employment Law
Expert:  Ellen replied 5 years ago.

So sorry to hear of your difficult situation.

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

You appear to have a discrimination case against your employer but not an unfair labor practices claim. Here is why

Absent a written agreement to the contrary, an employee can be treated differently or discriminated against for any reason, as long as the reason is not prohibited by law. Nepotism is not prohibited by law. However the law does prohibit employment discrimination on the grounds of race, religion, sex, national origin, age, disability,past, current, or future military obligations, FMLA usage or filing a workers compensation claim.

If you think that your treatment was based one of these protected areas you may have an actionable claim against your employer.

To make a claim against your employer, you must file a "charge of discrimination" with the EEOC. The charge must be filed by mail or in person with a local EEOC office within 180 days from the date of the alleged violation.

For detailed instructions, see this link:
Customer: replied 5 years ago.
I am not sure how this could be discrimination? It is the Co. favoring Supervisor's wife? What does nepotism?
Expert:  Ellen replied 5 years ago.
Nepotism means giving favorable treatment to a relative. It is not against the law for the company to favor the supervisors wife simply because she is married to the supervisor. However if you are over the age of 40 and she is under the age of 40,it could be considered illegal age discrimination
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