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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15276
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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i was recently demoted due to failure of passing a certificate

Resolved Question:

i was recently demoted due to failure of passing a certificate test within a given time frame. there are many factors leading up to this situation, but now that im still working for the same company i am trying to advance because the opportunity has come, i was able to pass the test in the mean time, but the supervisor and director do not want to allow it do to the personal feelings they have against me. i only say that because i have been told that it was personal, i did speak with my supervisor and he said that its not my work ethics is me. i want to quit because there is no room for advancement because of their personal feelings but i also want to file some type of harassment/discrimination/grievance, help please
Submitted: 9 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 9 months ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

Do you feel your race, age, gender is the reason for the negative actions against you

Customer:

no, i feel they jus dont like me. like its a power trip

Customer:

i work in a lab, and the doctors have told me that if the director allows me to advance it will set a bad example

wallstreetfighter :

do you have a contract?

Customer:

yea, but it ended when i failed the test

Customer:

do i have to pay extra for chatting with you on this thing

wallstreetfighter :

In this type of case, the law in Hawaii will not help you, under State law, an employer can terminate or deny promotions to any employee, unless they violate the employees civil rights,

wallstreetfighter :

or violate a Union or contractual agreement,

wallstreetfighter :

You will not be charged extra,

Customer:

ok

wallstreetfighter :

Also,

Customer:

so even if he personally does not like me, its oka

Customer:

okay

wallstreetfighter :

if you had a contract or the employer has a written policy about promotions,

Customer:

i see

wallstreetfighter :

and they violated it, you could have a breach of contract suit,

wallstreetfighter :

but not a discrimination suit

Customer:

i feel that there is no room for advance so i was going to look for another job and then file grievance upon leaving

Customer:

they been short staffed due to all this mess, and he was trying to bring in a temp hire, but was denied because i am certified now

Customer:

and because he does not want to hire me as a certified tech the whole team is suffering, so are the patients and doctors because the work is coming out late

wallstreetfighter :

You should consider filing a grievance now, before you leave, and see if they take any action,

wallstreetfighter :

if you leave, under the law, you would be denied unemployment benefits,

Customer:

ok

Customer:

but idk how to write one

wallstreetfighter :

so you should try to settle this matter while employed,

Customer:

do you think he would make it worse for me at work

wallstreetfighter :

no, if you have already decided to leave, it can only help, as they may reconsider their demotion,

Customer:

i didnt tell anyone i was leaving because i did not find another job yet, but if i cant go up the ladder i might as well try somewhere else

Customer:

i want to so bad

Customer:

my supervisor has be doing all the heavy lifting and stuff, and he thinks its funny when im slammed with work

wallstreetfighter :

You should send the letter to HR now, and state to them you feel that they have created a toxic work environment by there actions,

Customer:

ok

wallstreetfighter :

and that if they do not remedy the environment you will have no other option but to quit, and pursue all legal options

Customer:

im jus afraid of more ill treatment

wallstreetfighter :

if they do that, you can complain again, and consider suing them for a constructive discharge, which is when an employee is forced to quit, due to the employer creating such a toxic work environment

Customer:

after being demoted, they cut my pay changed my shift i lost differential and they make me do all the heavy lifting and the supervisors response is we are short staffed

Customer:

we are short staffed and i have to do it

Customer:

at this point the grievance would be the first best step, you think

Customer:

but im afraid if i do end up leaving how am i to get another job, what if no one hires me cause of this

wallstreetfighter :

that is a problem, you may want to wait to send any letters until you find a new position, if you feel they will make it hard for you to find another position

Customer:

thats what i figured, i been looking for another job ever since i was demoted, its been so hard. doctors have been trying to get me back as a certified tech since i passed, but nothing

Customer:

one past employee filed grievance against my supervisor for unfair evaluations and she won

Customer:

it was in the 90's

wallstreetfighter :

You can consider similar action as well,

wallstreetfighter :

however, I would hire an attorney to send the grievance and complaint,

wallstreetfighter :

so they know to take it seriously,

Customer:

ok

Customer:

does that type of work cost a lot

Customer:

its been hard since the demotion

Customer:

i been demoted since nov last year

Customer:

i had to refinance everything, its driving me nuts

Customer:

i work two other jobs now

wallstreetfighter :

I would consider looking at a legalshield plan, they provide free legal letters for clients and charge $25-$50 per month, and you can cancel anytime

Customer:

ok

Customer:

are they good, do you think they would be good enough

Customer:

in general

wallstreetfighter :

yes, they are fine, and many times they are a large law firm

Customer:

would it be good to have the doctors and fellow employees submit statements and stuff or be willing to speak on my behalf

wallstreetfighter :

yes, but not at this time,

Customer:

ok when the time comes

wallstreetfighter :

you can ask them for references,

wallstreetfighter :

and have them write a letter to support you, so you can use it later

Customer:

ask them to be a reference like in a resume

wallstreetfighter :

yes

Customer:

and that gives right to be contacted

wallstreetfighter :

or have them provide you a written letter

wallstreetfighter :

yes

Customer:

about what they know about the situation

wallstreetfighter :

yes

Customer:

ok, i guess my next step is to start looking for a leagl shield

Customer:

and they cannot demote me any more, cut my pay, or fire me when i file this grievance

Customer:

correct?

wallstreetfighter :

LegalShield.com

wallstreetfighter :

they could as Hawaii is an at will state,

wallstreetfighter :

there is nothing you can do to stop them from taking such action,

Customer:

wow. that sucks

wallstreetfighter :

if they want to

wallstreetfighter :

unless you can claim this is discrimination based on your gender, race, age etc.

Customer:

how is that fair in any justice system

Customer:

im a girl and i do all the heavy lifting, and the supervisor doesnt make the men do it

Customer:

because i have to do it cause we are short staffed

wallstreetfighter :

You may have a gender discrimination case,

wallstreetfighter :

and if you file a civil rights complaint,

Customer:

i dont know if it will be strong enough

wallstreetfighter :

you would be given retaliation protection,

wallstreetfighter :

it does not have to be strong, but it gives you some leverage,

wallstreetfighter :

Discrimination/Harassment - State Agency


Hawai'i Civil Rights Commission
830 Punchbowl Street, Room 411
Honolulu, HI 96813
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>E-Mail: info@hicrc.org
Web Address: http://hawaii.gov/labor/hcrc


Agency Description/Mission: HRCR's mission is to eliminate discrimination by protecting civil rights and promoting diversity through enforcement of anti-discrimination laws and education.


For more information, see our page on filing a discrimination complaint: Hawai'i


Discrimination/Harassment - Local Offices of Federal Agency (EEOC)


Equal Employment Opportunity Commission (EEOC)
Honolulu Local Office
300 Ala Moana Boulevard, Room 7123-A
P.O. Box 50082
Honolulu, HINNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

wallstreetfighter :

you can file it yourself, and then submit a letter,

wallstreetfighter :

they would then be limited in their rights to retaliate against you

Customer:

if i had guts do you think i should do both

wallstreetfighter :

yes,

Customer:

i mean they dont like me already

Customer:

nothing to lose i guess

wallstreetfighter :

yes, but it could force them to reconsider the demotion

Customer:

and that would be good, right?

Customer:

or not?

wallstreetfighter :

it would be good for you, at this point you have few other options,

Customer:

what is achievable through grievance?

Customer:

will they have to change

Customer:

can they be fired

Customer:

are you there

wallstreetfighter :

yes, you can be fired, however if you file a civil rights complaint,

wallstreetfighter :

the law prohibits them from terminating you

Customer:

civil rights is discrimination?

Customer:

ok, well thanks for you help. i pray that god is on my side. have a good day.

wallstreetfighter :

yes,

wallstreetfighter :

Gender discrimination,

Customer:

ok

Customer:

i will try, and do the gender one first then do the grievance

wallstreetfighter :

Yes, that would force them to take your seriously,

wallstreetfighter :

and prohibit them from retaliating against you,

Customer:

ok.

Customer:

ok

wallstreetfighter :

good luck, and if you have any further questions please do not hesitate to ask.

Customer:

i will try

Customer:

ok

Customer:

thanks again

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

Customer:

ok

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15276
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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