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JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11319
Experience:  Government and private sector employment law experience
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I work a week on week off schedule. Live on the vessel when

Resolved Question:

I work a week on week off schedule. Live on the vessel when working. I am currently being threatened with "if your performance doesn't improve you will not be invited back". She calls me lacadaisical. I am popular with all of the crew, except her. In fact I am quite a bit more popular. This is a retribution revenge issue of some sort.
Submitted: 1 year ago.
Category: Employment Law
Expert:  JBaxLaw replied 1 year ago.

EmploymentRightsInfo :

Hello, I am a professional here to assist you. I appreciate your use of this service.

EmploymentRightsInfo :

The law is somewhat complicated as this may involve maritime, state and federal issues.

EmploymentRightsInfo :

But, age discrimination is not permitted. Discrimination based on age or gender can include being singled out.

EmploymentRightsInfo :

Does this occur in Washington state?

EmploymentRightsInfo :

"This" being the discriminatory treatment.

Customer:

Yes. In Washington State.

EmploymentRightsInfo :

To begin someone facing gender discrimination or age, may file a complaint with the EEOC at:

EmploymentRightsInfo :

http://www.eeoc.gov/employees/charge.cfm

EmploymentRightsInfo :

The employee is protected from retaliation for filing such a complaint.

EmploymentRightsInfo :

The EEOC will examine the complaint.

EmploymentRightsInfo :

Several potential outcomes may occur including mediation or you being sent a letter stating that you may file a civil suit.

EmploymentRightsInfo :

This is a prerequisite to pursuing a civil suit against an employer for this type of discrimination.

Customer:

What dollar amount would be punitive if it went to court, and if a judgement is made against the company how do they pay it?

EmploymentRightsInfo :

That is almost impossible to determine. But, a judgement can be satisfied in many ways including by using a lien against property such as a boat or by accessing funds in the business accounts.

Customer:

Is it possible to find out how much cash the company has on hand? It's a privately held company I believe. Maybe a limited partnership.

EmploymentRightsInfo :

Such information can be obtained after one obtains a judgment. There is a process by which a judgment creditor can demand such information in order to locate assets against which to satisfy a judgment.

Customer:

Lets say this never goes to court. I find it hard to believe she will change her methods, we will never have a decent relationship in all liklihood, and once I'm finished (in more ways than one maybe) this season I suspect she will go after the next threat to her security. What then?

EmploymentRightsInfo :

The process would be the same. That would be the EEOC process. Unfortunately, laws prohibiting discrimination are the protection. Where discrimination is not involved, a supervisor is free to be mean.

Customer:

How do you determine discrimination?

Customer:

Is being singled out discrimination?

EmploymentRightsInfo :

An employee need only show they are a member of a protected class and are being treated adversely. The employer must then provide a legal basis for the treatment or perhaps deny adverse treatment entirely.

EmploymentRightsInfo :

Any other questions right now?

Customer:

One last question and so far I've gotten my money's worth. When the EEOC investigates how do they conduct the investigation and how efficient are they? Is the threat of an EEOC investigation sometimes enough to cause a positive reaction from management? Sorry, that's 2 questions.

EmploymentRightsInfo :

An EEOC complaint alone often will cause a change in behavior by an employer.

EmploymentRightsInfo :

As to the EEOC they are a government agency. The timeline can be slow and varies depending on a variety of factors. Weeks or months may be required before a response. The method of investigation varies as well, but typically a response is solicited from the employer. Further investigation and interviews may occur. This really depends if you state there are witnesses or documentation of discrimination.

EmploymentRightsInfo :

Anything else right now? You can always follow-up later after we end the live session.

Customer:

I think just the threat of an investigation and potential suit will cause her to back off. The company was recently sued by an employee and he won $20,000 for loss of hearing. Your final response?

EmploymentRightsInfo :

A complaint and investigation is often enough to change the actions of an employer. As to recoveries, workers compensation due to workplace injury is distinct from this type of matter. The recent action may force the employer to take your complaint more seriously.

EmploymentRightsInfo :

Thank you again.

EmploymentRightsInfo :

Please take a moment to leave a positive service rating. That will end the live session and you can then follow-up here in a non-live format at your leisure.

Customer:

How do I contact you again, I'm very content with your responses.

EmploymentRightsInfo :

You will be able to comeback to this link or start a new post with For EmploymentRightsInfo Only

Customer:

OK. have a good day!

EmploymentRightsInfo :

Good day to you as well

JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11319
Experience: Government and private sector employment law experience
JBaxLaw and 6 other Employment Law Specialists are ready to help you

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