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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Employment Law
Satisfied Customers: 2871
Experience:  30 years of experience
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Got Someone working years in an insurance company

Customer Question

First if this is not confidential then lets stop here.
A woman is an insurance adjuster. She has one of the very top ratings in her region for satisfactorily closing claims cases. She trains other adjusters for her company and trains other company adjusters in other offices in the use of their computer systems. None of this nets any extra pay as they are considered as flat rate pay. She was promoted to senior level adjuster. There was no fan fare, not even announced to the other divisions. However, 2 men were promoted with much announcement and fanfare. The problem is her boss. If the least little thing goes wrong he tends to scream, cuss, bully and once called her a fat ass. None of the male adjusters have to tolerate this treatment. He is hard on them but doesn't treat them the same way, probably afraid he'd get his head knocked off. Question:
1. can the boss actually treat an employee this way
2. is there any way of stopping this without having to lose her job.
Sounds like sexual discrimination to me but not sure.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Gerald-Esquire replied 1 year ago.
Hello:I am afraid that any postongs here are not confidential and are publicly posted. If you want this post removed you need to contact customer service.Nor can I provide direct legal advice. I can however provide information to assist you in regard to your questions.This site does offer alternative telephone conversations. They are an additional service and there is an additional cost.Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.
Customer: replied 1 year ago.
Okay. Post if you will but attempt to answer my question. Thank you.
Customer: replied 1 year ago.
Are you looking into an answer or have we been disconnected?
Expert:  Gerald-Esquire replied 1 year ago.
Hello,
Thank you for your decision to go forward with your question. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience including extensive experience in employment relations. I hope to provide you information that will help you in resolving your question.
I understand your anxiety regarding your situation, and there are no guarantees that your employer will not react negatively toward in regard to steps that you might take to protect yourself. However, you do have protections under the law and there are steps that you can take.
First, you are correct, the conduct that your boss is engaging in is a violation of the anti-discrimination laws both federally and in Arkansas. His use of language can be said to be creating what is called under the law a "Hostile Work Environment."
The first step in protecting yourself is to notify your Human Resources Director of the conduct that you have been subjected to. You should do this in writing as well as in person. You should be as specific as you can in regard to language and conduct, as well as specific in regard to dates to the degree that you can.
Make sure you keep a copy of the letter and take notes as to the meeting you have with HR. Be clear that you enjoy working for the company and that you intend to stay. Also be clear that you are aware of your rights and that if necessary you will pursue them.
Understand that there will be a little time for them to make the necessary corrective actions vis-a-vis your boss. Keep a diary of what transpires and how things improve or not.
If you do not see positive corrective action towards you you will need to proceed to stage two. This is to file a complaint with the EEOC:
Discrimination/Harassment - Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Little Rock Area Office *****
Suite 200
Little Rock, AR 72201
Phone:(###) ###-####
TTY:(###) ###-####
Once you bring the situation to the attention of HR and/or file the complaint you are also protected from retaliatory behavior by your employer.
This does not mean that your employer will not further violate the law by firing you, but it does mean that you will be in a position to claim both actual and punitive damages for the unlawful conduct.
You should note that Arkansas is an employment at will state. This means that your employer does not need a reason to terminate your employment. But if the termination is found to be based on unlawful grounds, you are entitled to compensation.
Lastly, you may wish to consult with local counsel. Most attorneys who do this work will meet with you for an initial assessment of your case for little or no cost. The following site may be helpful to you in finding counsel:
http://lawyers.findlaw.com/lawyer/practicestate/discrimination/arkansas
This article may also be helpful to you:
http://www.nolo.com/legal-encyclopedia/arkansas-employment-discrimination-31712.html
I am sorry that you are facing this situation. I know it is emotionally draining and frustrating when you are doing a good job in a position you like and the environment ruins it.
There are no guarantees as to this process. My experience indicates that most people who dig in and fight for themselves often feel better and stronger for having done so even when things did not turn out well.
I sincerely ***** ***** works out for you.
I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.
Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.
If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.
Good luck.
Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.
Expert:  Gerald-Esquire replied 1 year ago.
Hello:
I am sorry for the delay. I do not type as quickly as I use to. Old fingers and old eyes.
Good luck to you.
Kind regards,
Gerald
(Please do not forget to rate me. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)
Customer: replied 1 year ago.
With this information I can at least point her in direction to investigate. Thank you.
Expert:  Gerald-Esquire replied 1 year ago.
You are welcome.
If you have further questions please do not hesitate to ask.
Kind regards,
Gerald
Please do not forget to rate me. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.

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