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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I work in the state of hospitality organization and

Customer Question

I work in the state of Virginia for a hospitality organization and yesterday was presented with a seperation agreement based on elimination of my position. they let go of 6 managers all together. 3 african americans, one homosexual and the other 2 had been in their positions for less than 6 months. I am a 41 year old african american amle and had been withthe company for 2 years and have no performance or disciplinary sanctions in my file. There are a couple facts thatclead me to belive that the company allows the GM of the property to practice illegal hiring/firing/promotions. I was initially hired for an hourly position yet told during the interview that he was getting rid of the manager above me and I would have his job.I had it in 3 months. He then hired a sales manager that was a personal friend of his, they eat lunch together everyday and are always seen hanging out on the job. He (GM) had mentioned to me and many of our staff that his friend wanted to be in operations. He also then hired, and promoted twice within less than a year his friends girlfriend. She started as a rest supervisor then was promoted to accounting clerk and then accounting manager all within a year. The company handbook states you must be in a position a minimun or 6 months for promotion. They do not hide their relationships (the three of them). She is allowed to be disrespectful and defiant to him in front of staff. It is well known that the GM openly shares his one-sided views on race religion politcs and sexuality. He has also afforded his friend the Sales Manager access to programs and hotel systems that no other Sales Managers had. Involving him in the operations of the hotel as opposed to his depts job descriptions. The GM also has pulled people from other departments to do his friends girlfriends work! he allows her to come in at all hours with no evident set schedule and has nver held her accountable for her actions. I am convinced that their is and was a deliberate plan to remove me and replace me with his friend. 6 days before I was released the GM came to my office and let me know that a sales position that I inquired about was still open and that iwould be interviewing with RVP in about 2 weeks. He then calls me into the meeting yesterday with corporate and says "i found out yesterday that we are eliminating your position" The checks that were given to me had a date of two dadys prior! also on the addendum that they gave me that states the ages of positions kept and eliminated showed a position and age in my dept that never existed until this document. They changed the title of my job from manager to supervisor and had his friends age on the document. i was never told that we had that position nor did i know we were hiring for it. they offered me a very small amount of money to sign the agreement to not pursue legal action. Do i have a case against this ridiculous man and this blind company? there is so much more but i figured this was a start
Submitted: 9 months ago.
Category: Employment Law
Expert:  Samuel II replied 9 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

First let me clarify that Nepotism which is the hiring of family or close friends is not illegal in the private sector and if there is no policy to the contrary then it is not illegal and not actionable.

NOW, if this Nepotism is causing some type of discrimination in hiring practices as due to your race, age, gender, disability or national origin then it could be an EEOC violation. And it appears this may be the case in your situation.

I suggest you will want to file a complaint with the EEOC - but that you also should consider having a local employment attorney review the agreement they are asking you to sign. I suggest you do not sign it without having it fully reviewed.

Can they eliminate a position, yes. But they can't discriminate under the guise of eliminating positions.

Customer: replied 9 months ago.
Can they hire for a position to do my job simply by renaming the position in my dept while I'm still employed knowing my position is being eliminated without notifying me and giving me the chance to apply? According to separation addendum he is already listed on a document that was created prior to my being notified of the positions existence . And without posting said position and giving me the option to apply?
Expert:  Samuel II replied 9 months ago.

That is a corporate loophole. And yes, they can rename a position stating the other is being eliminated. Again, however, they cannot do it because they want to get rid of a person based on their race, age, gender, etc. So you would need to show that it was done this way to hide the discrimination.

As to applying for the position, they should have advertised as per the policy of the company. Many times it is not advertised outside of the company but it should be advertised within the company if the policy is to promote within.

I suggest, again, it appears you have a basis for an EEOC complaint. And I suggest you have a local employment attorney look at the agreement before you waive your rights to file such a complaint.

Expert:  Samuel II replied 9 months ago.

Get copies of any company handbooks with policy and also share that with the local attorney when you go for a consultation. Let them look at the policy and they can determine if the new title is a ruse just to discriminate.

Expert:  Samuel II replied 9 months ago.

You should be able to get a consultation for less than $50 and if the attorney takes the case, it would be on a contingency basis meaning their fee is a percentage of any settlement they garner for you.

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