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HI, Do I have a case? I put a bid in for a promotion the last day before the deadline. I turned the job bid form into my HR manager, whom I've had serious problems with since the store opened nearly a year ago. I've talked with her and told her how she is treating me is inappropriate and it got worse. I talked to my direct supervisor about the problem, he said he would take care of it and it got worse. I had a sit down with my supervisor, the HR manager, myself and the GM, the GM said he would take care of it, the open aggression stopped. All of this has taken place over 10 months. Like I said, I turned the job bid and waited to hear when my interview would be. Four days went by and finally a manager came to me asking when it was I really turned the job bid in. I told him it was the last day the job was to be posted and asked if the position was still available. He told me yes and said that I will have my interview when my GM gets back from vacation. He took vacation two days after the the job posting closed out. I found out that my HR manager put aside my bid for the promotion until the last hour my GM was in the store before taking vacation. She is saying that she just found it on her desk (two days after I placed it in her mail box). I checked before I left that day to see if it had been picked up, and it was. Her mailbox was empty when I left that day. The job has been filled by the HR's brother, (yes her brother). He has been with the company the exacted amount of time I've been. He has no previous management experience but I have more then 10 years experience. I also have a perfect employee record, no counsels and no write ups. I never got the interview. My LP manager viewed the video and it clearly shows me filing out the job bid form and then taking it upstairs and placing it in the HR's mailbox. Also I found out that not only did the HR manager lie and hide my bid for the job in order to get her brother the promotion but my GM is also related to both of them.
State/Country relating to Question: Virginia
Thank you for using JustAnswer! I am sorry to learn of your circumstances. When you ask if you have a case, what do you mean by that?
Well, I've been talking with my LP manager and she suggested that I file a complaint with the EEOC.
Do you have a written employment agreement or contract with your employer?
No only a employee hand book that outlines policy and procedures
What would be your basis for filing a claim with the EEOC?
Color, I am white she is black. I told her in May that an employee the night before was very short with me and caused a seen in front of other employees. Her response was to ask me "so it was a typical black girl attitude" I asked her to repeat herself and she changed the subject. I did not find that funny at all. Also in the 10 months the store has been open every new hire has been black with the only exception being 2 whites out of at least 20 new hires. I count only 18 white employees out of about 50. My assistant a few months ago put in a bid to cross train in the HR office and that job bid form also went missing. The job went to one of my black co workers
Thank you. From those facts, yes, you can file a complaint with the EEOC. From the other facts you described, no, you do not have a basis to file a complaint with the EEOC or file a lawsuit for lack of consideration from probation. When you file a complaint with the EEOC, you have to be very clear that X action occur BECAUSE OF race. You have to make it a clear hook. It can't just involve people of different races -- you have to show them that certain acts occurred BECAUSE OF the race element. Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
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