Hello:
I will try to assist you. How many employees does your company have? How old are you, what sex, what race, what nationality, what religion? I am asking these questions because in order to claim discrimination, you need to be in a "protected class" of people, and these are some protected classes. What reason do you have to believe you are being discriminated against?
jogoesq.
40, Female, Asian, Catholic. # of Employees 26 as of August 1, 2008.
When you say that "the policy states we cannot borrow time," which "policy" are you talking about? Does the employer have an employee handbook or personnel practices handbook?
jogoesq
Policy is actually the employee handbook.
Additional Info: So you know the history. FYI, before going on vacation, my boss wanted me to sign a document regarding my performance which I consulted with our corporate counsel and gave him a copy. He instructed me not to sign anything that I am not in agreement with. In other words, my boss wants to set me up for termination if I don't perform withing the next 90 days for example. Up to this day, I have not read this document.
If the policy says that you cannot borrow time, then the employer has the right to enforce that policy, even if he has never enforced it before.
How has your job performance been so far? have you received any evaluations? If so, have they been favorable or unfavorable?
90 Day performance is favorable which we both signed. This new document that he wants me to sign is stating to do list which a one person could not barely finish when he was out of the office. I was not informed when he went on vacation that I will be penalized if I don't finish.
Also, When I sign offer letter, my boss promised me to give me a raise after 60 days but did not concur when it was time instead he stated my performance. It was impossible for me to perform what level he wants me to be in because I had to finish other goals.
My mistake was accepting his offer rather than the other two offers that I had at the time.
You could sue for hostile work environment and discrimination, since you are in 4 different protected categories. However, you first have to file a complaint with the EEOC, for which there is no charge. The EEOC will send your complaint to your employer for its position statement. If the employer tries to take adverse action against you for doing this, you would have a claim of retaliation to add. Once the employer writes the position statement, you can write a rebuttal if you wish to. After that, the EEOC will investigate and try to resolve the matter. If it cannot do so, it will issue a right to sue letter, and you will be able to sue your employer in Federal Court.
hope this answers your question.
Lawyer
17 years' experience fighting for the rights of employees in varied matters
You could mention it if you file the EEOC complaint. Even though what you are seeking is prohibited by company policy, you can say that the company's habit of making exceptions to this policy created in you an expectation that an exception would also be made for you. This is part of the hostile work environment/discrimination claim.
Hope this helps.