Question: I cannot file ULP under terms RLA (there is no self-help) Gov agency (e.g. EEOC) must file. The SOL for RLA charge is 6 months. When does SOL clock start: When alleged violation occurred or when charge is filed with Gov agency or when Gov agency files RLA charge? I am confused, thanks for your help. The following is summary of what happened (constructive discharge backfired). Thanks for your help. 1. Union files grievance on my behalf regarding constructive discharge 2. Company's reply to grievance is 2 days tardy (I should have been reinstated) (a.) Grievance was filed on my behalf and I tech had no access to see actual reply (b.) I was informed by union that reply was timely and not decided in my favor 3. Approx 7 months later I found out that the grievance was tardy (a.) I advised Co and union of my findings (which in my view was essentially retaliation) (b.) Same day I advised... pressured, I settled primary agreement and ADEA (c.) Primary settlement contained release for whistleblower, race discrimination, etc. 4. I withdrew ADEA in that it had 7 days after signing before it was final 5. Whistleblower, race discrimination, etc., has been release under primary settlement 6. Within scope of ADEA (that I withdrew) I have since filed claim with EEOC against (a.) Co. for ADEA age protected class retaliatory act concealing fact (see 3 above) (b.) Union for its role in concealing fact w/Co. (i.e. retaliation) The Co. has been working aggressively to get settlement. I would have signed but settlement contains protections for Union. Is not indirect financial benefit from a Co. to benefit Union ULP? My attorney seems driven to get settlement now, he does not get 1/3 in that I brokered financial consideration before hiring him. Settlement now means sources avoid EEOC investigation and thus impending ULP charges. That in mind I question whether my attorney, who is very edger, to get settlement is getting kickback to get settlement. The Co. has given me deadline to sign, help I am confused.
Is the company I am working for not converting me but others due to race? Discrimination Employment Work Back-story: I have been working as a IT Support Admin through a staffing agency for the last year. My contract stated six month to hire but every time I ask about conversion: I am given two reasons (budgeting and certain skills). I have sense made a major improvement in my skills, taken an online class and have gone above and beyond what has been asked of me. One of my counterparts in a different location has been working for the company in shorter time and has been converted. We have since changed Team Leaders and no one will sit down and give me a proper evaluation. I have to always ask for an evaluation and seems to be more headache than what it is worth. I recently wrote a long letter to my team leader asking for feedback and congratulating him on the promotion. When asked about it: he said that he hasn't had a chance to digest everything and would get back to me. This company and my desire to become full time has become an obsession and is causing me great emotional distress and mental anguish. I suffer from depression and because I feel that the staff agency has not been an advocate for me: I have decided to file a compliant with HR. I have not filled out the entire form yet because I wanted to get the advice from an attorney first. Every time I speak with the account manager of the account, their feedback from the client that it is either budgeting ordeal and nothing is wrong with my work. Yet, when I speak with my Team Lead, certain things that are holding me back in terms of things/training that can make me worker. Since our last discussion, I feel that I have gone above and beyond what my expectations are and therefore I deserve the spot as a converted FTE. One attorney from another Q&A site stated that it could be that the company is not entirely happy with my work ethic: yet if that is the case then why not just fire me? Would it not be easier to just get rid of me as a contractor? Even if they did, they would be short handed and thus take another month to hire and fire more resources. I have spoken with my account manager for the agency and they have done nothing to in terms of being an advocate. I feel this is due to race because my counterparts/co-workers are either White or Hispanic and they have been converted. Nothing has been done on either end and it is taking a toll on my marriage, health and overall well being. I know that there are laws that protect from disabilities such as FMLA and Short Term Disability and I cannot afford to lose my job, so I am wondering what can be done at this point. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.