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Recent Title VII questions

I've worked at my organization (a non-profit in Leawood, KS)

I've worked at my organization (a non-profit in Leawood, KS) for almost 10 years. The past few years, one employee (a partner in another division with which I have worked closely) has become increasingly difficult to the point of verbally attacking people during meetings. I have seen a few of these outbursts, heard about countless others, and was finally the target of one a few months ago. After the encounter, I informed my supervisors of the incident and went to HR. HR talked to the other employee, who said she would apologize- but then never did (and continued to act erratically/unprofessionally). I decided to remove myself from the line of fire and excused myself from meetings where she was present (lest I be the target of one of her attacks again). I initially had the support of my supervisors in this, but now my boss's manager wants me to "give it another shot." The very thought of being in the same room as that woman makes my blood pressure skyrocket and gives me anxiety. I've never been treated that way in my 10 years here, nor have I had such a visceral reaction to the thought of working so closely with someone again. Normally I'm a "grin and bear it" type, but this different. I feel I should not have to deal with such an unstable employee with an HR record a mile long. I'm curious though, what actual legal grounds do I have to withdraw myself from a hostile work environment? And to demand my supervisor's support?

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ScottyMacEsq

Doctoral Degree

23,798 satisfied customers
Want to know if my issues at work are consider harassment.I

want to know if my issues at work are consider harassment.I have worked for my company for over 10 years now. I was moved to a new store in April of 2016,I have always received good evaluations up until I came to this store.It wasn't until I complained to my District Manager Debi Reed and called the regional HR office on 7/20/16 (which has yet to return my phone call or contact me) with concerns I had regarding a comment ***** ***** said at our WIG meeting on 7/18/16. My commitment that week was to sweep the floor in the fitting rooms. At the WIG meeting we were going over what worked and what didn't work. I said to the group I was amazed at how much hair was on the floor every time I swept the floor in the fitting rooms. ***** ***** started to pull at her hair and said to Jaime and me, “let's face it the hair is from your kind of people. We don't shed unless we have a weave. A few weeks later I was then written up for under-performing, which is when I started to worry about my situation. I talked with my District Manager Debi Reed and Pat was made to apologize to me. A week before our Holiday party, I walked into the back room to put away empty boxes and get more merchandise. Pat and Jaime were talking, but as soon as I enter the room they stopped talking, giving me the feeling I was the subject..I have overheard these Mangers talking about associates inappropriately,mockingly.to the point of making fun of them.On Black Friday, Pat was told that our store might be visited by our new RVP Cindy E. We were at the front of the store looking out onto the parking lot when Christina asked what she looks like. Pat said “she is tall, a little on the heavy side; well you know she is like your kind of people.” I could not believe she said it again, even after she was made to apologize to me. Knowing how that phase upsets me.JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: I am so stressed out over this that my blood pressure is now on the high side. The effect this is having on me is too much to handle. I am going to seek counseling. It is making me physical sick. I was happier driving 3 hrs one way to go to work. I am having trouble sleeping. This has tostop. It is not only effecting my work it is effecting my home life and well beingJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I live in CAJA: Is the employment agreement "at will," union, full time or part time?Customer: at willJA: Anything else you want the lawyer to know before I connect you?Customer: there is more to it but to much for this forum

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,978 satisfied customers
My position in a company I have worked for nearly 14 years

My position in a company I have worked for nearly 14 years reorganized the dept. We were allowed to interview for the "new" positions which werected basically our current role split into two jobs. All new people placed are under 40, and some do not meet basic job description. What is needed to prove age discriminationJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Fl..also have never received any job performance issues, and annual reviews have been above lever or at the highest levelJA: Is the employment agreement "at will," union, full time or part time?Customer: I'm exempt manager, full time at will. Work from home, Corp office in Bethesda, mdJA: Anything else you want the lawyer to know before I connect you?Customer: No, we had team of 8, many in company 30 years, in position over 12. Replaced by 20-30 yrs Olds. Many we hired (job is University Recruiting) no job performance issues at ally, in fact newly created program is tripling results this year

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ScottyMacEsq

Doctoral Degree

23,798 satisfied customers
I was hired by Lombardi caterers as a salaried employee, I

I was hired by Lombardi caterers as a salaried employee , I am 59 years old working sometimes 14 hour shifts without a break which caused me get run down and get sick , when i miss a day from being sick he would cut my pay. after a month he called me into his office and told me that he feels at my age i can not keep up with the pace and stating that his payroll is too high. I told him who can work like that working those hours without a break. His reply was its only going to get worse. He then said he made a decision that he was moving me to another location where it would be easier and cut my salary by 30,000 a year. I was hired at 90,000 as a manager. I feel I have discriminated against because of my age. Please advise

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ScottyMacEsq

Doctoral Degree

23,798 satisfied customers
I am an employer in California. An employee was hired to

Hi, I am an employer in California. An employee was hired to work Wed and Sundays. They have been working these two shifts for 6 month. I just received an email from the employee saying they can no longer work Sundays because they have to go to church. Can an employee do that?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: at will, no union, and part time. They only work 8 hours a week.JA: Anything else you want the lawyer to know before I connect you?Customer: No

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Ely

Counselor at Law

Juris Doctor

67,258 satisfied customers
Since June of 2016, I have undergone extreme mental anguish

Since June of 2016, I have undergone extreme mental anguish and exhaustive depression caused by Dr. Rev Hillstrom's actions and unfair appraisal, and by his embarrassing and unauthorized distribution of shaming personal information to the entire equity department staff. He wrongfully breached my privacy, and was negligent and acted in violation of my rights.His lack of knowledge about the job description, culturally incompetence, inability to follow equity director and/or supervisor's protocols, and retaliatory demeanor, all have caused me traumatic and devastating consequences during the past three months. After six years of providing unmatched services to the demands of school staff, students, parents and families across the entire school district, and meeting all standards from my three previous supervisors, I cannot accept Dr. Rev Hillstrom's negative and erroneously derogatory appraisal, after knowing me just a year.

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248 satisfied customers
I have been working for wellstar health system for 26

I have been working for wellstar health system for 26 years.as a tractor trailer delivery driver. management has made it known they want to replace all of us with younger drivers. we have allready lost 2 with 2 more retireing because they have been making life bad on us. for example doing counciling forms in our records for anything they can find. they have done this in the last few weeks with the remaining drivers. yesterday was my turn. they wrote me up for not delivering the correct product to a doctors clinic according to a medical assistant oho called. i informed them they got the exact amount they were supposed to get did they not check?they admitted they had not. i told them they needed to check into somthing before they put negative paper in an employees permanant record. they also started a shift rotation to make things worse. since they made it known that their goal was to replace older drivers with bigger saleries with younger ones do i have any recourse.JA: What state is this in? And how old is the mobile home?Customer: got a question from another potential client. my question was about wellstar health pushing older employees out.JA: Has anything been filed or reported?Customer: two drivers have made complaints with human resourses so they are aware. have not gotten any response from them. called again last night could only leave message.JA: Anything else you want the lawyer to know before I connect you?Customer: no.

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ScottyMacEsq

Doctoral Degree

23,798 satisfied customers
I work in Native or Indian gaming. I am a 65 year old female

I work in Native or Indian gaming. I am a 65 year old female Caucasian. My current salary is approximately $80k .My direct report , a Caucasian male, 8 years my junior has started calling me condescending and defensive. Note: he believes they are both have the same meaning. He has basically called me a liar twice , just recently he was proven wrong about the first occasion. He recently told me " don't talk about your experience, no one wants to hear it." Then this, "you think you are smarter than the rest of us and better than the rest of us" it's ongoing.This started two years ago.

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Ely

Counselor at Law

Juris Doctor

67,258 satisfied customers
I am biracial (half Caucasian half Korean) and I was passed

I am biracial (half Caucasian half Korean) and I was passed over for a promotion at work by a less qualified Caucasian. Would I qualify under title VII as a protected class if i filed a race discrimination complaint with the eeoc?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: missouriJA: Is the employment agreement "at will," union, full time or part time?Customer: at willJA: Anything else you want the lawyer to know before I connect you?Customer: she lied on her resume and application about her experience and my employer changed the minimum requirements for the job so that she could apply for the position

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Asad Rahman

Attorney

J.D.

4,196 satisfied customers
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