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I have a discrimination case against my job and I feel like

have been misled by my...
I have a discrimination case against my job and I feel like have been misled by my managers.the g.m. of the hotel promised me a different position to not presue it's going on two months now and still nothing
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Answered in 3 minutes by:
6/15/2013
Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
Verified
Thank you for your question. Please permit me to assist you with your concerns.

Did you still contact HR and formally record this complaint, or did the manager ask you to not file a grievance outside the company?
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Customer reply replied 4 years ago

No I didn't contact my HR since were union I contacted them and told them of the situation. My union had to fight with managers of the hotel to get the reverse of the suspension and the hotel refused at first until I went to the labor department and file a complaint stated discrimination and that when I got reversal of the suspension. The g.m. which is the general manager of the hotel promise me a different position if I was to drop the complaint. I never drop the complaint against the hotel I had a withdrawal of the complaint stated that it was the hotel fault a few months ago I was called to the manager office to ask why did I mention to an other manager why did he discrimination against me

Thank you for your follow-up, Kevin.

I am a bit confused here. You were offered a transfer to a different position if you drop the complaint. You never dropped the complaint, you just withdrew it, which is is somewhat different. Since you never dropped the complaint, why are you expecting a transfer?
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Customer reply replied 4 years ago

Because the management of the hotel believe i had drop complaint

Kevin,

My apologies but it does not quite work that way. To have the employer actually perform what they promised, you have to perform what you promised. An employer can demand a formal document under which you state that the complaint was dropped and you in return can demand a document from them with assurances that they will transfer you to a different position once that complaint is indeed dropped. But you cannot expect them to comply with your demands based on deception--you are not entitled to the transfer because you didn't perform what you both set out to do. Holding them responsible when you didn't fulfill the contract is not actionable since to get the transfer you actually have to perform the action, not just make them believe that you did so.

Good luck.

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Customer reply replied 4 years ago

I see what you're saying, next time speak to an attorney first if it happens again thank you

Kevin,

Exactly right, and next time create a paper trail (go to your union and ensure that this complaint is formally listed). Any deviation from the agreement, either on your end or theirs, can potentially keep the other person from completing their agreement. So in this case get their promises in writing (and also make sure to perform what they requested as well).

Hope that helps and please be well. If satisfied please do not forget to positively rate my answers to you so I may obtain credit. Thank you!

Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
Verified
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Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41,221
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Experience: I provide employment and discrimination law advice in my own practice.

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