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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12945
Experience:  Significant experience in all areas of employment law.
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I am a black female and I have worked for the same company

Customer Question

I am a black female and I have worked for the same company for over 28 years. I started as individual contributor and worked my way up to management. In 2011 I was called into my manager office and told that I was being removed from my position because my job was going in a new direction and she felt I did not have the soft skill for the new direction, even though nothing had been documented in any performance reviews that there any issues; When I went to HR I was told that I did not take responsibility for what was I had done to be demoted. When I stated to the HR manager that I would gladly take responsibility if I knew what I had done. He stated it was my behavior in meetings, .When I brought it to his attention that there was no history of bad behavior in meeting. Although my pay was not cut; I was moved to a role in customer service and I worked there for five years.
Please note no experience in customer service my background is IT. Since that I have applied for numerous roles that I am qualified for, in almost every case the jobs have been given to individuals with less experience/ I feel like the company is blacklisted me and created a perception that will not allow me to get any type of management position within the company. I applied for a position that I previously held and was told by the manager that I would not be considered because I was confrontational. When I asked for specifics by email. I received none. In 2015 I was e assigned an HR rep who is also a black female to try and persuade me to retire from the company and find work else where. When I refused, she found me a position in a different department where I had no experience and was offered no training. This in turn led to me not receiving any type salary increase. I have applied for 5 jobs within the last 2 years and i did not get considered for any of these jobs. This company has totally destroyed my self-esteem. I was not a bad employee but today I got off the phone with a manager who told me I did not have the experience for a role that I had previously done in the group was totally unfair. He had made up his mind without considering my experience or attempting to understand my background. I'm an emotional wreck and this environment is beginning to take a toll on my health but I cannot afford to quit because I am single parent with kids and money has always been tight when you are only source of income so I do not have a lot in my 401K or savings as I trying to put child through college. Do I have any legal recourse
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas; company Texas Insturments
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: 21 years no performance issue and out the blue sudden performance issues with no documentation but since then credibility and reputation have been destroyed; I am given jobs that no up to salary so I do not get raises. Both mentally and physically this is taking a toll on me
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I am very sorry about this. Unfortunately, no law requires employers to be fair or reasonable when it comes to the management of their employees. So, it is perfectly legal for an employer to simply decide not to promote someone based on the belief they do not possess the necessary skills, are confrontational, or whatever else, even if this is completely untrue and undocumented. It is only illegal for an employer to engage in this sort of conduct if their reason is the employee's race, religion, disability or some other legally protected trait. Here, that does not appear to be the case, because although you are African American, so to is the HR rep that attempted to persuade you to resign. You also have not stated any facts which suggest an intent to discriminate against you because of your race.

You would likely need compelling evidence that this all has to do with the fact you are African American in order to have a claim. Otherwise, I'm afraid you work for an employer who is unfair, who has without good reason decided you are not a good fit for advancement within the company, but who is not violating the law.

This sometimes happens, and all an employee can do in that situation is move on to a better job with more potential for growth. Most employees over the course of their career work a job that is a dead end in this respect. Ultimately, you cannot force your employer to promote you or force them to believe you are qualified for a promotion. As unfair as it is, this is just the nature of office politics and the best recourse is usually just to move on.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 month ago.

Are you online with me?

Expert:  Patrick, Esq. replied 1 month ago.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.