Employment Law

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I’m not sure if my case is worth Pursuing. I’ve documented…

Customer Question
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I’m not sure if my case is worth Pursuing

Lawyer's Assistant: Have you documented this or discussed it with HR?

I’ve documented the situation and have emails to back things up but the company doesn’t have an official hr department. The owner and the person I have the situation with is their acting he person

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It’s a small family owned company the owner and Vice President are husband and wife

Submitted: 6 months ago.Category: Employment Law
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12/29/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,360
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome. I am sorry to hear about your troubles. Can you explain the situation, as well as what your specific question is? I very much look forward to helping you on this matter.

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Customer reply replied 6 months ago
I was recently promoted to supervisor for the packline department. I was promoted because the previous person, my old boss, was having me do all of his duties for the position but taking the credit. With the promotion, that lead me to be the youngest supervisor, the only black supervisor, and the only female one in the warehouse. From the beginning I had to prove myself twice as much. Every work order I turned in was always questioned, every scheduling decision was questioned, and every decision I made to work out the differences amongst the team was questioned. I've walked in on secret meetings because people didn't want to find a solution to things with me, instead they would wait until I walk out and Trump my decisions instead. I have people going through the files on my computer rather than asking me upfront about things. They claim to be supportive and that they'll back me but when it comes down to actually doing that there was always some excuse as to why things were changed. The previous person that had the position was a male that was Hispanic just like the majority of the people working there and was never questioned. Recently we had a potential recall. Our label receiver person knew we got some bad labels and didn't approve for them to be used. He asked one of our shipping guys to put the cases of bad labels in the hold area but the shipping guy put it on the shelf with our other labels that we use. Once it was thought that they were put in the hold area, they were put into warehouse 1 which is our approved sector of products instead of being put in warehouse 12 which is our sector for products that are never to be used. I had checked syspro, which is the system we use to see what is good to use and what warehouse, to see if it was okay to use the labels. When I checked, the labels were in warehouse 1 so we used them for production. A week after producing the product and two days after shipping it to Washington and Georgia, we noticed that we were having issues with the labels lining up on the product. The roll was taken to our label person when it was noticed that the roll says it was a gluten free product when in actuality it wasn't. That is when it was brought to everyone's attention that those labels were not supposed to be used and that one other product had the same situation. The customer was notified and the products were being arranged for return. At that time, I was notified and shown an email that talked about the label errors that were on them. I was not included in the email nor did I know anything about it prior to the events. We discussed a game plan for how we were going to fix the situation. I listened to the plan and was rolling with it, but I also asked about worse case scenario if things don't get fully completed what are the major priority products. I wanted to know that so we werent over promising and under delivering.We ended up finishing and replacing all of the requested products and the regular shipment of products except for 1 item. That weekend i was supposed to work a 6 day week and have sunday off but i came ans worked sunday to help and make sure we got done ultimately as much as we possibly could. One of the head bosses kim was there and I let him know what the situation was again and he agreed that we can only do what we can. I brought it up in the monday production meeting also so that we would all be on the same page with no surprises. Cary in customer service, the main person who communicates with this customer, agreed as well and everything seemed good. We finished half if not a little less than half of the last requested product. When shipping time came that Wednesday Cary made last minute changes to the shipments as usual so I had to run around changing things up so everything could get turned in. She had an issue with the quantities of the products as if we didn't discuss possible shortages prior to shipping. I addressed it with her but she had an attitude about it it I said we did everything that we could working 7 days a week to get this done in time and the shipment still didn't even go out that day.
Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago

Thank you for the additional information.

Do you have any specific facts which suggest you are being treated unfairly because of your race, or because you are female? (i.e. derogatory comments that have been made about your race) If so, what are those specific facts?

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Customer reply replied 6 months ago
In our production meeting after the incindent, the Vice President came in and said that he knows it was not productions fault and same with the head of operations. He said it was a learning experience and that we need
Customer reply replied 6 months ago
I don’t have a paper trail of facts but I have plenty of people who can attest to it
Customer reply replied 6 months ago
I do have emails to back up my communication about things with them and explaining situations to them
Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago

Thank you, ***** ***** is not quite what I'm asking about. I'm asking if you have any specific reason to believe this is motivated by your RACE. Can you clarify?

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Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago

You mentioned your race and the race of the other employees above, so I'm assuming you believe there to be a race motive. I'm just asking what specific facts make you believe that.

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Customer reply replied 6 months ago
It’s not motivated by my race it’s motivated by my age. Working there I was treated different because of my race but that didn’t motivate my termination
Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago

Thank you.

So in general employers are not required to manage fairly. Employers are only prohibited from being unfair if the reason is a legally protected trait, such as race. Age is a legally protected trait but only if you are OVER 40. The law does not protect against discrimination for being too young, I'm afraid to say. So, if you suspect that you are being treated unfairly because you are young, that would not be illegal despite being highly unfair.

Thus, while I truly wish I could tell you otherwise, you are not describing a situation which suggests that you would typically have any legal claims. This is more a problem of company politics, which can only be resolved on a personal level.

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....

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