Is this discrimination? I'm tired of crying.... | Arthritis Information

Share
 

I found my perfect job and have been working there since Feb. A new store manager just got hired and things were good at first, but once he learned I am disabled, he made my job a living hell. He had done and said things I know are illegal, but of course made sure there were never any witnesses.  He called me into his office to yell at me for logging on the wrong computer, when the list he made was right in front of mine listing that as the one I was to use. He cut my hours from 26 to 9. I called him to ask why and he said he couldn't talk and slammed the phone down! the next day i went in and asked again on my break and he snottily said he gives hours to his "producing" workers. He is not out on the floor. All the managers I work directly under will verify I am their best producer by far. I love what I do and go way out of my way to help people purchase supplies for their weddings, etc. sometimes doubling or tripling the sale. I always work late afternoons and evenings and he scheduled me for four hours starting at 7am. I asked if I could work an 8 hour day and he barked NO! I told him it was much too early for me for just 4 hours. He asked if I was refusing the shift and I said absolutely. He said well get your own replacement. I told him I already had. It was a lady who was working an 8 hr shift (she always works the 7am one) I told him she agreed to work my first four hours and I would work her last four. He said I don't need you in the afternoon, so don't bother coming in at all, making that a 5 hour work week.

 
I haven't been back and he fired me
 
Unfortunately, my doctors will not back me about working. My rheumy said my health has rapidly deteriorated since starting and he wanted me to quit. My primary said working was not worth risking my health. They don't understand that I loved it! We really need the money and it was fun getting out of the house. I don't know what to do. I just cry. I've lost another 8 lbs in the last week over this, which has hubby really freaked. I've gone from a size 14-16 down to a four and now my 4s are too big...
 
a very, very sad Deb
Deb there has to be someone you can go to at work and report your new manager.  Get your immediate managers to back you with a statement and then take it to the people OVER the store manager.  It is discrimination, harassment, and more.  There is no way he should be able to get away with what he has done.  If you have a union, report him.  There is no way the things he has done are legal, whether there are witnesses or not.Thanks pammy. It is a retail store and he is the top person there. Fortunately it is a chain, so last night I got on the website and fired off a letter to the chain's headquarters. I don't know if anything will come of it, but I felt a bit better doing something. We do not have a union and I have no way to talk to the managers unless I called the store and talked to them. Should I? Jobs here are hard to come by, and these people may be afraid to talk to me for fear of putting their own jobs in jeopardy. I know there are laws against it, but there are laws against what he's done to me and he did it anyway.
 
thank you
deb
so sorry you've been treated taht way, Deb...  He created a hateful workplace for you.. and descriminated.. all wrong.
 
go to EEOC.. http://www.eeoc.gov/   equal opportunity is the law.
 
how to file a claim:  http://www.eeoc.gov/charge/overview_charge_filing.html
 
you don't need witnesses to file a claim...  but you may need them to defend yourself... I believe that you only need to ask your peers to discuss YOUR behaviors at work.. not necessarily his... to show your work ethic and contribution to the business...
 
that man is a tyrant... he'll start on someone else now that you're gone... they always do.
 
I'm sorry.
 
 
Thanks for your response. He has already fired another person after me and I hear the work place enviroment has become very tense and uncomfortable for everyone. So sad...I say make HIS job a living hell. File the claim as instructed by Babs. I like to think a manager like that won't hold his job for long.I agree with Hessalina.  He needs to be stopped and needs to learn a very important lesson.
 
 
owiemom. DO NOT let this go. Go to the website that babs posted and hopefully they have an online process where you can complain. You were clearly discriminated against and actually this was a hostile work environment. Do you live in a right to work state? That may make a difference but the EEOC will help you. I filed a complaint with them back in 82 when my employer fired me for being pregnant (they couldn't have someone working who was a bit sick in the mornings) They went right to work and it was resolved and the employer had to pay me back wages and everything. I didn't go back to work for them as I had delivered by that time and became a stay at home mom. The nice thing about EEOC is you don't have to pay a dime to get this help. Good luck and keep us posted.

The other thing....sounds like he is on a roll so don't let him get away with this...he will just keep doing it over and over. sounds like he is on a power trip.Definitely file an EEOC complaint.  You could set up a few free consults with attorneys as well, who might be willing to help you on a contingency basis, if this goes farther.  However, there is a great emotional toll to taking something all the way to lawsuit and trial.  EEOC is a great first step that is free and much more informal, less stressful.  The fact that you filed will make things change to an extent (to what extent depends on how conscientious the company is).I have no experience or knowledge for what your rights are but I know in my heart you were treated unfairly and I'm sorry you are hurting over it! Hope vindication is yours!A word of advice... whether or not you choose to pursue action against this @ss, you should try to move on and find another job in the meantime.  These issues can take years to resolve.

I "blew the whistle" a few years back against a tyrannical manager (not mine... I just had the misfortune of having to work with this individual on some projects) and I am still catching hell from time to time.  This individual got fired 2 days after I launched my complaint with Corporate, but several local higher-ups got pissed off that I went around them instead of handling things internally.  Thing is... several people had already tried to deal with this issue "internally" but it was always ignored.

It's a sucky situation all around.  Hopefully you can get this individual removed from his current position.  Make sure you take care of yourself first though. Were you there long enough to file for unemployment?  You can get unemployment ESPECIALLY if you were fired for being sick. 
 
Like Jasmine, I would move on because of time involved to settle and toll it will take on your health being around someone like that..
good luck
 
LuAnn :)
If things are the same, there is a deadline that that EEOC works by. The claim has to be settled...it used to by 180 days. May have changed but I do know the operate on a deadline. [QUOTE=lorster]If things are the same, there is a deadline that that EEOC works by. The claim has to be settled...it used to by 180 days. May have changed but I do know the operate on a deadline.[/QUOTE]

I thought the 180 day limit was for the initial filing?  There was a supreme court case recently involving the 180-day limit for filing a claim, I believe.  I've heard of cases dragging on for years.  Of course, maybe those were just the civil lawsuits. 


Back when I worked for big pharma, I dealt with some gender discrimination - specifically due to pregnancy.  I considered filing suit, but I ended up getting a call from a recruiter and taking another job at a consulting firm for almost double the salary (yep, got hired when I was 5 months pregnant)... and my first assignment after my return from maternity leave was right back to the pharma that I had left.  They now had to pay 00/day for my services.

Revenge is sweet! [QUOTE=JasmineRain]
[QUOTE=lorster]If things are the same, there is a deadline that that EEOC works by. The claim has to be settled...it used to by 180 days. May have changed but I do know the operate on a deadline.[/QUOTE]I thought the 180 day limit was for the initial filing?  There was a supreme court case recently involving the 180-day limit for filing a claim, I believe.  I've heard of cases dragging on for years.  Of course, maybe those were just the civil lawsuits.  Back when I worked for big pharma, I dealt with some gender discrimination - specifically due to pregnancy.  I considered filing suit, but I ended up getting a call from a recruiter and taking another job at a consulting firm for almost double the salary (yep, got hired when I was 5 months pregnant)... and my first assignment after my return from maternity leave was right back to the pharma that I had left.  They now had to pay 00/day for my services.Revenge is sweet![/QUOTE]


Awww....Karma!    That is interesting. My suit involved the very hospital I work at now. Back then, I worked in a retirement facility... then went back to school and was hired by them as a nurse in the hospital part of the company. Owiemom, this is so wrong.  It just stinks.  It's obvious you were too good for that position anyway and this may turn out to be a blessing in diguise, especially since your doctors felt it was jeopardizing your health.  By all means, pursue your discrimination action, but move on to another job at a place where they will value your wonderful work ethic.  Define disabled. You mentioned once he found out you were disabled things got bad. You also mentioned being able to handle routine task....so what qualifies as disabled?

I really do understand what you are experiencing because I've been there more than once. It's very painful to work for someone who is abusive. 

My take on this one is to move on. Store managers are notorious for bad judgement. If you can collect unemployment do so. Get back out there and look for another job. I could have easily taken my former employers to court, but it's just not worth it when all is said and done.

That is so sad to hear.  I hope you can find someone to help you.Part of the job entailed me having to drag a giant ladder in and out of the back to get down/put up top stock in the store or get extra merchandise down for customers. It was very large and very heavy! After doing it over and over one 8 hr shift, I could not lift my arms when I woke up the next day, not even a couple of inches. I had to call in sick for two shifts and it was another 4-5 days before I could lift them. When it happened a second time, I had to tell my boss about my illnesses and that is when he got ugly.
 
On a positive note, I'm not sure why I stopped, but today I was driving past a massive hotel that is being built and just had to see inside. I had no business going into such a dangerous mess, but I couldn't help myself.
Hugs to you Owiemom....I have  just read of your situation re your employment and I am totally disgusted!! Here in New Zealand you cannot do that to an employee, you must go through a process of 3 warnings before you can be dimissed. These verbal warnings are  accompanied by letters that explain WHY you are being warned and by trying to correct the problems that an employer/manager believes are occurring. That can mean extra training courses ( paid for by employer) and more time spent with employer/manager/work peers attempting to make YOU more successful at your job. It sounds to me that you are/were totally successful and competent and discrimination sure has happened. Grrrrrrrrr!!!!!
I cant offer advice as I am not familiar with your employment laws but I sure as Hell would fight tooth and nail to get that particular manager fired from HIS job. Im a tit for tat kinda person sometimes...God help me!!
Best of luck with the possibility of this new job, it sounds wonderful!! And how opportune that you stopped to look!
 That doesnt take away the nasty experience you have had tho'. There are some sick sad people in the world and guess what?? It aint us RA'ers!! lolol
 
Take care....Lyn  xxx 
 
 
 
LyndeeNZ2008-07-01 04:53:11That's fantastic news!! That's exactly the type of job you need. Lifting heavy stuff isn't possible for you and (or many of us) it can do a lot of damage.
 
Everything happens for a reason. The good Lord knows what he's doing....even if we don't.
 
Good for you Sweetie. This is fantastic!
The Lord doesn't shut one door without opening another!!!    Sounds like the ideal job,  all the best!Oh that's terrific news!!  I hope things work out for you with the possibility of the new job!Great news.  It's so interesting to see how things work out.  There are opportunities everywhere.  Lindy [QUOTE=pammy416]The Lord doesn't shut one door without opening another!!!    Sounds like the ideal job,  all the best![/QUOTE]

Amen!









[/QUOTE]



In most states they cannot do that either and I'm sure that owiemom could file a complaint and win. I know the rules are a bit different in a right to work state. I hope she pursues this.Why bother? Sounds like the guy did her a favor. If it wasn't for the fact that she was available to take a new job she would have missed the opprotunity to land the new job.
 
Sometimes you just have to cut you losses and move on. I'd consider it a blessing in disguise.

Sue the SOB. There are many laws in the USA about job discrimination. Like you, my sister was one of the top producers in her area in a department store. She was also the oldest person there, made more money than the others becasue she had been there longer, unfortunately the stoe was bought out a chain, two months later she was fired. You can't discriminate against the disabled or the elderly in this country. Put him in his place.

[QUOTE=wendyr]

Sue the SOB. There are many laws in the USA about job discrimination. Like you, my sister was one of the top producers in her area in a department store. She was also the oldest person there, made more money than the others becasue she had been there longer, unfortunately the stoe was bought out a chain, two months later she was fired. You can't discriminate against the disabled or the elderly in this country. Put him in his place.

[/QUOTE]

Legal action can drag on for years, and it can be miserable.  If planning legal action, make sure to give it quite a bit of thought first.  The monetary rewards, if any, are often not worth the months or years of misery.
[QUOTE=lorster]If things are the same, there is a deadline that that EEOC works by. The claim has to be settled...it used to by 180 days. May have changed but I do know the operate on a deadline.[/QUOTE]
 
 
Initial filing has to be done in 180 days.A friend of mine did this and got free legal help
from the collage.If you have a law school nearby you can contact them and they will help
you fill out the paperwork and go to court to represent you( of course with one of their
teachers). 
There you go!! A new job and a new future.  The SOB really did you a favor, but that's no reason to let him off the hook.  The advice to think long and hard about it first is good, but at the very least I'd file a complaint with the company along with a veiled threat to sue them for discrimination if they don't rectify the situation or compensate you in some way.  Companies shake in their boots at discrimination issues and you just might get some satisfaction from them.  It's the least they can do.You have a new job you're excited about. I think you should focus on the opprotunities there and not wrap yourself up in the anger that you felt when you lost the original job.
 
Yes; you were done wrong. It's horrible the way you were treated....but this is an opprotunity for you to start fresh. A big hotel chair has a lot of opprotunitiy for advancement. Focus on that and let that other crap go.
 
You'll be one of the first ones hired at this new job. Pay attention. Learn....advance. Don't waist your life being angry.
 
That's what I'd do.
 
 

Copyright ArthritisInsight.com