http://www.undercoverlawyer.com/forum/ Where Employees Find Help for Hostile Bosses en Sat, 07 Nov 2009 17:06:18 +0000 http://www.undercoverlawyer.com/forum/topic.php?id=1295#post-11512 Sat, 07 Nov 2009 08:17:11 +0000 littlelulu 11512@http://www.undercoverlawyer.com/forum/ <p>Welcome to the forum, Headache.</p> <p>OnYourSides comment about management ALWAYS given the benefit of doubt is SO true. Management where I used to work are ALWAYS believed, even when more than one person coroborates what is going on. A very FLAWED system, to be sure, and one that is going to get the state of Washington sued for not only me but a former co-worker that is now in the process of being fired just because my ex-sup doesn't like him, either. And I worked in a very small office in a small community for the largest state agency in Washington(less than 25 people). So HOW can upper management JUSTIFY to state office that there really is truth behind firing two tenured workers that is going to cost the state MILLIONS of dollars to resolve?? </p> http://www.undercoverlawyer.com/forum/topic.php?id=1295#post-11511 Sat, 07 Nov 2009 05:54:07 +0000 OnYourSide 11511@http://www.undercoverlawyer.com/forum/ <p>Hi, Headache -<br /> Because the person in the position of power is ALWAYS given the benefit of the doubt. That's just the way it is. </p> <p>If this person is truly a problem, she must be pulling the same kind of stuff on all the other folks who work under her. So why don't you form a coalition and go to the plant manager to complain about the way she treats people? </p> <p>Just like the person in the power position always being given the benefit of the doubt, there's power in numbers, and the plant manager will have a difficult time writing off a complaint about this person's behavior if 5 or 6 or 8 or 10 or 15 of you show up in his office together to voice a complaint together. </p> <p>And if you get "in trouble" - punished in any way for approaching the plant manager with your complaints - you can mention to him that taking any action against you for doing so is against the National Labor Relations Act, whether you're in a labor union or not. Almost ALL employees are covered by the NLRA's provision that says you are free to discuss the terms and conditions of your employment - it's called "concerted activities". </p> http://www.undercoverlawyer.com/forum/topic.php?id=1271#post-11510 Fri, 06 Nov 2009 23:22:52 +0000 littlelulu 11510@http://www.undercoverlawyer.com/forum/ <p>OMG - you are SURROUNDED by crazy, mean, vile dispatchers aren't you??? Just try to keep your wits about you and try to hold your tongue. I know that what you want to do is tell them off in no uncertain terms but you just need to hold it together so you don't affect your lawsuit. I say this because I have a 2nd step grievance meeting on Monday morning that is going to be a TOTAL WASTE OF TIME and then my unemployment appeal hearing with my attorney in the afternoon (it was rescheduled from today to Monday as my attorney got called into court on the trial he has been involved with for the past several weeks) and I am in a really pissy fed up mood. I already warned the union rep that he will probably have to kick and elbow me for the ENTIRE grievance meeting because I am tired of getting shit on...... </p> http://www.undercoverlawyer.com/forum/topic.php?id=1226&page=3#post-11509 Fri, 06 Nov 2009 23:17:10 +0000 littlelulu 11509@http://www.undercoverlawyer.com/forum/ <p>That is exactly why documenting everything, doing as much as you can by email so you have proof of what has transpired and keeping ALL verification in a safe place away from the job site is SOOO important because that is what is going to safe your butt. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1295#post-11508 Fri, 06 Nov 2009 20:43:15 +0000 HEADACHE 11508@http://www.undercoverlawyer.com/forum/ <p>I work for a textile company which seems to be doing well considering. I work out on the floor under what we call a resource instead of supervisor. She is hot headed and cannot control her temper. This has been ongoing for years. To make a long story short, I recently had a comment with her about it not being fair that overtime people working my normal process and me having to go to another area to work. Well the next day I was taken to the office and sent home for challenging her and refusing to do a job. I did not refuse to do a job, I just stated that it wasn't fair. I was told that the decision was a hard one to make considering it was a he said she said. But overall they had decided to send my home. I feel that this decision was made before I even got to tell my side of the story considering my plant manager stated that "we" he and my resource made that decision-which was not made while I was in the meeting. I lost hours of work and felt as though I was not trust worthy of my side of the story. Why is it that she seems to get away with everything. I made a comment and was sent home for refusal. She gets to "go off" and we have to take it because he never sees our side of things. Which happens to be the truth. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1271#post-11507 Fri, 06 Nov 2009 20:38:57 +0000 lecky 11507@http://www.undercoverlawyer.com/forum/ <p>Hi, this is the new dispatcher, not the one who dosent answer my calls, but get this, the new dispatcher who i had the incident the other night post count 405 wrote a letter to my supervisor repeating the words i said to her that night, she says that i said i had a bad day and that i cant wait to leave this job and that im looking, and that she ask me to ask the machanic to see if he could fix the truck and i said i dont want to talk to the machanic and she said why and i said i have my reasons, but i really dont have any issues with the guy, i dont care for him , so she says if you dont want to do your job go home and gets up , and thats when i said,i thought your told the mechanic ,so she says if you dont want to do your job go home again , i no ill write the note and put it in the mechanics mail box,by this time shes yelling and i said why are you talking to me, and she says im not in the mood for anybodies b.s. and i say as she is walking away into the garage, you dont have any right talking to me that way, and she says i was following her as i was talking to her ,i only went to the garage door to point out thats where the mechanics mail box isand to let her know she has no right talking to me that way, so i was even more honest with the supervisor,he says to me that he sees a change in me that im like jekel and hyde,and i said ok, this is the reason for that, and its because im seeing a REMD therapist for my post tramatic stress disorder,and that im very raw,as in vonerable,well he listened, and from what i got from him he understands, he goes over the letter a few times, and i contine to tell him i had a bad day and i didnt want to talk to any one that night and just wanted to go home, so he says this will be in my folder and that he will chalk it up to being a bad day ,o he also wanted to rule out race, i said no way , why would he say that, did she say something or was it him saying that who knows at this point,any way i said all i was doing was excercising my freedom of speech when i walked in the office to give her my paper work,yea i could have been coperative with her and gone over to talk to the mechanic but i didnt , and thats when she went bannas,i ask the supervisor is that letter gonns hurt my reference, and he said no ,but if the new employer asks , something why was he fired, they might say he was not up to our standards,but you make your own jugdement. he may be good for you, and said why do you have to keep this in my folder he said as a paper trail,i said i worry about that i have a family and for future reference, he said that im not gonna hurt any body, he said that he wasnt gonna make any suggestions concerning this letter, but in the future if any thing else arises, they will start looking at suspensions or terminations, i may have a new job offer next week but i feel that i want to wright a complaint letter about her, but fear other retailiation, come refference time, im glad i was honest with the supervisor it puts me in a protected class, but i dont want to leave on a bad note, i even said i would leave on good terms , i said that cause im getting ready to leave, he said something like what goes around comes around a little healthy fear i say. whats my best exit, dont forget i have this law suit pending that i have to give a depostion, so im trying to be tackfull. what do you think. thanks </p> http://www.undercoverlawyer.com/forum/topic.php?id=1226&page=3#post-11506 Fri, 06 Nov 2009 20:09:10 +0000 msliberated 11506@http://www.undercoverlawyer.com/forum/ <p>I hear you whonme, but it's very impt. that we as victims of workplce violence learn to recognize that we need to be very vigilant. For example little papers where I write my schedule for the week which I usually discard when the week ends, now after all the crap I have to go through with management I kept every one of them(following my instinct) Guess what!?-the very same little pieces of paper save me from their attempt to write me up on attendane variance.......go figure! They just don't know how to stop. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1226&page=3#post-11505 Fri, 06 Nov 2009 19:38:40 +0000 whonme 11505@http://www.undercoverlawyer.com/forum/ <p>Problem is, when you're doing your job, some things seem perfectly innocent; then they come back to bite you in the butt, hard! SO, you end up documenting every little miniscule thing, which then, in turn, makes your work flow suffer, so then you're kind of darned if you do and darned if you don't.</p> <p>It blows!!!</p> <p>- Who - N - Me - </p> http://www.undercoverlawyer.com/forum/topic.php?id=1227&page=3#post-11504 Fri, 06 Nov 2009 18:06:26 +0000 mountainbiker 11504@http://www.undercoverlawyer.com/forum/ <p>SleeplessCop<br /> Thanks for explaining the mediation process.Sure.Now I understand that there will not any fact-finding missions or arguments of my case.Seems like mediation is just to close the case at the easiest way possible.</p> <p>I think my employer may do like you say - basically deny everything. Thats what they have been doing since day 1. However I work in an industry where reputation is very very important for the company.So they hate when people threaten to take them to court.However I am prepared to sue if needed.Already talked to a lawyer but I will see how mediation goes first. </p> <p>I printed a copy of the "How to value your case" article. It is very useful.Now I am working on calculating a settlement figure.One for still working there but in a different department and the other if they want to go for separation.</p> <p>MS<br /> I plan to take my spouse with me to the mediation.I will present them a number and see what they say. My case has merits since three times my boss threatened my job in less than 2 years, told that English communication needs to improved when nobody had told me that before (I went to grad school here and originally from another country), lied so many times I stopped counting, etc. So HR knows this but they just thought somehow I will go away.</p> <p>I will give them a hard time until they agree to my demands since I went thru so much crap.</p> <p>I will post an update when I receive the formal charge from EEOC. Thanks a lot for your advice.</p> <p>-MB </p> http://www.undercoverlawyer.com/forum/topic.php?id=1153&page=2#post-11503 Fri, 06 Nov 2009 16:16:07 +0000 OnYourSide 11503@http://www.undercoverlawyer.com/forum/ <p>Well, since you're a salaried/exempt employee, they had NO BUSINESS deducting those missed days from your paycheck in the first place, as long as you only missed partial weeks and not full weeks. (29CFR541.602 – Wage and Hour Regulations defining Salary basis for Exempt employees)</p> <p>So when you called that fact to their attention, they checked with their attorney, who told them - Yes, that's true - they cannot deduct money from an exempt employee's paycheck for missed days except in certain very limited situations, but they CAN treat missed time as a disciplinary issue. The key here is that they have to actually have an ATTENDANCE POLICY in place BEFORE they can hold you accountable for it. </p> <p>So - what's happened is this:<br /> 1) They did something illegal (deducted pay from an exempt employee).<br /> 2) You called them on it.<br /> 3) They gave the money back as the law required. (This is called the "Safe Harbor")<br /> 4) Now they're RETALIATING AGAINST YOU by issuing this phony disciplinary action based on the non-existent Attendance Policy. </p> <p>So - your next move should be to contact your local Wage and Hour Division office and file a complaint against your employer for retaliating against you for complaining about their illegal practice (deducting pay from an exempt employee – you) by then writing you up on a disciplinary notice using a non-existent policy.</p> <p>Here’s the exact wording from the Department of Labor’s Employment Law Guide on the Fair Labor Standards Act:<br /> It is a violation of the Act to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under the Act.<br /> Employees may find out how to file a complaint by contacting the local Wage and Hour Division office, or by calling the program's toll-free help line at 1-866-4USWAGE (1-866-487-9243). In addition, an employee may file a private suit, generally for the previous two years of back pay (three years in the case of a willful violation) and an equal amount as liquidated damages, plus attorney's fees and court costs. </p> <p>Then they’ll probably retaliate against you AGAIN for filing a complaint against them with the DOL W&#38;H Division – they’ll fire you, and you can then sue the pants off them. (Of course, you won’t have a job, but what the heck – who wants to work for a bunch of unethical cheaters anyway?) </p> http://www.undercoverlawyer.com/forum/topic.php?id=1153&page=2#post-11502 Fri, 06 Nov 2009 11:31:09 +0000 bleeb 11502@http://www.undercoverlawyer.com/forum/ <p>So I received my check and they paid me for the 6 days that I was absent taking care of my kids, which I said I would take unpaid. What's with that? </p> http://www.undercoverlawyer.com/forum/topic.php?id=1293#post-11501 Thu, 05 Nov 2009 22:42:57 +0000 Punch 11501@http://www.undercoverlawyer.com/forum/ <p>Thanks for the info. Good to know. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1294#post-11500 Thu, 05 Nov 2009 21:41:30 +0000 littlelulu 11500@http://www.undercoverlawyer.com/forum/ <p>Welcome to the forum, gastankertrucker. </p> <p>My dad used to drive truck and I learned to drive from him. There are too many truckers, especially longhaulers, on the road that have no business doing the job because they are high on uppers or are are lacking sleep or ?? Thank Goodness YOU have a CONSCIENCE and care about being on the road. Too bad your employer doesn't share this with you. Your employer put EVERYONE'S safety BEHIND their profits...... </p> http://www.undercoverlawyer.com/forum/topic.php?id=1271#post-11499 Thu, 05 Nov 2009 21:37:16 +0000 littlelulu 11499@http://www.undercoverlawyer.com/forum/ <p>Oh, the poor baby. She admits to you she has these *problems*. Well, as far as I am concerned, since she KNOWS she has these *problems*, then she'd better figure out a way to FIX THEM because what she is doing to you is WRONG. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1290#post-11498 Thu, 05 Nov 2009 21:34:26 +0000 littlelulu 11498@http://www.undercoverlawyer.com/forum/ <p>Everything regards workplace harassment, discrimination, retaliation and BULLYING is EXTREMELY frustrating...........I am just glad we have Curt and this group for moral support and guidance....... </p> http://www.undercoverlawyer.com/forum/topic.php?id=1137&page=8#post-11497 Thu, 05 Nov 2009 20:43:38 +0000 msliberated 11497@http://www.undercoverlawyer.com/forum/ <p>BUT.....You are sooooo ready for whatever comes your way Miss kendred (smile)<br /> You have learned RESISTANCE! &lt;&lt;&lt;&lt;virtual high five&gt;&gt;&gt;&gt;&gt; </p> http://www.undercoverlawyer.com/forum/topic.php?id=1226&page=3#post-11496 Thu, 05 Nov 2009 19:46:58 +0000 msliberated 11496@http://www.undercoverlawyer.com/forum/ <p>Trisha this is when documenting everything comes very handy: dated, who, what where, why, and whom.....this is what HR's in my side of the war zone loathe about me. I asked for a copy of everything and I always end each conversation with " I have all this written in my journal of ##### would you like a copy of the details, I will be more than happy to bring you one" You see, you will be totally wasting your breath and strenght by getting pissed, you're passed that stage now!!! Don't let them see you overcome with emotions. Show them your best poker face. Make them think and believe you have no idea what they're up to........you'll see it's very therapeutic. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1294#post-11495 Thu, 05 Nov 2009 19:20:56 +0000 msliberated 11495@http://www.undercoverlawyer.com/forum/ <p>gastankertrucker, welcome to our forum and thank you for posting and pointing out how important it is to learn the law.<br /> When I started experiencing harassment and descrimination from my boss I sat in the dark corner of my bedroom and thought that there must be something out there.....some laws, however, wherever, that will help me cope. I started searching and I stumbled in to this forum! OH what a blessing!!!!! I'm a firm believer on this qoute "There is no such thing as problems, only solutions waiting to be found"(smile)<br /> KNOWLEDGE IS RESISTANCE!!!!!!! </p> http://www.undercoverlawyer.com/forum/topic.php?id=1226&page=3#post-11494 Thu, 05 Nov 2009 19:03:58 +0000 Trisha 11494@http://www.undercoverlawyer.com/forum/ <p>I'm desperately trying to hang in there. Tough today. The dept head is gone on vacation. The Manager is in charge. Drama queen decides she is just going to leave for the afternoon, no one knows that she is off. Anyway, the Manager is the King of micromanagement. Remeber I said all emails go through him first, he answers them and then dictates to us through email, ccing everyone, on what to do. Not only that but he has his admin going through our work and checking it. Well. today there was an issue. Instead of coming to us to ask us about it, she ran to him. Well, Mr drama manager, storms by my door, and saids in his condecending tone, into P's office, we need to talk, turns out I didn't log someone into our database because I was told the other worker wasn't to be added.(by her) This was a while back, I had done the documentation for her though and was putting it in the books. Miss admin says, I'm not trying to get anyone into trouble" I'm thinking yeah right.. Of course the other worker says, I did mine it's up to Trisha to do hers." When I confronted her and said " You were the one who said you weren't to be put in the database. "She said no I didn't" OMG.. I was pissed. I am so fed up with this stuff. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1137&page=8#post-11493 Thu, 05 Nov 2009 17:35:35 +0000 kendred 11493@http://www.undercoverlawyer.com/forum/ <p>Well thank you all for the support,</p> <p>I hope everyone is right about having a boss thats not into all that nonsense but your right OnYourSide thanks to you, a lot of stress has been lifted off my shoulders now that DCofBM has finally left me alone on this(FMLA)issue. But I'm sure this is not the end, HE will come after me for something else, I just hope it won't be too soon at least I'm keeping the FAITH as msliberated said. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1294#post-11492 Thu, 05 Nov 2009 16:21:16 +0000 OnYourSide 11492@http://www.undercoverlawyer.com/forum/ <p>Good luck to you, trucker - it's too bad your employer decided to step outside the law and do that to you. And you're absolutely right - every employee should know which laws protect their specific job, so if/when those rights are violated, they know it and know how to stand up for themselves. We'll be interested to hear how it turns out for you. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1291#post-11491 Thu, 05 Nov 2009 15:22:04 +0000 Python 11491@http://www.undercoverlawyer.com/forum/ <p>sleeplessCOP-You cost me a lot of money today in printing your posts! Very helpfull. Thanks!!! </p> http://www.undercoverlawyer.com/forum/topic.php?id=1294#post-11490 Thu, 05 Nov 2009 14:59:51 +0000 gastankertrucker 11490@http://www.undercoverlawyer.com/forum/ <p>Let me start by saying that I drive down the road with 80,000 pounds and 9200 gal. of gasoline.Would you not want someone like me to place myself out of service to keep yourself and the general public safe from injury or death? This is what I did due to an hurting neck after completeing 3 out of 4 loads. Which under Dept. of Trans. regulations for ill drivers I can place myself out of service for safety. And also under the Surface Transport Agreement Act. set by OSHA which states that I was not allowed to be terminated for following this regulation.But my ex-employer thought other wise and fired me anyway the next day. I have filed a complaint with OSHA for my job back with back pay. which is now in the works. Unemployment filed too. I guess my point for placeing this is. you must know your rights in what ever job you do, Take the time to research your situation and what may be done about it. keep ya posted. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1271#post-11489 Thu, 05 Nov 2009 08:37:21 +0000 msliberated 11489@http://www.undercoverlawyer.com/forum/ <p>Lecky, the tape is good for proving what a bitch she is! If the big boss is smart he/she will take this as an insight on how she perform her duty as a dispatcher and how she treats co-workers as well. It will not be admissable in any litigations/court hearings. Judge will throw it off the case.<br /> No, you were not out of line.....you just had enough with her b.s.! You make sure you tell them that this is not the first time that she did the yelling and babbling which is very unprofessional that's why you decided to record it. Well, let me add that you did a good job of antagonizing her. She is very short tempered and to me you push the exact button. Just think of it as your strategy of proving yourself to the BOSS. Lecky,I hope this will work best in your situation......be relieved from a bulleying dispatcher:):):) </p> http://www.undercoverlawyer.com/forum/topic.php?id=1227&page=3#post-11488 Thu, 05 Nov 2009 08:10:39 +0000 msliberated 11488@http://www.undercoverlawyer.com/forum/ <p>MB-I will also add that the Mediator's goal is to settle the case for his merits. It has nothing to do with you getting the justice you deserve. Even if you will have all the evidence, the mediator will not allow you nor will require you to present it. In fact in durng my Mediation the lawyer which my employer sent to represent the company was allowed present rebuttal against the biggest issue of my complaint. I honestly went there for experience. Not to discourage you, but it was very disappointing and a mockery. I went alone snd did not settle at all. My take on it is to be able to drag it also for as long as they(EEOC)can, watch and see the GIANT squirm(if possible) and so far things are FAIRLY working my way(smile)<br /> But your case may/or will be different. I was going for my rights, not only for me, for others as well.....and I am still employed. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1227&page=3#post-11487 Thu, 05 Nov 2009 06:46:28 +0000 sleeplessCOP 11487@http://www.undercoverlawyer.com/forum/ <p>Well MB, not really .... mediation does not care and is not about presenting and arguing your case evidence.</p> <p>The mediator may give each side a few minutes to present their position - but it will not be like winning your case in a court hearing - the mediator is ONLY interested in what it will take for you to get what you want ..... so they can draw up a settlement statement and close/dismiss your case. The employer may not be willing to give you much if anything - basically daring you to hire a lawyer and sue them in court -</p> <p>From my own and experiences of others on the Forum - the employer across the table from you will deny everything and state that you do not have a valid claim or case against them - </p> <p>You will will then split up into separate rooms and the mediator will start by asking you what can the employer agree to give you so that you would settle and dismiss your case -</p> <p>Then the mediator will take that proposal to them in the other room - then keep shuttling back and forth with your demands and their counter-offers ....</p> <p>hang in there and keep us posted .... s'Cop </p> http://www.undercoverlawyer.com/forum/topic.php?id=1271#post-11486 Thu, 05 Nov 2009 05:25:41 +0000 lecky 11486@http://www.undercoverlawyer.com/forum/ <p>Hi,yesterday ,i called the other dispatcher,it was evening, this is the evening dispacher, she ok ,but she has issues, she flyes off the handle very quickly, anyway yesterday with this daylight savings time i wasnt having a good day driving in the dark ,three different road blocks, cranky clients,at one point during the night i called the dispacher to tell that the lift that lifts up the clients was not fully in safe working order and that it is a saftey issue,she said ok i let them or the machanic know so they dont let the truck go out in the morning, i said ok thanks,at the end of my shift i go into to the office and give her my paper work, and i say boy i had i misarable day with the truck and the road blocks and cranky patiants,she said sam is in the garage go tell him about the the truck to see if he can fix it,i said i dont want to talk to sam, she said why not, i said i have my reasons, i really dont have any reasons,i dont care for the guy, but i just wanted to go home,i had enough, os she starts to raise her voice so i put the recorder on and we go at it , she says its not my responsablity its yours and if dont want to due your job go home ill tell him and come in at 12 oclock tomorrow,i said i thought you were gonna tell him , she said i was gonns leave a note for the other dispatcher and tell her not to send the truck out, i said ok i write it up and put it in the machanics mail box,she is yelling and no i go you go home, i said why are you talking to me like that, she says im not in the mood to hear any bodies b.s. if you dont want to do your job go home i said i cant the note and put it in the machanics mail box, and i said as she is walking away, you dont have anyright to talk to me like that, i can put the letter in the mail box and left while she was still babaling, i have it on tape, i dont know what there gonna say today.was i out of line.thanks </p> http://www.undercoverlawyer.com/forum/topic.php?id=1227&page=3#post-11485 Thu, 05 Nov 2009 03:07:53 +0000 mountainbiker 11485@http://www.undercoverlawyer.com/forum/ <p>Thanks sleeplessCOP.</p> <p>Here is the update on my case.Yesterday I had a half hour telephone interview by the EEOC.</p> <p>The lady basically went thru some of the main items in my charge and got more details from me.I had mentioned the protected classes as race and sex. She said it could be national origin too since I am from another country. SO she marked that national origin category also. She asked why I thought it was racial and sex discrimination when I did not get a raise and a bonus. I explained to her that all the others in my team are Caucasian females and my boss likes them. I told her that he treats me differently than them.</p> <p>Then she asked if all of the department/company workers got raise this year.I said as far I know everyone did. In my team at least I know everyone got the company wide raise of at least 3%. She asked about the bonus. Asked what was the condition to get the bonus - like sales goals,profits, etc. I told her that rules for bonus is very generic and broad based. Nothing is clearly defined in the company policy. Every 6 months the manager gets to "nominate" someone for this bonus and they get it. Then she said it is highly subjective then. I said yes and he prefers my female co-workers for this. It is a huge amount since it is 15% one's annual pay.I said so far 3 times he did not nominate me and every time he gave it to his favored workers. She then asked for the month and names of those women who got it. </p> <p>As a side note on this:<br /> When they introduced this bonus program everyone in my company thought it will be abused since there was no rules to prevent favoritism. Exactly thats what is happening and managers are using it as a carrot to keep their pets happy. Whenever I asked who got it, he told "I can't say that.That is confidential..". So my boss thought he could play this game and screw me each time. He even sent me an email saying that it was "strictly on merit" but never said what merit meant.Officially HR says that they can't reveal who gets it each time since it is related to salary and that information is confidential.I think this is just BS. So its like my boss feels that he has the perfect cover to continue discriminating against me and get away with it.Almost like a perfect crime. </p> <p>She was kinda interested on more details when I told her that I worked there as a contractor for nearly 1.5 hours and no problems on performance was mentioned.In fact I was hired as a full-time employee since I was so good.Then once became FTE everything started going bad according to my boss. She asked if I worked for the same boss and which company I worked for at that time. </p> <p>Then she asked about the retaliation letter I sent and I gave her the details. She was surprised that I had no work allocated for next year when other have.Told me that if this retaliation continues that I should her directly and they will take care of things.</p> <p>Finally she said she will type up the formal charge and mail it to me in the next few days for me sign and send it back.Once that happens, they will send the charge to the company and ask if they want to participate in mediation.She said I have to be very patient since this process may take 6+ months from now.But said she highly recommends it since it is very effective.</p> <p>There some things we did not get to discuss since she asked me specific questions. Some of them are me not getting a promotion (related to my performance issue which is in the formal charge),my English communication skills, etc. They were mentioned in the documents I submitted to them. But I guess thats ok since all these can be brought up in the mediation right?</p> <p>Let us see how it goes from here. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1290#post-11484 Wed, 04 Nov 2009 22:26:41 +0000 rick919 11484@http://www.undercoverlawyer.com/forum/ <p>I appreciate your responses and your support. I am takeing one step at a time but it is very frustrateing. I am hopefull things will work out. I sincerely hope you individual situations get Better!</p> <p> Thank you,</p> <p> Rick </p> http://www.undercoverlawyer.com/forum/topic.php?id=1226&page=3#post-11483 Wed, 04 Nov 2009 22:18:07 +0000 OnYourSide 11483@http://www.undercoverlawyer.com/forum/ <p>There's not much you CAN do, Trisha - except wait for the hammer to drop - and unfortunately, it probably will as soon as they don't NEED you anymore. But you can be ready for it, and when it happens, you'll be entitled to collect Unemployment. If you quit, you'll have a VERY hard time getting Unemployment - so DON'T QUIT, no matter what. Make the bastards fire you. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1137&page=8#post-11482 Wed, 04 Nov 2009 22:09:34 +0000 OnYourSide 11482@http://www.undercoverlawyer.com/forum/ <p>Good going, kendred - let's keep our fingers crossed that you don't get a NEW DCofBM who's just as bad. But if you do, you know how to deal with him - or her. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1137&page=8#post-11481 Wed, 04 Nov 2009 21:43:04 +0000 msliberated 11481@http://www.undercoverlawyer.com/forum/ <p>Opps....I'm talking about the situation in my own workplace. Maybe all you need is DCofBM to be gone out of the picture..... </p> http://www.undercoverlawyer.com/forum/topic.php?id=1137&page=8#post-11480 Wed, 04 Nov 2009 21:37:53 +0000 msliberated 11480@http://www.undercoverlawyer.com/forum/ <p>Let's think positive. Who knows maybe that is all what that workplace need....to rid of a DCofBM.....and all the stinkin' crap will retire/rest with him.<br /> Kendred, sometimes all we need to do is .....to have FAITH.</p> <p>I am basing my 2-cents opinion from how things become so peaceful as soon as the big Boss goes on vacation.....I am convince that they(big Bosses) are the ones who pushes the button of the chieftains to rule like the nazi's and make it appear like they are the innocent ones!!!!!!.....NO KNOWLEDGE WHATSOEVER!!!! BULL#####. They are in fact the BRAIN of all the CRAP. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1226&page=3#post-11479 Wed, 04 Nov 2009 20:17:07 +0000 Trisha 11479@http://www.undercoverlawyer.com/forum/ <p>On Your Side: My gut instinct is yours. He really is not being sincere. I more then likely will get kicked to the curb. My head is not in the sand. I just don't know what to do? How do I handle this? If I file for FMLA, I most definitely will be fired. I can't go to HR. I know quitting is a cop out. I know the economy is bad. Down deep, I am really afraid to take some type of action. I'm scared that it will effect my ability to get a position elsewhere. I know they will lie or do whatever it takes to maintain their innocence. HR and the Dept head are tight. They go for lunch together.The Manager is always hanging out at HR. Drama Queen is tight with the Manager. The other ones have their noses so far up their ###ts, since they are afraid they will be targeted also. There are people outside of our dept that will defend me. I have even been told that "that dept has always been that way" "and more then likely they will be the ones who will always be guaranteed their positions." How do you fight this and win? Why is this crap being allowed to happen in companies? Why is it the ones who work the hardest, attempt to get along with others get kicked the hardest? After going through all of this, I feel like there is something wrong with me. I took this position, motivated, willing to do whatever it took to succeed and now I literally feel sick every time I have to take that drive in to work.<br /> He didn't take my resignation letter, so more then likely once the drama queen returns from her surgery, they will be picking again and looking for reasons to run me off. I hope you understand why I said, either way ( meaning quitting or getting fired) really isn't going to make that much of a difference. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1137&page=8#post-11478 Wed, 04 Nov 2009 19:23:56 +0000 littlelulu 11478@http://www.undercoverlawyer.com/forum/ <p>At least DCofBM is retiring. Lets hope that there is some justice in the world and they WON'T promote one of the other assholes at your place of employment!!! </p>