http://www.undercoverlawyer.com/forum/ Where Employees Find Help for Hostile Bosses en Fri, 20 Nov 2009 23:54:45 +0000 http://www.undercoverlawyer.com/forum/topic.php?id=1310#post-11688 Wed, 18 Nov 2009 12:54:23 +0000 Nickeli54 11688@http://www.undercoverlawyer.com/forum/ <p>I am New at this so bear with me, I am a retail asst. manager (Male) for a major retailer. I have been with the company 4yrs hired into my current position. The first month went well with my boss and then started to realize there was a real divide in the store amongst the 50 employees. This manager routinely called people out in front of other associates and belittled them in front of their peers. I immediately called H.R. becasue at our level I had never witnessed this type of behavoir before from a manager that makes this kind of money. I figured when you are a professional at this level there is a certain understanding of your position and character you have in dealing with such situations. A week later a back door was left unlocked overnight, the next morning I done a walk through with the store detective and we found this door unlocked. When I communicated this to the boss she immediately said I was wrong and that it was locked (She worked the night before), she said this in front of the detective and I again was shocked as was he(She takes no accountability). I just wanted to set the tone of who I am dealing with, there were other items I will not go into that she denied she did after this incident also, she does not take accountability for anything she does. Over the last 9 months there has been a sharp decline in communication amongst the 3 member management team. (1 GM, 2 Asst) I received a developmental plan that was saying I did not do many items on my job description, this was not true because I was trained that many of the items that are under me are shared, like hiring, training, orientations, scheduling, Audits, etc... So in essence I was blasted for items I did not have full control of and never communicated that I even should. So then early summer around fathers day she started making the management team stay later in the day to have meetings and get some things done that were on her list of things to do, later and later she made us stay. (Salary!!!) We are salaried!! I asked her to remanage time so we could get home to our families and she said well then get the things done so you can go. The lists and requests would grow after this to include things associates should be doing in a retalitation of asking her to watch our hours, so we had to stay even longer. Next I find out she asks a Detective to watch me in the store at night to see what I am doing ( not his job), He did not feel comfortable and called H.R. They did nothing about this, Next I find out she is asking the other manager to lie to me about little things around the office, about our weekly budgeted dollars and new procedures for doing things, keeping me out of the loop on purpose. This will later come back and bite me for not following the procedures!! Makes me look bad! Then I find out an Hourly associate has been asked to watch me for the manager and has since gotten around the store that she is having associates watch me, totally breaking down the respect of the management team and undermining any forward progress in the process. When I try to discuss anything important with the manager like last weeks schedule and the new procedures for scheduling, she changed the schedule to reflect what she wanted. I walked into the office and caught her changing the schedule that I had wrote and she said I was doing it wrong, I immediately requested our big boss to get on the phone for clarification so going forward we are on the same page. She did not want to but I insisted because another situation I would have been held accountable for something not being done the right way. Once the Boss got on the phone she explained the way I wrote the schedule it was the correct way and it should be changed back. Once off the phone she was mad, threw a pen on the desk and walked out of the office. 2 days later I came to work and that evening I was about to go home and she pulled me into the office and had a list of items to go over with me as a formal discusion of job performance. This was a clear retaliation from the two days prior, the items discussed majority I have not been communicated and I have not had any opportunity to exclusivly execute because they have been shared responsibilities for the last 3.5 yrs. I am at my wits end and have talked to the boss today up above for the 3rd time about these same issues and not sure if this company understands what is going on, Should I get documents signed by employees saying they have been asked to watch me? What can I do about these situations, I feel my life is being ruined and she is the driving force behind this and my family does not deserve this, Sorry so long but this in itself helped me, What are suggestions??? </p> http://www.undercoverlawyer.com/forum/topic.php?id=1312#post-11728 Fri, 20 Nov 2009 11:04:48 +0000 tamaanna 11728@http://www.undercoverlawyer.com/forum/ <p>Hello all<br /> This is my first post.<br /> My husband is working in a company of about 500 employees. My husband has an excellent review in terms of his performance (we have waited for his last review before retaliating) . His boss is very bully. Now he started to retaliate her bullying habit. She(boss) in return has become more hostile. My husband complained to CEO about this. But this CEO has no spines to stand up against the unjust. (CEO is very good friend of my husbands boss). He is like take it and sallow it. This lady has ruined our mental health.<br /> Please guide what will the best option to proceed ahead. Is it worth to sue to my husbands boss or just go ahead and start searching some other opportunity.</p> <p>P.S -- His group has very high attrition rate. Further 2 employees has sued her in past and 4 of them complained to HR in a period of 2.5 yrs. HR is expert on helping his boss to throw the employee out by giving warning form time to time. Both his boss and HR starts documenting false things and asks other colleagues to lie, so that they can justify that the employee is not productive &#38; poor performer. We are very well aware of her habit and steps that she follows if any one asks for justice. Also all the employee in his group are made to work about 11-12 hrs a day without any overtime. </p> <p>I would really appreciate any input </p> http://www.undercoverlawyer.com/forum/topic.php?id=1315#post-11741 Fri, 20 Nov 2009 15:11:03 +0000 cmullen2059 11741@http://www.undercoverlawyer.com/forum/ <p>Hi everyone<br /> I have been on my job for 5 yrs. Kept trying to move and over a bad boss, and couldn’t So I tried looking for jobs outside the company, had some really good jobs and potential pay. Howeverrrrrrrr...... I didnt get them, after I spoke in length with one of the supervisors she practically hired me on the spot then told me she would have to check with my last employer. (I shrank in my seat) I am 50 excellent worker reliable and trustworthy some (ER's) just dont like you for whatever reason, and it can ruin your life, stress you out. Of course, I did not get the job, so I hired a legitimate reference company to call and find out what information they give. After 1 week of they received no response back from H.R. another 4 days go by, no response back, so I called the Reference co. had them on hold forwarded it to my immediate supervisor which she did not give any info, then she transferred it to H.R. No extra info just basics.<br /> But the point is they may not say anything bad or unlawful, they just dont respond. I called back the supervisor I was interviewing with and she told me that after the 2 phone call to H.R. or if they really want you to work there its 3 calls after that no response is considered a negative remark against you.<br /> that to me is just as bad not answering at all.</p> <p>:( </p> http://www.undercoverlawyer.com/forum/topic.php?id=1306#post-11661 Mon, 16 Nov 2009 22:11:16 +0000 Senchi 11661@http://www.undercoverlawyer.com/forum/ <p>You people are amazing ♫ ♪♫<br /> I am sooo happy and certain that you would be able to help me...I've been reading all of the posts, comments, my e-mailed lessons-just everything from this website for couple of days. By reading your posts I recognized that all of our bullies are so alike. They've never meet, never will yet looks like we all are having one person on mind.<br /> There are so much I have to share with you!! I don't even know where to start, how to give you the best picture of my horible situation at work. I am all in tears--Oh God, I need help don't I?<br /> Please forgive me, but I will have to talk to you tomorrow. Thank you.<br /> Regards,<br /> Senchi </p> http://www.undercoverlawyer.com/forum/topic.php?id=1314#post-11736 Fri, 20 Nov 2009 14:47:10 +0000 cmullen2059 11736@http://www.undercoverlawyer.com/forum/ <p>I have a law suit i just filed about 9 months ago, due to a FMLA &#38; W.C. injury. I have been with the company for 5 yrs with great references. I had bilateral carpal tunnel, due to typing 8 hrs a day sitting in a call center, with only short breaks and lunch, over 375 phone calls a day divided between 4 people and 30 seconds to wrap up before receiving another, I was in so much pain, stress, my doctor took me off for 30 days FMLA, during which I found out I had carpal sever tunnel shoulder, and neck pain that lead to migraines. ( I know I’m typing now) After I returned I work 4 hours a day. My boss (and her immediate clan) dumped more work, with heavier responsibilities and repercussions if I made a mistake, wrote me up for extensive absentees, gave me a poor evaluation performance, based on false records which I have the correct ones, So I did some work and found out I had 5 absentees during the whole year even w/ w.c. injury, and I had access to records of other peoples absentees I collected the data and found that people she associated with had from 7 to 13 absentees and never been written up. I have those figures for my lawyer. + Many more retaliatory actions and harassments, which I have excellent records.<br /> After my w.c. settlement QME doctor and my dr. said I was not to return to the same type of work. Now they cant (wont) accommodate me, &#38; my edd is based on the 4 hours a day, my credit is shot, we almost lost our home 2 months late going on 3 before they let me pull out my 401K. It will take a long time to regain back my credit, and with this market find a job. I am writing because my attorney wants a quick settlement, and doesn't think I'll get damages or penalties she said the law is NOT on the employees side anymore. Basically telling me I don’t have a strong enough case. I believe I do<br /> Can someone advise me on how non accommodation (not fired) harassment &#38; retaliations, are being handled these days in the courts. . No one has set up a meeting to discuss this and both parties has had notice since May 2008</p> <p>:( </p> http://www.undercoverlawyer.com/forum/topic.php?id=1313#post-11733 Fri, 20 Nov 2009 13:15:57 +0000 bubbasmith07 11733@http://www.undercoverlawyer.com/forum/ <p>Were a multi - billion dollar, large national company with 25,000 employees. The top executives are pretty crooked so there not going to to the morally resposbile things here. Advise needed</p> <p>Over the course of 7 years I have continually lost promotions and raises after I reported fraud among the IT department. I am now only getting 2% cost of living increases for the last 9 years. Although as a cost center and General manager of a IT security and compliance department. They are constantly hiring people with far less experience than me to run areas that are my clearly my department. </p> <p>My “boss” is the one that lead me to believe that there was fraud and I reported it to the bod. Every manager at that time told me that the CIO had a back door relationship with a vendor. I have recently found his resume on-line and it lists his degree from Buxton University (a diploma mill). Since he is in change of Sarbanes Oxley and were a PCI level 1 merchant (were take in 30 million credit card transactions a year). I think that this is a big deal and if this comes to light will shed light on the lie he told the bod about me which then cause my career to implode. IT would also be very embaressing to the the SEC and investors</p> <p>He also took advantage of the fact that I have a disabled son (my son iss severely autistic) by scheduling important meetings when I can attend because of my sons medical needs. Its hard to be fit for your position when your only son is so bad off and he exploited that to his advantage. I should have done something a long time ago but the tragedy that is my little boy I didn't and now I think that I am screwed. I have no support from HR or anybody </p> <p>Any good - pratical advise? Is there a lawyer in the house and would I have a case? </p> http://www.undercoverlawyer.com/forum/topic.php?id=1051#post-8558 Sat, 08 Aug 2009 13:54:04 +0000 HardHead 8558@http://www.undercoverlawyer.com/forum/ <p>Hi,</p> <p>Please help with my situation:</p> <p>I’ve just received a Performance Improvement Plan from my manger who hates me since she was on board. I suspected she is highly insecure because my experience and background supersede hers as she is in a field that not many people can come in and just pick up and be an expert of. And this is her first problem with me: we both were at the same grade level.</p> <p>I thought being her staff, I’d help her understand by explaining and providing better solutions than the ones she had. Of course that does not sit well with her. I gave up after a while. She was able to fool some of her peers in the beginning but eventually her peers see through it. And this is the second issue: she’d picked an unwise fight that involved knowledgeable upper management and I was to blame because I didn’t agree with her wrong decision.</p> <p>She brought in one of her friends who has also no background/experience in the field. The team is scare of this junior person: air-headed, absent-minded, do sloppy work, steal others’ work, etc. No one has spoken up except me. I snapped at her in a meeting because she kept screwing up the project.</p> <p>So here came the improvement plan: The stated accusations are lies. I can prove them lies. The language is vague. There is no quantifiable measurement. And improvement must occur immediately or may result in further corrective action up to and including termination. HR was present when I was given the memo. HR didn’t say anything about my right other than my manager has the right to do this. I didn’t sign the memo however. She was so angry and said “I’ll talk to HR and you’ll have to sign it.”</p> <p>Please help me understand what my rights and options are? I believe this is just a stepping stone for her to get rid of me. I can’t tolerate the fact that the lies will be in my personnel file and she’s getting away with this. I need to maintain my good reputation in my field.</p> <p>Please help.<br /> HardHead </p> http://www.undercoverlawyer.com/forum/topic.php?id=1311#post-11712 Thu, 19 Nov 2009 11:00:45 +0000 grsola 11712@http://www.undercoverlawyer.com/forum/ <p>As a prelude to my story, I do have an attorney and a lawsuit is being prepared, so here’s my story. I was recently terminated from a job after a long standing dispute with a manager, which lasted the duration of my employment. Without getting into all of the details, I reported this manager to HR over a year previous to termination. HR put the manager and myself into weekly unsupervised meetings that were supposed to last 30 minutes, meant to improve communication. The meetings often ran over 90 minutes and consisted of manager complaining in detail about his personal life. When we did try to talk about work, manager would often become defensive on anything. Manager admitted that his own boss had previously addressed to him similar concerns as I was stating, so my complaints were known issues and documented. The weekly meetings got worse and worse, but when I tried to seek HR’s input, my job was threatened. After three months of these bad meetings, which often lead to manager and me fighting enough others could hear us through the door, I had to contact company president. Manager called me on his day off, had a fight with me and almost got into a car accident on the phone, yelling at me and threatening my job because of it. President acknowledged that I do great work and should not have to be upset by meetings, bringing visible negativity back to my office. He cancelled meetings, though bully boss continued to harass with trumped up reprimands, which I refuted and was even able to include comments by this manager that contradicted his own claims. A few days prior to termination, I had been diagnosed with Hypertension, which I knew was work related stress since I am in good physical shape, don’t drink or smoke, watch what I eat and exercise daily. My doctor made note of the work stress on my doctor’s notes. The following week I reported the hypertension and requested a meeting with HR to discuss, stating the problems with bully boss need to stop because it’s now measurably impacted my health. HR met with management for a few hours, then fired me. I immediately informed them I was seeking an attorney for discrimination, as I knew that firing someone for reporting a newly diagnosed “disability” was unlawful. The ADA amendment now adds Hypertension to list to covered disabilities, even if it’s just “perceived as” a disability. The company saw it easier to dump me because they couldn’t control manager, but they did within a short time of informing them of diagnosis which violated my protected rights. I had a handful of lawyers wanting the case on grounds such as ADA discrimination and Retaliatory discharge. The attorney’s all offered availability on contingency basis, and I am prepared to pay court costs. The case is much more complex than listed here, but it appears the employer made a poor mistake in the way they terminated me. As the attorney’s stated with the assumed reasons employer may come up with, if they try to say I was a problem, why wasn’t I terminated previously? In addition, I received UE benefits and they did not appeal. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1227#post-10439 Sat, 03 Oct 2009 18:55:26 +0000 mountainbiker 10439@http://www.undercoverlawyer.com/forum/ <p>Hello<br /> This is my first post here. Sorry for the long story.</p> <p>I am from a protected class based on race. I started working for my company as a consultant.During the time I was a contractor no one said anything about poor performance.In fact they hired me on as a permanent employee since they liked my performance. </p> <p>Three months later I was told that my probation was being extended due to poor performance however, during those three months no one said anything to me about poor performance.I did my job as usual.I complained to HR that I was never told about poor performance and all of sudden it is being used to extend probationary period.I also mentioned that the performance issues mentioned were just flimsy excuses and were not true either.I was told my communication skills was poor and was asked to watch a video. Interestingly I never had any communication issues when I worked in other<br /> companies.</p> <p>HR never got back to me but was taken off probation at the end of the period confirmed my full-time </p> <p>employment.During the rest of the year I was never told anything about poor performance. I noticed I was being treated differently from my other co-workers which were all Caucasian women.My manager tended to favor them with responsibilities, bonuses and constant praises.They were all less experienced and qualified than me. I never received any of bonuses or praises. However, I was also never told that I was doing anything wrong for the rest of the year. When it came time for my annual evaluation I was given a poor evaluation and was held responsible for things that were not under my<br /> control.Others in higher positions did not do their job but I was being blamed for the work not getting done. So I refuted all of the contents of evaluation. When I told my manager that I had no control over deadlines, he changed the wording in the evaluation but not the overall score (kinda like a %). I had proof he changed the wording of my evaluation but did not change the corresponding score to go with it. </p> <p>Therefore when raise time came, he did not give me a raise because of the score of my evaluation.Reason given was my performance was poor, budget was not there, my salary was too aleady high,etc.</p> <p>I once again went to HR to complain and was told that they did not feel that I was being treated unfairly.I had asked at that time that my supervisor be changed and that I be reevaluated by a third party. Since I did not get a reply, I went my manager's boss and was told that he stands by my managers' decision. He also told me that I would have no chance of advancement in the department. </p> <p>So I went back to HR again and was told that they do not feel that I was being treated unfairly.After more than a month, I called the 1800 ethical hotline and reported the issue.Told them that I feel uncomfortable working this manager and that I was discriminated against due to my race.After this call,I received my next years midyear evulation. In this all of a sudden my manager mentioned many negative points which were all false.Basically he retaliated since I had called the number and went to HR.So I<br /> asked for an explanation of the negative points so that I can understand what the problems were.Never got a response.I called the 1800 again and added this information and told them I was being retaliated now.</p> <p>Meanwhile HR kept dragging and finally contacted me and told again the same thing.When I disagreed, HR tried to play the delay tactic by telling stories many times.After this went on for almost 2 months and still was unresolved I told HR that I was gonna file a complaint with EEOC. HR agreed and said no problem.</p> <p>Now I have filed my complaint with the EEOC and the state agency saying that I was discriminated against because of race and sex.And it has affected my promotions, salary raises,bonuses, etc.I would like to know how strong my case is.</p> <p>I would appreciate any advise you can provide regarding my case above.Thank you. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1304#post-11610 Fri, 13 Nov 2009 17:09:25 +0000 druddock 11610@http://www.undercoverlawyer.com/forum/ <p>I WORKED FOR THE PAST YEAR AT A DENTAL OFFICE IM A CDA BUT HAVE BEEN WORKING FRONT DESK. MY OFFICE MNGR FOR SOME REASON DOES NOT TREAT ME THE SAME AS THE OTHER 17 EMPLOYESS. UPON LEAVING WORK MY BOSS THE DOCTOR WHO RUNS THE PRACTICE ASKED ME TO FIND ANOTHER JOB!I FEEL ITS BECAUSE THE OFFICE MANAGER WHO I ANSWER TO HAS SOME PERSONEL PROBLEM WITH ME AND DOCTOR SAID HE CANT AFFORD TO LOOSE HER. HE DID NOT FIRE ME, BUT SAID HE THOUGHT IT WOULD BE BEST IF I FOUND ANOTHER JOB. I HAVE NEVER HAD A VERBAL OR WRITTEN WARNING REGARDING MY WORK PERFORMANCE, OR ANY OTHER ISSUES. I HAVE THREE CHILDREN, MORTGAGE, AND PLENTY OF BILLS. I FEEL THE PERSONAL PROBLEMS MY OFFICE MANAGER HAS WITH ME ARE UNJUSTIFIED. FEEL SHE IS TELLING THE DOCTOR ITS HER OR ME THAT HAS TO GO AND THE DOCTOR DECIDED ITS BEST TO ASK ME TO FIND ANOTHER JOB! WHAT CAN I DO FEEL SHE IS CREATING A HOSTILE AND ITIMIDATING WORKPLACE FOR ME PLEASE HELP! (40 year old mom) </p> http://www.undercoverlawyer.com/forum/topic.php?id=1136#post-9315 Thu, 03 Sep 2009 20:01:38 +0000 down-n-out 9315@http://www.undercoverlawyer.com/forum/ <p>12 years at largest hospital in state. I am only female technician in department. I repair/test/calibrate medical equip.</p> <p>1. promised me I would rotate thru all shops for increased knowledge of variety of equipment. *This was my pre-requisite due to army reserves and potential deployment.<br /> --Got my first 3 month rotation After 12 years! *and out of reserves!!</p> <p>2. all other co-workers that came in before me and after me, all have positions/rotations in other shops/locations - I have not been afforded the same opportunity....</p> <p>3. co-worker came in 3 years After me w/no prior medical equipment experience.<br /> --he is personal friend of lead technician, go to same church, carpool etc.<br /> ---coworker got 'fast tracked' ie: given all training opportunities before offered me (many were never offered to me). They moved him to another shop before mooving me, and he received all the training needed to maintain the equipment I was STILL responssible for! *Can You Say Safety Issue as well???? I hate being set up to fail!</p> <p>4. same co-worker was put 'on call' in 3 years, yet it took 5-1/2 for me *Only after other co-workers went to management saying I was getting special treatment! *threat of reverse discrimination? *I wanted to be on call! More $$$! Just boss holding me 'in my place'...</p> <p>5. 5 co-workers sexually harassed me thru the years. A)First in 99 on way home from business trip - guy grabbed me by face/chin and kissed me. I was Floored! Rode rest of way home as far away as possible - afraid to say anything until out of vehicle (fear of being found dead on side of turnpike). Told bosses next day. They told me that co-worker too valuable, that if I took this outside of Dept., I would be one to lose my job! *Policy states that ANY S.H. claim is to be brought to HR! I finally told our HR rep shortly after. He did Nothing! Blew me off. Little Boys Club!<br /> B)Second 2003 or 2004 Co-worker said I needed a sugar Daddy and he volunteered to be it. Thought he was kidding. Soon after, said he had sexual dreams about me. This I did not laugh off! I told him to cease and desist with any of that, that it was inappropriate and not allowed! -- He stopped, but then retaliated by messing up my computer and time accounting equipment. I was only one in department with issues! Other techs would tease me because so bad. --Had issue with time accounting hand held device. I asked him to fix it for me. He said he would - all 3 times, but never fixed! I got written up for not using my broken i-pack!!! Almost fired! Explained about the sexual harassment by this guy to bosses - explaining this is just retaliation for saying no to his advances. They told me I do not have any more issues than others...... Bull*<br /> You are going to laugh at the next incident... Director and computer guy put a camera in shop *actually there were a few cameras, but this one was the only one pointing directly at a person (me). Keep in mind, I am only female tech, and 'feed' of this camera is going back to sexual harasser/retaliator!!! So this sick old man is sitting in his cubicle getting his rocks off watching me? I asked boss why camera was there. ''To watch equipment in back room'. O.k. so why is this not Pointing toward the equipment in the back room? I asked for it to be pointed to back room or taken out. Boss LAUGHED at me!!! and said 'no, the camera is staying'! Finally went to HR. Camera was gone in a week......<br /> Boss did write up a paper to put in my file regarding computer guy's s.h., but did not name him directly! Also, did not bring to HR. Same threat to me *I will lose my job if I bring out of department!</p> <p>another guy asked me to have a 3some with him and his wife! After my 'Oh Hell No!' I sent him an e-mail explaining that I was not interested in him, and that any and all relations would be work only - nothing more. *Stupid me for trying not to bruise his ego or hurt his feelings.... So, I guess No means maybe.... He stopped talking to me for a while, but slowly came back to 'try again'. He would come to my shop, look around. Nobody else there, he would come up to me and rub his groin on me....</p> <p>Another guy would continually be touchy feely and horse around. I was already in sensory overload. Would yell at him to cut it out and leave me alone! He would stop talking to me for a while (pout), but would then start up his crap again. It was so bad that, we were unboxing equipment in a hallway, and 2 guys from another department saw him manhandling me, and me yelling at him to cut it out.... They asked why I put up with that? and Why don't you bring him up on S.H. charges??? I told them that I already had a couple of complaints in to bosses and HR and they didn't do anything about those, so why bother???? *When told HR about guys seeing issue and commenting, HR rep told me 'those two guys need to mind their own business!'. Wow! Thanks for the support and concern for me!!! NOT.</p> <p>6.Illegal denial of Military Leave of Absence. Unit was sending me to month long school for 'Computer Based Medical Equipment'. Boss told HR that I didn't work on computers so there was no need for me to attend this school, and both boss and HR denied me MLOA. Said 'this school is voluntary, so don't need to give you leave". I was on orders for this school - went to the ESGR for clarification. They said what hospital was telling me is illegal. I brought names, phone numbers, printed out paperwork etc and gave to boss and HR. I requested HR call ESGR. He YELLED at me and told me he was in 'constant contact with esgr person and I know all the rules!'. He refused to call. I cancelled the school *work had told me I needed to use my personal vacation time and the rest of time without pay - regular LOA in order to go. Since I was saving my vacation time to use before deployment to spend time with family, I didn't want to use it on school at this time.... The following week, HR guy showed up in boss' office. Boss called me in. HR guy gave his sincere apologies, he was wrong.... Can you say 'day late, dollar short?'. Another educational opportunity denied me *other tech's in military 'never have issues doing military training'. Nope, just me..... "Little Black Cloud"</p> <p>Ongoing denial by Boss and recently by HR for use of employee benefit $2000.00 per year tuition re-imbursement.....</p> <p>Yup, even after going to HR to get my work issues resolved, she told me to look into classes to retrain for another position within hospital. 1st was Accounting.... DENIED. She then Told me that I need to get into X-ray tech school. I looked into program - prerequisite - be accepted into program 6 months prior to start of school.... That was out then, because I needed out NOW! then looked into ELT or Electro Mechanical Technical program. I was excited about starting this course since I already had quite a bit of the experience, it would not be as difficult for me. I would then be able to get a job in the regular engineering department ie: electricians etc - doing 'plant maintenance' electrical. Both boss and HR denied me (the week before the start of school! so, again lost another $2000.00 benefit for 07/08! Plus boss said "besides, you'll just be in the same position you are in now - working with all guys....."... Alrighty then. I guess I need a penis to work in the all male departments at this hospital - irregardless of my capabilities. Sucks to be me!</p> <p>HR met with all 5 guys. She said she was dumbfounded because they ALL admited to doing what I said they did! She said that most people get hostile and deny charges like this! so, she set up a Mandatory Sexual Harassment class for the department. I described the incident of having face grabbed and kissed. Hr rep said that this is past harassment, that this would be Assault, and that is 'very serious'. I was shaking and trying not to cry in meeting, I was so upset! Then boss had Nerve to tell story about a family member that had dealt with issues, and he wished that person had come to him for help, that he would have done everything possible to help! Talk about feeling invisible, not worthy of being helped!!! Here I had gone to him twice - to no avail, then didn't feel it was worth bringing the other 3 to him since he didn't do anything the other times..... </p> <p>I cannot go to work, do my job, and leave like the guys do. I have had pay issues (time taken off time card for same things other techs got paid for, denial of travel pay when others received pay for their travel time, etc).</p> <p>Lead tech and his 'buddy co-worker' would take over my repairs on me continually. I went to bosses looking for help in dealing with this - to no avail. Lead tech would get very hostile toward me on stuff I would do or questions I would ask: ie: call schedule. one time he was last one on schedule, no new schedule made up yet. I had the 'gall' to ask him when the new one would be out, so we would know who would do it the following week (just days away at that point). This was an ongoing battle - also brought to mgmt. to no avail.... Can you say Hostile work Environment?!</p> <p>This is just a tip of the iceburg.... Lead tech came after me in elevator last august. Went to HR for help. They told me to take the rest of that day off along with the next couple 'to let them meet and try and figure out a solution to my workplace issues'. Went back the following week. Boss saw me at my bench and asked me why I was there!!!! I told him that I was following HR's request. I took the couple days off and now I am back to work.... Boss said that 'we have not met yet, so, go to HR and see about taking more time off so we have a chance to meet and we'll call you after we've met'. </p> <p>Did that. HR set me up with FMLA 8-26-08. Sat at home waiting for call from work. It never came! I finally sent e-mail to HR rep asking status if they had met yet, or not? She said yes, they had met (with no explaination of what was discussed), and that she was "waiting for you (me) to get better". I told her that I 'would not get better until my work issues got resolved"! Catch 22!</p> <p>So, still out. They tried to break me by denying me std - thank god for family supporting me for months til they realized I was not giving up or giving in.... they finally continued the std. I am now on LTD.</p> <p>I had a lawyer for a while - working on contingent. I asked her #1 if she had any conflict of interest? she said no, but after getting involved in case, it appeared otherwise.... #2 My case is so involved and convoluted, - had put in for Workman's Comp, also put in complaint to Labor Board and Maine Human Rights comission....<br /> *also requested she contact statements from co-workers right off - before Hospital legal staff gets to them.... She didn't do it.... I am sure that since my bosses felt comfortable threatening me and my job, that others are compelled to do the same - without any fear of recourse.</p> <p>Labor board Only Met with boss &#38; Hr - never with me personally or phone! They said they didn't find issues... What?! Lawyer was dumbfounded and called for explaination - she was told that they 'rarely do these investigations, and are not trained'. Wow! These are our 'checks and balances'? </p> <p>MHuman Rights Comission: Employer requested 2 or 3 extensions, that my lawyer 'graciously gave them' which I didn't want to give. So, that ate up my 180 days plus.... I then received a 'To Interested Party' letter from them, explaining that they are dealing with backlog of cases and it will be Months before being able to get to my case, or to set up case..... Again, Sucks to be Me.</p> <p>Just received a Right to Sue letter. Cannot find any lawyer willing to fight this battle. This is one of largest employers in the state, with the largest group of Attorneys (plus I am sure some other smaller groups too) representing them.</p> <p>How the Hell am I supposed to fight this battle? I want to bring this to federal civil court. I don't even know where to begin this process on my own!</p> <p>I have called so many attorneys, legal aid, even UCL site for lawyers - got 0 responses. I don't want to give up this fight - on principle alone. In this day and age, I cannot believe the inhumanity of our workplaces. So Sad.</p> <p>Dealing with the depression, some days I don't get out of bed - feeling of hoplessness and helplessness.</p> <p>I cannot believe I used to dki, snowboard, hike, bike, kayak, have climbed live volcano, backpacked along continental devide with nothing but elk and mule deer for company, and Now, I have a hard time just leaving my house. And Workman's Comp is trying like crazy to make it Not a work issue that has caused all this!!!</p> <p>*Keep in mind, September 2001 thru June 2007 - every ringing phone was the potential of telling me I was going to Iraq! I called this "Pre Deployment Stress Disorder".</p> <p>I didn't do a lot of things I should have, because of the threat of deployment. Then, Feb 2007 I was On the deployment list and went to pre deployment training. They took me off the list at the last minute because of the antidepressants I was on for work issues!!!! I wanted to go just to get away from this mess! How sad is that? Want to go to War just to get out of bad work????? sick. This country is soooo messed up. But, that is another blog discussion LOL!</p> <p>So, this is a lot, but not all of my encounters. Please, I need help/insight/civil litigator... Whatever you have, I would be most grateful! Thanks in advance. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1309#post-11675 Tue, 17 Nov 2009 19:56:53 +0000 littlelulu 11675@http://www.undercoverlawyer.com/forum/ <p>Well, the administrative law judge sided with my former employer and did NOT approve my much needed unemployment benefits. My attorney said he does not usually rebute this decision but will in my case. He thinks it all boils down to them stating that they contacted Division of Information Systems and that according to DIS, the 8 calls that do not appear on my monthly long distance (SCAN) phone log were not on any state phone logs for the days in question (if I had inadvertently input the access code wrong and it would have gone on the persons log that the access code belonged to). Several of those calls were calls that sounded like a person picked up and the line went dead so probably NEVER connected which would result in them NOT being on a phone listing. Several I knew what the answering machines said or that a person had gone home from work for the day so OBVIOUSLY I called the numbers or I wouldn't know this info. It boils down to the fact that the phone system is NOT 100% accurate but WHAT computerized system IS 100% accurate????</p> <p>So, my question to the members is, have any of you worked for a phone company, specifically Qwest, or know someone who does or has worked for a phone company. I am trying to figure out HOW a person goes about finding out what the error rates are for long distance phone calls as in HOW many calls are made that NEVER appear on a company or persons long distance phone bills each month. Since these calls in question were over an 18 month period, and there has to be tens of thousands of calls made EVERY WORK DAY within Washington state agencies, just how many calls are not being recorded and billed to the state (not that the state is going to care that they are saving the costs of these unbilled long distance calls)? I asked my attorney how we would find this out and he wasn't sure. There HAS to be some way to confirm that calls are made and not recorded/billed because I MADE THOSE CALLS IN QUESTION AND WOULD TAKE A POLYGRAPH TEST TO PROVE I AM TELLING THE TRUTH.</p> <p>*LuLu is EXTREMELY frustrated at this point as well as EXTREMELY broke and really counting on those unemployment benefits.......... </p> http://www.undercoverlawyer.com/forum/topic.php?id=1274#post-11105 Wed, 21 Oct 2009 19:52:37 +0000 DW 11105@http://www.undercoverlawyer.com/forum/ <p>I have been the manager for an account for over three years. At the beginning I was placed over the former manager and a Superviser who were demoted and placed as a regular employees. They subsequently quit and walked off the job. They then sued our company alleging racial discrimination was grounds for their demotion and loss of jobs. They were removed for their work performance which was terrible but the regional manager did not have any documentation of counselings or reprimands so they demoted with the hope that they would quit and no unemployment would have to be paid. The EEOC sided in their favor and represented them with counsel. The owner of the company settled out of court for a substantial amount of money. </p> <p>Since that happened, I had to use extra caution when hiring personnel. We had a very high turnover rate due to the low wages and limited benefits. Due to this fact most of the employees working now are hispanic. It is a fact, no-one else is willing to work for the low wages paid by our company. </p> <p>I beleive I was terminated so they could replace me with a hispanic Manager and because I sent an official complaint to our HR Rep on a friday I was terminated on the following Monday. I had no bad reviews, on the contrary all meetings / dealings with Management from the customer and my corporate management, had nothing but excellent reviews on my performance. The basis for the letter of concern I sent to HR. I had a female clerk who made numerous sexual advances to me and I ignored them until she called my wife at my home and threatened to get me fired somehow. I immediatley reported this to my regional manager via telephone and the next week they sent an inexperienced regional manager to the site to investigate. He spent three days joking around and talked about anything but the issue I complained about until the last day he was there. As the last day he was there, was closing, I asked him, "why no one had spoken with my wife, in orfer for them, to get the details of the threats she made to have me fired." He replied, "why should he have to speak with her?" I responded, "If an actual investigation in this matter was being conducted then shouldn't the facts of the threats of getting me fired be considered?" He responded, "He had to check with the actual Regional Manager." I waited over one week with no answers to any of my phone calls to my Regional Manager and our HR Rep. </p> <p>On the Friday after 10 days of the "aforementioned manager leaving, I mailed a letter explaining in detail some of the issues I was having here trying to keep a fully staffed company and brought up what I felt to be working in a hostile work environment. I was terminated at the end of the following Monday told that they were making a change. </p> <p>I have some specific information which I am leary in posting here pertaining to discrimination and being forced to work in a hostile work environment. As I stated earlier the former manager and a group of former employees sued the company with the assistance of the EEOC for racial discrimination which was settled out of court. I relate this fact again to further explain the following fact. I had an emoployee who was performing substandard and when I counseled him he became very insuboordinate causing a scene which then resulted in a written warning instead of termination. He then wrote a grievance to the owner and faxed it to the owner of the company threatening to sue the company for Racial discrimination, stating he was being discriminated because he was a black man. </p> <p>THe company sent two Regional Managers to our site and both stayed for aproximately a week investigationg and trying to persuade the person not to pursue this avenue. They both informed me a seperate times that if he worked at one of their locations they would have to fire him due to his poor performance on the job. They also told me that I could not speak with this man and not to interfere with any of the decisions he made. He was slotted a a supervisor and was directly responsible to me for the completion of work assignments. For 10 days I had to avoid an speaking or assisting in any way with the area he was running. The Customer was complaining due to the poor performance in this area,to me but I was told by my bosses, "That they were to deal with this person directly and that I could not interfere. </p> <p>This lasted for ten work days. On the last day the other supervisor, I had, which was, picking up all the slack for the other non-performing supervisor, had became so frustrated of this guy manipulating our production system to make more money than everyone else, and doing less actual work, That he spoke to him and was fired for being accused by him of communicationg a threat. The problem employee was transferred out of state. So now I had the two supervisors out of the three I had on hand gone in one day. The pool of replacements was very limited because most of the employees to choose from could not speak or understand english none the less. I was told I had to select one of them to perform as a supervisor. </p> <p>Against my objections, I did as I was told and a month later, The person whom was selected was terminated for violating a security violation for our customer. Back to the drawing board, I had to dig deeper from the lesser qualified individuals I had on site, and was told to assign one as a supervisor. I did as I was told again and this created a serious lack of communication and caused one of the recently hired workers to quit due to the fact he could not understand or be understood by the Hispanic that was put in a supervisor position. I wa working 12 to 14 hour days with no breaks and or a lunch. If I went to the restroom I had to take a radio with me to answer or handle problems which were a constant. Remember I stated the company was sued for discrimination in the past and the fact that the wages are so low and are even now in the process of dropping even more each and every day a new decrease in the pay is determined, The only personnel who I have hired that will stay for a lengthy period of time, do not understand or speak english. </p> <p>SInce I was let go, I have been contacted by some of the customers I have dealt with regularly over the years, that the Female employee who threatened to get me fired, was making statements to these regular customers, who are willing to give me signed statements,"That I was fired for being mean to her and laughing stated, "that she always gets her way." I feel this is grounds of slander and defamation of character on top of having to work in a hostile work environment </p> http://www.undercoverlawyer.com/forum/topic.php?id=1153#post-9580 Wed, 09 Sep 2009 08:59:12 +0000 bleeb 9580@http://www.undercoverlawyer.com/forum/ <p>I work for a company that does not have an employee manual - because it is "easier" for them legally if they do not have one! Three times since starting I have been told that I am violating the "dress code" but when have asked to see the dress code in the employee manual I received an email indicating what was acceptable attire. </p> <p>Mind you that this is a VERY casual company - people dress in ripped jeans, tank tops, etc. Each time it is one particular person who tells me that I am offending the dress code, and she emails my manager - who knew nothing of a dress code when he hired me. One day she actually walked by our staff meeting and looked at my shoes, then complained to my manager that they were not appropriate. </p> <p>Also - there are other people in the company/office that wear the exact same things, but are not singled out. Is this some form of harrassment? I also requested from my manager to drop down to 32 hours per week. With the blessing of his boss and the president I was told yes and that I could keep my benefits. Once the "Fashion Police" woman found out - she put a halt to it stating that I had to work 40 hours to receive any benefits. </p> <p>I've asked for copies of the SPD but nothing in there states the actual number of hours required to receive benefits. I specifically requested this information and was told it was against company policy to supply this to employees - WHAT?? </p> <p>The department of labor told me it is federal law to supply this information - and I have passed that on to the HR person - but have not received any response. Any advice as to what my rights are would be greatly appreciated! I feel like I have gone back into the dark ages! </p> http://www.undercoverlawyer.com/forum/topic.php?id=1308#post-11667 Tue, 17 Nov 2009 13:29:29 +0000 counselor_sam 11667@http://www.undercoverlawyer.com/forum/ <p>Ya know it's not bad enuff that I was harassed and lived in employment HELL for over a year and I still am awaiting EEOC. I am considered on Leave Without Pay but I continue to pay my health ins and every other month for whatever reason it gets cancelled even tho I pay the premiums....My short term disability policy that i've been paying on pays me for two months then wants MORE info from my shrink...I FINALLY get a check yesterday and Wachovia will not cash it for me until 5 working days have passed!! Why? Because my checking account show I have not been depositing regularly. BECAUSE I LOST MY JOB I TELL THEM. The manager says "well what if your insurance company refuses to pay the bank then we will be out that money". I say "i've been doing business with this bank for over 10 years through 3 jobs....so because i get harassed, lose my income, FINALLY get some of my short term disability now I have to wait another week to buy groceries and pay my bills...WELL WHY FREAKIN NOT???<br /> I have NOT been writing bad checks i just haven't been depositing a regular paycheck. I ask her, so if, IF I ever get another job and i deposit my first paycheck will you hold that for a week too? "oh we don't hold payroll checks"....Is this insanity or what????<br /> I'm tellin ya, i can see why people go postal....I was so humilated because they don't mind talking loud so others can hear....i was looking so forward to going out and buying groceries...sheesh </p> http://www.undercoverlawyer.com/forum/topic.php?id=1234#post-10528 Tue, 06 Oct 2009 20:45:53 +0000 cindyk56 10528@http://www.undercoverlawyer.com/forum/ <p>I worked for ****(Indicates Moderator edits) for 4 years. I had an excellent work record with little time off the job. I was a Star performer. My home was damaged by the floods of 2008 in Cedar Rapids. Getting repairs done and working has been stressful. I tried to help out some neighbors who lost their home to the floods and moved into a vacant home. I was assaulted by their 10 year old son in my home and had a stroke and have had problems with migraines and seizures since. The assault was in May and caused by this 10 yr old kid who was very abusive.  He would pound on my door incessantly for several minutes demanding I take him to Chuck E Cheese.  This went on for months even after talking to his parents.  I ignored him as long as I could and he would go away.</p> <p>When I refused one last time, he tore the door jamb off the screen door and threw a junk microwave at me just missing me and it hit the house.  He lit a match and said if I didn't give him the stuff out of my garage that belonged to my brother, he'd burn my house down.  I said no and he stripped naked on my lawn and lit another match and then peed it and danced on my lawn.   I had banned him from my home and talked to his parents because he had tried to download games on my computer and was destructive and a moocher. I told his parents I was not responsible for feeding him or his entertainment.  I called the police and his parents laughed over the situation and patted him on the head and told him "good job buddy,"   I suffered a stroke and have seizures and migraines now that I didn't have before. Due to the floods, phone systems have been a mess and were knocked out. This affected my ability to get my health benefits activated properly and receive proper treatment for the migraines.  The stress and red tape and paperwork have been overwhelming.</p> <p> Since the floods, **** and ***** reps have become more abusive and ruder to **** reps. Reps were not allowed to hang up on abusive patients or other callers as they are in other ***** departments. They shoved info down our throats when transferring calls. I was called "flood shit" and other names by these employees and told  I was shit, worthless and have no rights and they have to bow down to **** reps.  Reporting the abuse never did any good.  It still continued.  **** has numerous online complaints regarding rude reps and has paid heavy fines for improper drug substitutions, price fixing and other discriminatory practices. I have endured the stress of healing and flood repairs.  I was evacuated to a flood shelter and assaulted while I slept by a drunken evacuee. My glasses were broken.  Then we got new neighbors who were displaced from their homes.  Crime and vandalism escalated in what was a fairly peaceful neighborhood.  The parents of the 10-yr old who assaulted me were evicted for non-payment of rent.  The police were called for domestic violence and so was DHS because of the actions of this 10-yr old.  Animal Control was called and their dogs who barked constantly, which contributed to my migraines.  They were illegally dumping oil and auto fluids down our storm sewer, which contaminated our water.  They were illegally dumping waste and garbage in their yard that drew an influx of maggots and flies and aggravated my allergies which created headaches.  I was also dealing with harassment from them for reporting them to DHS and the police.</p> <p>My nephew became homeless days before.   He had been kicked out of the place he was living and was living in a tent.  To help him avoid losing his job, I took him in because there was nowhere else for him to go with a dog.  He got drunk and abusive with me and threatened me.  He tore a sink in my bathroom and water leaked through my kitchen ceiling.  He used toxins I am allergic to in my home and told me if I didn't like it I could move. This led to increased stress and migraines.</p> <p>Since the floods, our jobs at **** became more stressful. Our systems were slower, adding to caller dissatisfaction with ****. There was a lack of communication with **** management. The stress from the floods and the assault and my nephew increased the number of migraines. On September 11th, my head was starting to hurt very badly and the pain was so intense and pounding. A patient became abusive after I suggested having his doctor’s office call and completing the prior authorization for his medication over the phone. He continued attacking me said he didn't care I had a headache. I was trying to get the call transferred to a supervisor as fast as I could but had trouble getting through. By that time, the headache turned into a seizure and I told him that . **** pulled the plug and told **** to get rid of me because I was a “liability.” The RE who took the call was ****** who has a history of not taking calls and has a vendetta against Cedar Rapids reps for reporting her. I had been threatened with my job before for reporting her and venting with another ***** representative regarding her by ******, ****'s HR Manager. She came to my home and told me I had to set an example for other employees since I was paid the “big bucks.” I obtained a health insurance license and with my Star Performer Bonus was earning $2.00/hr over other employees. ****** works for ***** in ****, OH. I was fighting for my health and to prevent another stroke. </p> <p>***** also administers ****s insurance benefits.  My coverage was never processed due to clerical errors and problems with phone systems and mail service due to the floods, which would have allowed me to get treatment for my migraines and stroke after the attack, and may have saved my job.  I was told I was a liability to ***** gave out my private telephone number to the patient who attacked and threatened my job and he threatened me again.  I was not allowed to go to a doctor to be seen by **** or **** after the attack.  The headaches were getting worse and I had no insurance.  </p> <p>I purchased a one-sided headset with my own money to ease pressure on my head and an ergonomic keyboard to help making typing easier.</p> <p>All I am asking is for support and compassion and to be allowed to do the job that I has excelled at for 4 years and been a star performer.</p> <p>A ****** employee received his job back after being fired due to manic episode. We ask that I receive the same courtesy given the circumstances.</p> <p> Having a seizure doesn't mean a person is a liability. With proper treatment and restoration of my medical and health benefits, I can get treatment. I should not be punished for the abuse of a 10-year old child. This child's parents were evicted a month later for non-payment of rent. The parents had been reported to Child Welfare services for abuse and neglect. The mother was on the news attacking a tenant and slapping her and throwing her to the ground. They have threatened other neighbors and I for calling and reporting them to this agency. I deserves support and compassion for the damage to her home in the floods not being called flood shit by people.<br />  <br /> Many flood survivors are also carrying on extra burdens emotionally and financially by having to support relatives as is I am. Flood survivors deserve compassion not abuse and discrimination.<br />   <br /> I ask for compassion to be shown and help in getting my job back with ****, education for **** and ***** regarding assault survivors and that I have applied for some type of victim's assistance to help with medical and living expenses. so I can heal a little and get some help with the migraines.<br />  <br />  Assault victims should not lose their jobs or be seen as liabilities to insurance companies.  They need to be allowed to heal, not be further kicked in the teeth.  I should not have to pay for this neighbor's abuse. We would hope with ****'s reputation and legal history of abuses in the health care industry, they would want to be seen as having a heart for people.<br />  <br />  Please help me get my job back and receive the courtesy and support I need and deserve. I earned 4 out of 4 ratings on my performance reviews, had top quality scores and was known for going beyond the call of duty in helping people get their meds. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1307#post-11666 Tue, 17 Nov 2009 11:07:44 +0000 victor92308 11666@http://www.undercoverlawyer.com/forum/ <p>Terminated. Why? For 2 weeks earlier being told to take my 2nd lunch at 9 1/2 hours even though I didn't work over 12 hours. Yes, I am a lead participant in a class action law suit envolving this very issue in California. Was put on a 3 day suspension and not saying a word to anyone upon leaving meeting my suspension was extended due to a company crony saying that I threatened someone upon exit from that meeting. Was brought back only to be terminated due to that alleged threat and not taking 2nd lunch. Yet, my attorney's are reluctant to pursue issue even though they say it was a set up. I thought attorney's were to be zealously to pursue the truth. What gives, I guess they really are just sharks looking for prey! </p> http://www.undercoverlawyer.com/forum/topic.php?id=1271#post-11067 Wed, 21 Oct 2009 04:34:03 +0000 lecky 11067@http://www.undercoverlawyer.com/forum/ <p>hi, the new dispatcher who tells you the calls to pick up and drive to and from drs, hosp .etc is a nightmere, she is a rude, incompatent, person, she has made upset on a number of times, she sabatoges my work, she has a nasty tone of voice,she dosnt answer my calls in aproper timely fashion , in other words she is very disturbing, i am fed up i want to let them know that there is something i can do ,im begining to drop hints that i know a little about employment law but havent done so directly, i actuly want to take this person to court. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1302#post-11578 Thu, 12 Nov 2009 07:08:47 +0000 whonme 11578@http://www.undercoverlawyer.com/forum/ <p>Hi,<br /> This is probably a question best posed to OYS... I returned to work on Tuesday from my STD/FMLA leave... And the stress leading up to my return and now has simply gone off the charts.<br /> I know, without a doubt, that my manager/department wants me gone. Do I just say, look, I know you are unhappy with my performance, and quite frankly, I do not see a way to quickly remedy the situation, although I've been trying... In this case, perhaps it would be best if we part ways, and I will ask for Severance and Unemployment....</p> <p>Or... Do I just wait for the 30 days from my last PIP to pass and see what happens? I don't mean to be impatient, it's just that I don't know how much longer I can deal with this... I'm driving my family nuts. The anxiety of what is going to happen is making me short-tempered and depressed. Which I HATE projecting onto my husband and toddler sons. </p> http://www.undercoverlawyer.com/forum/topic.php?id=1291#post-11446 Tue, 03 Nov 2009 11:18:45 +0000 sleeplessCOP 11446@http://www.undercoverlawyer.com/forum/ <p>SOURCE: <a href="http://www.legalworkplace.com/" rel="nofollow">http://www.legalworkplace.com/</a></p> <p>Understanding How The ADAAA And The New EEOC Regulations Have Changed The ADA </p> <p>The ADA Amendments Act of 2008 (ADAAA), which went into effect January 1, 2009, significantly expanded the protections of the original Americans with Disabilities Act (ADA) to include more individuals with less severe impairments. </p> <p>Congress had expected that the definition of a disability under the ADA would be interpreted consistently with how courts had applied the definition of a "handicapped individual" under the Rehabilitation Act of 1973; however, that was not the case. A series of U.S. Supreme Court cases — most notably Sutton v. United Air Lines (527 U.S. 471, 1999) and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams (534 U.S. 184, 2002) — significantly narrowed the scope of the ADA's reach, thus eliminating protection for many persons whom Congress had intended to protect.</p> <p>The ADAAA directed the Equal Employment Opportunity Commission (EEOC) to amend its existing ADA regulations to conform with the new Act. In September 2009, the EEOC released proposed regulations interpreting the ADA as amended by the ADAAA. </p> <p>"Disability" Redefined<br /> The ADA originally defined a disability as:</p> <p>having a physical or mental impairment that substantially limits one or more major life activities;</p> <p>having a record of such an impairment; or</p> <p>being regarded as having such an impairment.<br /> The ADAAA and the proposed regulations preserve this definition, but expand upon the meaning of the terms used in the definition to provide "broad coverage" for individuals under the Act. </p> <p>Major Life Activities<br /> Where the ADA was silent on what constitutes a major life activity, the ADAAA stated that major life activities include, but are not limited to:</p> <p>caring for oneself,</p> <p>performing manual tasks,</p> <p>seeing,</p> <p>hearing,</p> <p>eating,</p> <p>sleeping,</p> <p>walking,</p> <p>standing,</p> <p>lifting,</p> <p>bending,</p> <p>speaking,</p> <p>breathing,</p> <p>learning,</p> <p>reading,</p> <p>concentrating,</p> <p>thinking,</p> <p>communicating, and</p> <p>working.<br /> The proposed regulations add three other major life activities:</p> <p>sitting,</p> <p>reaching, and</p> <p>interacting with others.<br /> The ADAAA also added a new major life activity category — major bodily functions, which includes, but is not limited to:</p> <p>functions of the immune system,</p> <p>cell growth,</p> <p>digestive, bladder, and bowel functions,</p> <p>neurological and brain functions,</p> <p>respiratory and circulatory functions,</p> <p>endocrine functions, and</p> <p>reproductive functions.<br /> The proposed regulations include additional examples of covered bodily functions:</p> <p>hemic,</p> <p>lymphatic,</p> <p>musculoskeletal,</p> <p>special sense organs and skin,</p> <p>genitourinary, and</p> <p>cardiovascular.<br /> EEOC examples of covered disabilities: Kidney disease affects bladder function; cancer affects normal cell growth; diabetes affects functions of the endocrine system (e.g., production of insulin); epilepsy affects neurological functions or functions of the brain; and HIV/AIDS affect functions of the immune system and reproductive functions. Likewise, sickle cell disease affects functions of the hemic system, lymphedema affects lymphatic functions, and rheumatoid arthritis affects musculoskeletal functions.</p> <p>Episodic impairments. The ADAAA and proposed regulations specifically state that an impairment that is episodic or in remission meets the definition of a disability if it would substantially limit a major life activity when active. </p> <p>The proposed regulations provide examples of covered episodic impairments: epilepsy, hypertension, multiple sclerosis, asthma, diabetes, major depression, bipolar disorder, and schizophrenia. Similarly, if an impairment such as cancer is in remission, but there is a possibility that it could return in a substantially limiting form, then this would meet the definition of a "disability." </p> <p>List of disabilities. The proposed regulations identify examples of impairments that will consistently meet the definition of "disability": deafness, blindness, intellectual disability (formerly known as mental retardation), partially or completely missing limbs, mobility impairments requiring use of a wheelchair (a mitigating measure), autism, cancer, cerebral palsy, diabetes, epilepsy, HIV/AIDS, multiple sclerosis, muscular dystrophy, major depression, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder, and schizophrenia. (This is not meant to be an exhaustive list of examples.)</p> <p>The proposed regulations also provide examples of impairments that are usually not covered disabilities: the common cold, seasonal or common influenza, a sprained joint, minor and non-chronic gastrointestinal disorders, a broken bone that is expected to heal completely, appendicitis, and seasonal allergies that do not substantially limit a person's major life activities even when active.</p> <p>The proposed regulations note that there are other types of impairments that may be disabling for some individuals but not for others, and therefore may require more analysis in order to determine whether they substantially limit an individual in performing a major life activity.</p> <p>EEOC example #1: An individual with high blood pressure who is substantially limited in the functions of the circulatory system compared to most people, as indicated by the decrease in blood circulation caused by narrowing of the blood vessels, is an individual with a disability.</p> <p>EEOC example #2: An individual with carpal tunnel syndrome who is substantially limited in performing manual tasks compared to most people, as indicated by the amount of pain experienced when writing or using a computer keyboard or the length of time for which such manual tasks can be performed, is an individual with a disability.</p> <p>Substantially Limits<br /> The High Court ruled in Toyota that in order to qualify as a substantially limiting disability, an impairment: 1) needed to "prevent" or "severely restrict" a major life activity, and 2) needed to restrict activities that are of "central importance to most people's daily lives." The ADAAA directed the EEOC to issue guidance that lowered the definition of "substantially limits" to a level consistent with Congressional intent. </p> <p>The proposed regulations state that the term "substantially limits" must be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and should not require extensive analysis. According to the regulations, an impairment is a disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. </p> <p>Specifically, the regulations reiterate these ADAAA standards:</p> <p>An impairment need not prevent, or significantly or severely restrict, an individual from performing a major life activity in order to be considered a disability. </p> <p>An individual whose impairment substantially limits a major life activity need not also demonstrate a limitation in the ability to perform activities of central importance to daily life in order to be considered an individual with a disability.</p> <p>EEOC example #1: Someone with a 20-pound lifting restriction that is not of short-term duration is substantially limited in lifting, and need not also show that she is unable to perform activities of daily living that require lifting in order to be considered substantially limited in lifting.</p> <p>EEOC example #2: Someone with monocular vision whose depth perception or field of vision would be substantially limited, with or without any compensatory strategies the individual may have developed, need not also show that he is unable to perform activities of central importance to daily life that require seeing in order to be substantially limited in seeing.</p> <p>An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.</p> <p>EEOC example: An individual whose normal cell growth is substantially limited due to cancer need not also show that he is substantially limited in working or any other major life activity.</p> <p>The comparison of an individual's limitation to the ability of most people in the general population often may be made using a common-sense standard, without resorting to scientific or medical evidence.</p> <p>EEOC example #1: An individual with epilepsy will meet the definition of disability because he is substantially limited in major life activities such as functions of the brain or, during a seizure, functions such as seeing, hearing, speaking, walking, or thinking.</p> <p>EEOC example #2: An individual with diabetes will meet the definition of disability because she is substantially limited in functions of the endocrine system.</p> <p>In determining whether an individual has a disability, the focus is on how a major life activity is substantially limited, not on what an individual can do in spite of an impairment.<br /> Note: The proposed regulations state that temporary, non-chronic impairments of short duration with little or no residual effects usually will not be considered disabilities. </p> <p>Substantial limitation in working. With respect to the major life activity of working, the proposed regulations state that an individual with a disability will usually be substantially limited in another major life activity, which, therefore, generally makes it unnecessary to consider whether the individual is substantially limited in working. </p> <p>In situations where this is not the case, an impairment may substantially limit a person's ability to meet certain job-related requirements, even though it does not impose substantial limitations outside the workplace. The regulations explain that an impairment substantially limits the major life activity of working when it substantially limits an individual's ability to perform, or to meet the qualifications for, a "type of work." </p> <p>The concept of a "type of work" replaces the concepts of a "class" or "broad range" of jobs from the 1991 ADA regulation. A type of work may include: commercial truck driving, assembly line jobs, food service jobs, clerical jobs, or law enforcement jobs. A type of work may also be determined by reference to job-related requirements, such as: jobs requiring repetitive bending, reaching, or manual tasks; jobs requiring frequent or heavy lifting; and jobs requiring prolonged sitting or standing.</p> <p>EEOC example #1: Carpal tunnel syndrome that does not substantially limit a machine operator in the major life activity of performing manual tasks when compared with most people in the general population nevertheless substantially limits her in the major life activity of working if the impairment substantially limits her ability to perform her job and other jobs requiring similar repetitive manual tasks.</p> <p>EEOC example #2: An impairment that does not substantially limit an individual's ability to stand upright as compared to most people in the general population nevertheless substantially limits an individual in working if it substantially limits his ability to perform his job and other jobs that require standing for extended periods of time (e.g., jobs in the retail industry).</p> <p>The proposed regulations note that the fact that an individual has obtained employment elsewhere is not dispositive of whether an individual is substantially limited in working.</p> <p>EEOC example #1: Someone who, because of an impairment, cannot perform work that requires repetitive bending or heavy lifting is substantially limited in working, even if he also has skills that would qualify him to perform jobs that do not include these requirements.</p> <p>EEOC example #2: An individual whose impairment substantially limits the ability to do repetitive tasks associated with certain manufacturing positions and who is denied a reasonable accommodation for a manufacturing job by her employer could be substantially limited in working, even if the individual performed similar work for another employer who provided an accommodation for this limitation.</p> <p>"Record Of" A Disability<br /> The proposed regulations clarify that an employer's knowledge of an individual's past substantially limiting impairment relates to whether the employer engaged in discrimination, not to whether an individual is covered.</p> <p>"Regarded As"<br /> The term "regarded as" was not defined in the ADA. Courts subsequently ruled that to succeed with a "regarded as" claim, employees needed to prove that their employer regarded them as being disabled because they were viewed as substantially limited in a major life activity. </p> <p>Under the ADAAA and the proposed regulations, an employee only needs to demonstrate that they were subjected to prohibited action because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity, which means employees only need to prove that they were viewed as being impaired, regardless of whether the impairment rises to the level of a protected disability.</p> <p>The proposed regulations go on to state that "regarded as" coverage can apply if an employer takes a prohibited employment action based on an individual's use of a mitigating measure for an impairment or for the symptoms of an impairment, even if the employer is unaware of the underlying impairment. </p> <p>EEOC example #1: An individual who is not hired for a driving job because she takes anti-seizure medication is regarded as having a disability, even if the employer is unaware of the reason the employee is taking the medication.</p> <p>EEOC example #2: An employer that refuses to hire someone with a facial tic regards the individual as having a disability, even if the employer does not know that the facial tic is caused by Tourette's Syndrome.</p> <p>Important: The "regarded as" provision is not triggered when an employer:</p> <p>asks whether an employee needs a reasonable accommodation;</p> <p>asks an employee for medical information as part of the reasonable accommodation interactive process when the disability or need for accommodation is not obvious; or</p> <p>seeks medical information to determine whether an individual poses a direct safety threat.<br /> While this definition of "regarded as" opens up the courtroom door for more claims by employees, two stipulations prevent that door from being opened as wide as you might fear. </p> <p>Impairments that are "transitory and minor" cannot form the basis of a "regarded as" claim. A transitory impairment is one with an actual or expected duration of six months or less.</p> <p>Employers do not have to provide reasonable accommodations to employees who are "regarded as" disabled, unless those persons satisfy another part of the definition of a disability, i.e., have a physical or mental impairment that substantially limits one or more major life activities or a record of such an impairment. The 3rd, 10th, and 11th Circuits had all previously ruled that employers are required to provide reasonable accommodations for employees who are regarded as disabled under the ADA.<br /> Mitigating Measures<br /> In Sutton, the Supreme Court interpreted the ADA to require the consideration of mitigating measures when determining whether an individual has a protected disability. The ADAAA nullified this, stating that the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as:</p> <p>medication, medical supplies, equipment, or appliances; low-vision devices; prosthetics, including limbs and devices; hearing aids and cochlear implants or other implantable hearing devices; mobility devices; or oxygen therapy equipment and supplies;</p> <p>use of assistive technology;</p> <p>reasonable accommodations or auxiliary aids or services; or</p> <p>learned behavioral or adaptive neurological modifications.<br /> The proposed regulations add to this list surgical interventions that do not permanently eliminate an impairment. </p> <p>Simply put, if an employee's condition would qualify as a disability without such aids, consider the person to have a protected disability. There is one exception, however, for ordinary eyeglasses or contact lenses.</p> <p>EEOC example: If the only visual loss an individual experiences affects the ability to see well enough to read, and the individual's ordinary reading glasses are intended to completely correct for this visual loss, the ameliorative effects of using the reading glasses must be considered in determining whether the individual is substantially limited in seeing.</p> <p>Consistent with its special treatment of corrective lenses, the ADAAA prohibits employers from using qualification standards, employment tests, and other selection criteria based on an individual's uncorrected vision, unless the standard, test, or other selection criteria, as used by the employer, is shown to be job-related for the position in question and consistent with business necessity. In most situations, individuals required to take a vision test must be permitted to use their corrective lenses.</p> <p>Reverse Discrimination</p> <p>The ADAAA explicitly states that a reverse discrimination claim is not actionable under the ADA. Therefore, an individual without a disability cannot succeed based on a claim that they were discriminated against because of their lack of a disability.</p> <p>Recommended Actions</p> <p>Employers are expected to shift their focus away from determining whether an employee has a protected disability and towards ensuring that the company has adequately engaged in the interactive and accommodation processes. So consider making reasonable accommodation the cornerstone of your disability policy henceforth, and prepare to engage in the interactive process much more often than in the past.</p> <p>Remember, just because you engage in the interactive process, doesn't mean you are automatically bound to offer an employee an accommodation. Accommodations only need to be offered when reasonable. Unreasonable accommodations are those that pose an undue hardship on the organization, create a direct health or safety threat, or fail to help the employee successfully perform their essential job functions at the same level as employees without disabilities.</p> <p>In addition to shifting focus, employers need to:</p> <p>Keep abreast of the status of the proposed regulations, as well as any new cases that are brought under the law.</p> <p>Update policies and procedures to reflect the changes made by the ADAAA. Watch out for references to "major life activities," "substantially limits," and "regarded as," since the meaning of each of these terms has changed. </p> <p>Refrain from using qualification standards, employment tests, or other selection criteria based on an individual's uncorrected vision, unless it is job-related and consistent with business necessity. Also, remove any references to or requirements regarding "mitigating measures" from disability policies (the only exceptions being for ordinary eyeglasses or contact lenses).</p> <p>Examine existing ADA documentation. For example, documentation that asks a medical practitioner to assess an employee's ability to perform essential job functions should note that mitigating measures are not to be considered.</p> <p>Review job descriptions to ensure that those listed as essential functions are truly job-related and consistent with business necessity. Job descriptions are a good starting point for performing an individualized assessment of an individual's ability to perform essential functions, with or without accommodation.</p> <p>Educate all management personnel about the ADAAA and its accompanying regulatory changes. </p> <p>Advise all managers and supervisors to consult with HR whenever an employee requests an accommodation. Stress that it's imperative that they don't immediately refuse the request or retaliate in any manner against the individual for making the request in the first place. Also, encourage management personnel to share with HR any alternative accommodation ideas they might have.</p> <p>Reconsider past accommodation requests from current employees who were denied accommodation because the company determined that the employee's impairment did not satisfy the original ADA's definition of a "disability."<br /> Related Topic(s): Discrimination/ADA- Americans with Disabilities Act </p> http://www.undercoverlawyer.com/forum/topic.php?id=1303#post-11603 Fri, 13 Nov 2009 05:04:07 +0000 Neter 11603@http://www.undercoverlawyer.com/forum/ <p>Greetings i am a server at a major resturant chain and i feel i am being discriminated against, based on reasons that have nothing to do with my job performance but solley on the opinions of a guest on this servey. The rpt rates our lobby, hot food score, server attentivness and friendlyness, immediate gteets for our guest. i am currently in the red more so because the guess i have do not go home and complete a servey on me, (somthing out of my control)i have never been called into the office for poor in house performance, but yet i am penalized for guest lack of participation in servey. a the internet servey system our Company uses called (I.G.S.S). My hrs/pay has been drastically reduced(less days on schedual, i am made to come in at 8 instead of my normal 5 at latest 6-6:30 </p> <p>My new boss has instituted a practice of using a(old) monthly rpt to establish a "server class/level system" (a color coded system of green,yellow,orange,red)wich is used to expose diffrences among employees by how a guest rates them on this servey. This generates animosity, jelosey and feelings of unfair treatment with all employeesin my work inviorment. this rpt/instrument (I.G.S.S) is being used to put employees in a position to be finacially discrimnated against. Certain privledge and favoritisim are allowed to those who scores are good, and certain restrictions and bias'ness to those who score low. hrs are taken away, poor table sectioning, 8 pm shift starts(1/2 shifts) shift pick up denial/coverge (those in red can only pick up/cover for those in red, green for green, yellow for yellow ect.)</p> <p>I have spoken up and my feelings and they continue to insist on econimcally injuring me, others are scared to do so, by me speaking up and complaining to management i should be under a protected class yea? I want to calim discrimination, intentional interference with my prospective economic advantage i.e.(economic stagnation)(my economic intrest are protectable by law no? also emotional distress since this issue is causing instability in my home due to my high stress level and my un met finacial obligations ect. I will be 2 years with the company in march /or april and this rpt was never previously used by our prior manager to this effect, it all started with the new bully boss, and since i have had to stand this issue i feel i am being targeted! </p> <p>i asked for a copy of my personel file because of the problems serounding this issue so i can check thier records to make sure i am not being miss represented on papper since i have had to get into heated debate on this topic. i alsp requsted my schedual over the past 6 monts to show my decline in job abailabity and them starting me when half the night of over, when i should be warm up already im just getting started. thats the diffrence between of 50 or more dollars in my work shift starting at 8 as aposed to 5 or 6. I also requsted those sample or guset servey wich i currently have seven cause i want to see hot the look as a whole along with all the other in i mentioned</p> <p>What should i do?</p> <p>Can they do this? </p> http://www.undercoverlawyer.com/forum/topic.php?id=1283#post-11281 Wed, 28 Oct 2009 09:37:11 +0000 gchaves54 11281@http://www.undercoverlawyer.com/forum/ <p>Hey guys I finally got my decision in the mail and for the THIRD time in a row I beat my employer. The judge said my mistakes were more poor performance but not misconduct. Im just glad that justice has been served and that the good guys won despite all the lies and deceivery displayed by my former employee. I just want to say thanks to everyone on here who gave me all the good advice. I also hope my story of victory brightens the hopes of anyone else here who is currently going through the same ordeal as I went. So thanks everyone again CUZ WE BEAT EM WOOOOOOOOOOOOOOOOOO!!!!!!!!!!!! </p> http://www.undercoverlawyer.com/forum/topic.php?id=993#post-8119 Tue, 21 Jul 2009 11:32:38 +0000 sleeplessCOP 8119@http://www.undercoverlawyer.com/forum/ <p>** NOTE: if you do not have a credit card needed to process membership for the Academy Forum, Lulu is right - a debit card from your bank account will usually work ... </p> <p>or, now days you can buy pre-paid credit cards - $25, 50, 100, ... whatever amount works for you - the value is added at the cashier or customer service counter - they work like any other credit card up to the amount you funded ... it may also be re-loaded with funds as you need to continue using the card.</p> <p>... think you will find the Academy and new Forum very informative and useful - if you need further, let us know... s'Cop</p> <p>***************************************************************************************</p> <p>Join the Employment Law ACADEMY FORUM now!</p> <p><a href="http://undercoverlawyer.com/amember/signup.php" rel="nofollow">http://undercoverlawyer.com/amember/signup.php</a></p> <p>The Private Employment Law Academy Forum is now open for Charter Memberships for just $1 for the first month, and a super discounted $14.97 monthly after that. </p> <p>This special $14.97 monthly rate lasts for life, but you will only be able to lock it now. </p> <p>(clarification from later post) ...I will keep the intro rate of $14/month open through August.<br /> As of September 1st the price for new members will go up because the full Academy will be open -<br /> (the price for people who join before August 31 will remain $14 after Sept 1). </p> <p>When the full Employment Law Academy opens (in addition to the forum),<br /> the monthly price will go up to $47.</p> <p>The Academy will be THE place on the internet to learn how to defeat a bully boss at every level, including court. Don't let someone else get your spot at the low charter price. Join the Employment Law Academy Forum now! </p> <p>Your Friend in the Fight,</p> <p>Curt </p> http://www.undercoverlawyer.com/forum/topic.php?id=1296#post-11513 Sat, 07 Nov 2009 11:35:56 +0000 Recovering 11513@http://www.undercoverlawyer.com/forum/ <p>I was blessed by OYS in giving me her one time consult with Curt,the Attorney who started this web space for those of us being treated horrifically by our employers. I am forever indebted and grateful to the both of them for all of their help. </p> <p>"Curt" the Attorney who started this message board offers a consult with members of this board when obtaining the E-BOOK, but I want to point out that typically is a 20 minute consult for FREE, however "Curt" went above and beyond and spoke with me for more then a full hour, more like an hour and a half concerning all details of my employer issues, OSHA, EEOC rights and more, he actually is going to help me find an ATTORNEY to take my case ! </p> <p>If there are ANY who have ANY DOUBT what a TRUE resource this website is to employees being treated like trash, abusing workers rights, breaking the law in doing so and wonder if there really is any benefit to having someone like CURT or OYS , ON YOUR SIDE. Please take note that they go above and beyond in helping us victims, offering their time for free, and much work as many have already seen. </p> <p>I can not thank Curt or OYS enough for all the support and hard work, hours of hard work put into helping me with my employer, its outstanding and simply amazing! </p> <p>Just wanted to make a huge shout out about this as i have no other means to thank them in any other way right now! </p> <p>I was blessed in having OYS offering up the consult to CURT for my own use, but if any one gracing this message board has not yet gotten Curt's E-BOOK and consulted with him yet,you really should do so right away it will benefit you more then you can imagine as i have learned myself! </p> <p>Thanks again CURT and OYS !</p> <p>Yes I am wordy, I know, I am just so elated that I have some true hope of HELP ! </p> http://www.undercoverlawyer.com/forum/topic.php?id=1305#post-11623 Sat, 14 Nov 2009 07:26:24 +0000 employeepain 11623@http://www.undercoverlawyer.com/forum/ <p>I have been under a medical providers care since September 27, 2009 and receive a email from the preditor Vee regarding attendance.(new young manager who as it out for me) The preditor Vee has been in our department since about March of 2009 was when I notice her and she has not been nice. Since she has been there I have develope some odd medical problems and needed to use almost all of my leave of 5+ years in just about 3 months. Know I am faced with her bothering me at home to. Please help.</p> <p>Employeepain </p> http://www.undercoverlawyer.com/forum/topic.php?id=1137#post-9330 Fri, 04 Sep 2009 05:26:48 +0000 kendred 9330@http://www.undercoverlawyer.com/forum/ <p>Hello,<br /> I work for the city in my town as a dispatcher and ever since I transferred due to a knee injury from the streets as a paramedic, my Supervisor has had it in for me.<br /> I've never been disciplined in the fourteen years I have worked for the city I don't abuse sick time and I have never been late for work. </p> <p>I was in an investigation that was conducted by the city and for awhile they left me alone. Time has lapse and because I didn't know what to do, I did nothing hoping they would just leave me alone and let me do what I know to be my job. I say that because no set standards are in place yet, if they feel you have done something wrong, charges for discipline can be brought up against you. </p> <p>My supervisor has said point blank "You are never to speak to me" and when I wrote to her explaining and asking for the procedures, policies and standards of performance, I have been a target ever since. She never responds to anything I write and on one occasion I received a notice of transfer to the day shift. This creates a hardship for me because I'm in school and I take care of my mother's needs during the day. I went to the Chief of the Fire Department and he said it would be taken care of not to worry. </p> <p>I declined a second interview for a promotion on the day I was to be moved to days out of fear of entrapment only to receive notice from my supervisor that I would Not be transfered to days. This was in Oct 08, and on Sept 2 2009 I interviewed for another position but declined and the Chief's secretary called, saying the chief wanted to interview everybody that was on a New list, because he had thrown out the old list that wasn't expired and only African Americans were on that list. The whole process was changed so that a Caucasian female who is friends with the supervisor could apply and by the way she got the job. </p> <p>I received a Need for Improvement just days after my successful rating so that I wouldn't Qualify for the new position is why I wrote the Chief. And now I received another notice of transfer to days as well as my Lead who is Caucasian because they are mad that he worded the need for improvement in a way that wouldn't harm my record. I am so worried and afraid, I know she wants to harass me when I go to days and push me so that I will be considered insubordinate which will start the ball rolling for progressive discipline and fire me. </p> <p>I am a fighter yet with school and taking care of my mother ( and taking medication because of the stress being in there has caused) may be more than I can stand. Being on nights eliminated her from contently nick picking and the Lead on that shift is petrified of her, she feels confident that she will win. I am determined not to let this happen but knowledge is the reduction of uncertainty.....Please help me!!! </p> http://www.undercoverlawyer.com/forum/topic.php?id=1266#post-10971 Sun, 18 Oct 2009 12:26:39 +0000 Python 10971@http://www.undercoverlawyer.com/forum/ <p>Few of us are dealing with Big Potato Companies. If our fomer employers refuse mediation(EEOC's favorite fix)is it worth the fight? What gains have any of "YOU" made versus what losses or regrets? This forum is a good place for venting and mutual support but to what end? Whom? Among us has their success story. What was obtained? Good news from someone to keep us going would be a very welcomed change! </p> http://www.undercoverlawyer.com/forum/topic.php?id=1301#post-11572 Wed, 11 Nov 2009 17:44:21 +0000 Recovering 11572@http://www.undercoverlawyer.com/forum/ <p>This is a little pity party I am having so excuse me, but besides all we are going through with our work ( which allows us a roof, food and electric ) is the world literally this crazy? I mean so much going on, so many people in tribulation ! </p> http://www.undercoverlawyer.com/forum/topic.php?id=1298#post-11535 Mon, 09 Nov 2009 21:19:09 +0000 littlelulu 11535@http://www.undercoverlawyer.com/forum/ <p>I had my unemployment appeal hearing today from my attorneys office. DSHS management was at regional office. That group included the assistant regional administrator (who said virtually nothing the entire hearing but then she is really a pretty decent person so probably did not want to be involved in this witch hunt), the regional HR person who is a real puppet idiot and my ex-administrator who is a nasty, vindictive you-know-what (that rhymes with rich). It took over an hour. The administrative law judge let each side speak and then let me speak after my attorney was done. I told them why I feel this all came about - that my ex-sup had me do something she should NOT have done that could have gotten her fired. The ex-admin blew a gasket and said that the ex-sup (who is by the way related to her - another unethical issue) had been investigated and found to have not done anything wrong which could be one of the reasons the last regional administrator was demoted for unethical actions............The regional HR gal started blustering when my attorney cross examined her......I *think* I remained pretty calm and I answered all the question the judge had. When we got done, my attorney said, "You will get your unemployment" but after 4 months of NO income, I'm pretty nervous. **Please** think good thoughts for me that I prevail and don't have to appeal the decision of the ALJ (administrative law judge) if he doesn't side with me........... </p> http://www.undercoverlawyer.com/forum/topic.php?id=1300#post-11551 Tue, 10 Nov 2009 17:26:07 +0000 Msreck41 11551@http://www.undercoverlawyer.com/forum/ <p>I have been gone for several weeks due to computer problems. I am waiting on EEOc to begin the investigation. EEOC refused to offer ex-employer mediation. I am waiting on the eeoc to send me the employers rebuttal so that I can rebut their lies. Again I sit and wait. I filed charges in Feb 09 and EEOC finally issued the charges to employer in July. I am hoping the investigation is quick and when we get the results we are going to ask for right to sue letter and will then file a lawsuit in federal court. WE are not filing under title 7 (eeoc) but under section 1981 of the civil rights act. This way we are not restricted by time, money ect. There are no damage caps and I can sue my individual manager along with the employer. I have heard via my contacts that the manager is on probation and will probably be fired this month. karma!! lol and that the employer wants to talk with me about settlement. No way unless they offer me 2-4 years salary and benefits and all of my back pay for the last 9 months. OR they can keep paying all of these attorney fees for the next several years and then have to pay me anyway!! I refuse to give up!!1 </p>