OMG. I’m actually dealing w micro aggressions, bullying and discrimination at my job rn. The crazy thing is the nasty, toxic behavior started w my black client whom I tried advocating for as she was actively being criminalized so that she could be kicked out of the school/program. Then as soon as I spoke up the targeting and bullying started w me. I’m so sad and confused on how to go about this bc it seems like I don’t even know the ppl that I’ve worked for the past four years now smh.
All of my black brothers and sisters here because of one form of discrimination or another God is with us God is for us we will win amen and amen! In Jesus name😇😇🤑😎🤺
Me too, and I still don't know if there is anything I can do. I'm gay and am considering a lawsuit against my employer but I have no exact proof of discrimination apart from the fact that I've been given no training, offered no promotions or given any real extra responsibilities. I want to sue or make a complaint at some point but I'm afraid I'm shit out of luck.
Im going through it right now I went to Corporate, its about to be world war 3. I am a black, Christian, Woman, with strong work ethics, I also exposed the quiet racism. On top of it, Im pretty.
I been at my job for 20 years. Numerous times I have seen discrimination towards myself. In 2015 I was caught using my cell phone out on the floor witch I admit it was wrong.I had no choice using my phone since management did not have someone relieve me for my break . So I caught using the phone and the supervisor takes me to the office. I thought I was going to get written up or maybe get suspended but management decided to fire me ! My union rep filed a grievance for wrongful termination and after being away fired for one whole year, the union got me my job back and received back pay.
This just happened to me last week similar I was on cell phone had emergency call manager walks in says am I on my lunch i say yes cause my mind d was lost cause news I heard then later on I went to my full lunch many people I work with take longer breaks all the time everybody on their phone on my team and suppose to be working the managers knows it
And suppose to be waiting for meeting from hr I got a call from hr and was ask questions I filed for agrievence they can't call me ask the questions over the phone
Absolutely. Management runs meetings in the mindset that you're already gone. Even a simple "how are you" gets a silent treatment of "how are you still here?"
Your videos are just damn excellent. I hope you never stop putting in the effort you do to educate employees in California of their rights in the workplace.
While you are correct in that it's more difficult to prove verbal discrimination, it would be inaccurate to say that you "can't" prove a verbal discrimination case. You certainly can with witnesses, solid pretext, depositions, etc.
@@braniganrobertsonlaw I didn't mean can't, I meant harder. Sorry, I lost a job after 4 days of employment because of verbal communication and body language. Still feeling upset
@@BM-vs5jg dude this just happened to me and it was because “poor performance” and I’m through a temp agency called express… which makes me a at will employee and it’s like I’m not explaining to the receptionist at the law offices in texas. I was threatened, harassed and I was the only black African American… no direct proof. I was contract first a specific start and end date for my evaluation hire… I don’t know what to do. His pretext is something I can back up
Some bosses just like feeling and engaging in that power trip, knowing your just an employee, straight up, them folks feel out of place when they don’t feel that power.
With the way they double speak and avoid answering questions they're likely liars by default. People like that are easy to manipulate for someone like me. I wouldn't even need a lawer. I'd break them and they'd wonder if they live a lie. It's actually a good question to ask to a liar. If your logic has been adding up where the other persons hasn't then they'll start thinking.
I am facing the results of having stood up against racial discrimination at work. I was a contractor in a fortune 100 company. I got laid off as soon as I reported the manager for being discriminative towards me. And then my employer just washed their hands off me. The recruiting agency is a Fortune 500 company and talks about diversity and inclusion. Such a hog wash! It has been 1.5 months now and my recruiter still tells me that he is unable to find any roles that match my profile. I am in tech for gudness sake!!
I am Apache from a rural reservation. I have worked as a software test engineer since 1998. I have seen many conflicts and disagreements at work. There is a wide spectrum of personalities with people from different ethnicities, backgrounds, life experiences, political views, religious upbringing (or none at all), etc. So, given the "mix" of different people with contrasting ideas in proximity, conflicts or disagreement should be expected. As a tester, my job is to point out mistakes at different levels and points of a process. I learned to be diplomatic and have a high threshold. I don't get offended easily and am not "far left, woke" with a knee-jerk reactionary approach to yelling discrimination. But rather, I prefer a nuanced, balanced approach with due process and willingness to simply talk things out if disagreements or misunderstandings occur. A good example is a visit to the main corporate headquarters in the Upper Midwest at one of my jobs. I worked remotely and had only been there a few times of the year. On this particular visit, it was early spring. I live in AZ, and winter is ideal for outdoor hiking or jogging in Phoenix. So, I was outdoors a huge amount of time that winter. When I got to the corporate office, a white engineer immediately asked me about getting "dark" and assumed I had been hiking. He seemed really surprised. I know a fair number of minorities would have been offended. Some would probably yell racism at that incident and say something like "that racist white guy is ostracizing me, a brown minority, for getting a darker complexion in the sun". However, I am not like that. I assessed the situation. In my opinion, the guy had simply been completely indoors for much of the entire winter due to the extreme, frigid weather of the Upper Midwest which is often well below freezing for days or weeks at a time. So, for him to see someone come in with a darker tanned complexion from excessive outdoor hiking seemed strange and bewildered. I simply assessed he was completely surprised people in Phoenix could spend so much time outdoors in the winter. It was a foreign, unusual (and unexpected) concept to him. I just told him I was training for a half marathon and hiked a lot with a smart watch to capture training metrics. I showed him the watch. He left it at that, then we discussed technical work. The meeting went great. I have high reverence for this coworker because he tried his best to help me secure a 2nd contract project in the midst of massive layoffs for that corporation with many jobs going offshore. He tried really hard to get management to fund a test project for my work as a lead engineer. It was clear he was going all out to help me while many people had contracts ending. The guy was not "racist" at all. But rather, he was the best ally I had that day given the context of meetings to secure the next project. So, I am more nuanced and do not yell racism as a "knee-jerk" reaction. I try to be balanced, nuanced, and stay cognizant of due process. It usually helps. With that said, I have experienced genuine racism such that even I get offended - the tester with a high threshold. I have found when such toxic environments occur, there is no recourse but to leave. But the "exit interview" is a very powerful way to get back at the racism such that their projects are disrupted, cut, downsized, etc. When real racism does happen that overwhelms a high threshold, one may have to leave. However, my exit interview at one project led to the end of one team that had been racist of a massive level of downright debauchery. But the exit interview was a powerful tool - a "Little Bighorn in the racist corporate environment" of sorts. I use it when I have to, but that usually means I have to take the fall and leave.
Great video. However, most companies usually start a paper trail against the complaining employee by starting to claim that their productivity, work quality, etc. are not declining, worsening, "insert any negative commentary". Companies do this to establish a defense for firing an employee with legitimate complaints. This is something I've seen in every single company I've been with. What does a person do in this kind of situation?
I just got laid off for unsatisfactory work. And for that I mean, they claimed my work and data was unsatisfactory (which wasn't true), that I lied to people (not true) and that I didn't trust some employees. The lab technician continues to slander me to upper management, and I have proven that they have harassed me.
Told I sounded like a Yankee all my life. Lived in the South and I was explained this very thing was happening to me but I didn't believe it. Started interviewing for the same position outside the Confederacy and was getting completely different feedback from my interviews for the same position and company just different locations. Now doing a generous six figure job.
At my job im payed less then everyone who does the same job as me to include new hires and I’m made to work twice as hard as everyone and if I ask why that is I’m called lazy and a complainer when even my coworkers notice it I really want to do something about it I’m so tired of busting my ass just to be belittled and threatened on a regular basis by my manager.
That’s me at my job I get all the crappy job while everyone get easy task and be on their phone and taking extra break I got tired of that and quit last week now they be calling phone since last week trying to talk to me I send them straight to voicemail smh…
Sorry you getting treated like that but if that's the case they'd prolly rather have you an many others like you doin all the hard heavy stuff for free pretty much it seems
There's quiet quitting that's often just a healthy response to a quiet firing prior. No question the execs have some off-the-record awareness of who to nudge away from the company.
A Great change is coming; people are waking up to their rights and these corporations will find out they are servants to the silent majority. Just keep fighting 💪 💜
My mom is a coordinator at a big medical chain. She gets paid 16$ an hour and has been there for 4 years. They have given her a 20 cent raise. They keep hiring more staff, same role as her, and pay them more. They’re all younger, all with less experience, and all started after her and she trained them) get paid more than her. They even hired her son, my brother, who is 25 and has zero experience, at $18 ($2 more than her). Can she take action w this for age discrimination?
I've needed these videos more now than ever, I will be contacting your offices ASAP, looking to hostile work environments for seniors and possible racism discrimination.
Do discrimination cases apply if the employer behaves discriminately towards you in an investigation into allegations? ie. fail to provide proper notice of charges, fires you and not the other co-worker for violating a policy, etc?
I just went through the same shit gets me but not others violations of the company but thel l be calling me to tell me what the resolution is going to be soon
@@Ced106 They mean people claim to fire you for other reasons instead of the real reasons. Suddenly someone just so happens to get fired for being late soon after it was found out they were gay. etc.
What happens when you’ve contacted every lawyer in the google search list and they all tell you the same thing “we can’t take your case because our case load is to full” and I have right to sue letter from the eeoc but only hard thing about my race discrimination case against target is that I can’t find a contingency lawyer or lawyer to fight for me this is a cold world. Your videos help me throughout my whole case
I'd write to the company saying that you have gone to the EEOC because you have not seen relief regarding your complaint and then say you are going to the media. Contact your local news station and write to them about your race discrimination case against Target. They'd love to tell your story because it's a race case vs. a large employer.
Because to them your the problem the enemy a Terrorist savage criminal believe in yourself all you want the system they work for is targeting you not trynna help they all in on it
You seem to be getting some guidance. Maybe I can help you as well. What exactly happened? This will help us understand the root of the problem. And by that I mean other than the systemic racism in this country. Help is to understand
I work for a company that sells and distributes packaging. I have been working for this company for 29 years. Many of the people promoted are friends or relatives of someone in Management. Many safety rules and regulated are not followed, but I do not want to call OSHA , because I do not want to lose my job.
Nobody will sack you because you are black or gay...they are not that stupid....they will find a mistake or wait for other suitable occasion to fire you. The question is how can I prove it?
The word find should be in quotes because they will fabricate a reason to justify your termination. I worked for as a senior engineer for a company for 6 years, no adverse evaluations, but there was discrimination. My company had strong policies against discrimination and exclusion, I never notified HR that I was being treated unfairly because I wanted to ignore it and not be signaled out, and I just thought that I continued to work hard and do my job that the people around me would suddenly and magically begin to see and value me as an equal. Even though I was a great engineer, my excellence was only enough to make me invisible. After 5 years I stated my opinions about my work circumstances honestly in one of those "anonymous" employee surveys, that marked the beginning of the end for me. You see, I was the only black engineer at that company, I was good, I had to be. My manager composed an elaborate work of fiction and called it an evaluation, as a result I was given a 30 day probation period. I successfully proved in writing that everything my manager alleged was false with factual evidence. After I proved the evaluation was false the result was that the reason for my probation was changed to, as stated by my manager's supervisor, "this is because for the past five years the rest of your team was doing all the work". I told him that that is definitely not true, it was easy for him to say because all of them had quit because of the management. Shortly after my probationary period the company had a round of layoffs and, of course, I was swept out with that group, neat and tidy, hard to prove. HR never actually listened to me but kept saying "if there is anything I can do to help, please let me know". The lesson here is act early in writing, get out if the company culture is inconsistent, and policy doesn't match actions.
@@Reginoid - This is happening to me now, and I'm in the tech field like you. I recently used my employee benefits to acquire my MBA and I just finished last week. They signed-off for the MBA but they didn't think I would finish, now they have egg on their face. Of course, my quality of work is poor and not done in a timely manner since I got my MBA. I'm 3 years away from full retirement too. The entire culture is unethical and illegal. I'm going to complaince not HR and file a complaint to try and save my job before they fire me.
@@unityaboriginelove6595 yes, that is a good idea, I almost reported my company to the government but it was already too late then, my manager had set his plan in motion.
I am currently going through an issue where according to the job advert, I was qualified for the job, however, they were not prepared to train/ onboard anyone in my position. I was about 1 month in when I realized that no one was covering the work that I was supposed to be doing after training. It was at that point I also realized that we were grossly understaffed. There has not been permanent leadership in over a year. Over the last 6 months, I have gone through 3 changes in leadership setup. 1 male from another department. 2 females from the same department and the male continuing on, the one of the females staying on and everyone leaving. The latter has been the problem. While the previous person couldn't train me, the current person refuses to train me and instead gave me a written verbal warning. They even went back to give me a warning on things that were understood to be fine during the time I was reporting to the male. I am not the only POC there, but I am the only black person. I am going to talk to the president this week.
I'm dealing with discrimination and nepotism in the workplace right now. it sucks. its a small company and all the new hires are commissioners family/friends and our office manager is friends with commissioner too. I'm afraid as soon as I file a complaint will be retaliated against. I have one boss (who the problem is) and his boss is the commissioner (who wants his people in and are now in the process of being hired). there is so much shit that goes on, not with just me but people who put applications in for past job openings (who actually have experience in the field) that didn't get the job because they give it to their family and friends. then the bosses soon to be SIL who has only been here 3 yrs has gotten $7,000 in raises and I have the same certifications as him and I've been here 7 years longer than him.
I'm hispanic and got fired for the same reason my caucacian co-worker got only a writte up for. I'm suing the former employer for discrimination, I was clearly treated differently. The defended file a complaint dismissal and got denied and they were given 10 days to answer my complaint.
@@usalbertbefore it settled did you’re investigator request to speak with you about the case over the phone first? My case is the exact same had to go through the civil rights Dept first filed a formal complaint etc. i just got an email today
I'm the only black or person of color at my company besides a key player that doesn't work infield. It's gotten so out of hand that even when business partners come to our office. I'm without shame referred to as... Oh, that's nobody but "The Help," in the back (and I have the same title as them) or and without shame make racist comments- Black dog, pet, little helper, the companies pet. I've listened to you're videos in the attempt to know how to handle this. I spoken with the head person in charge and there's been no change. I'm amazed that racism still exist on this level. And I'm praying for anyone on here who's dealing this as I can attest this is very painful but I'm praying for change in the hearts of people.
I am repeately watching your expert that I admire your work because you are the best explaining about discrimination case how to approach and prove. You are awasome and give me a hope. Unfortunately I am living in Canada but I belive the same idea has all round in the world about Human Rights. Thanks very much. I love you.
It’s real I wish someone will take my case . Much worse than only discrimination , attempted murdwr , blocking me from interviewing , defamation of character , hacking into my home pc and phone
atolliver91 sorry to hear you got let go, but this lawyers used a lot fancy words, but that’s all there is, I contacted this firm knowing I had a strong case and was turned down right away.. I got fired due to my mental illness, discrimination, and mostly punitive damages. I didn’t received any advice or help from this Brenagan firm.. good luck to you
What is the proper way to file a complaint if favoritism is involved when others are promoted. My supervisor never liked me when I had nothing to her. Also, does discrimination only apply to termination?
i was at the food truck on lunch at my job and the guy didn’t want to serve me .. he served everyone but me . i let HR know that i was discriminated against and she told me “it’s all in my head” months later the food truck guy called the few black people we have a nigga in front of management and they finally got rid of the truck only because a manger was there. but after that it’s been ongoing discrimination and in trying to build a case
I have a pretty cutt and dry case of religious discrimination then. I have ton of evidence. Thank you. I wish I had you here in West Virginia. I hired a lawyer. I feel he is good.
My boss is Asian American. I'm the only white girl in the department. I'm a good worker, been there 7 years. He has drastically changed my job duties. He told a new hire he put her with me because I was "sweet and nice" which is stereotypical of white women. One day he didn't put me on the work schedule. He claimed he had to make some changes and I could be "the helper" for the day. I don't believe him. He also groups people to do certain jobs based on race or nationality. "His people" are from Laos so he puts all the Laos people together working a job. The majority of people are Nepali and he will either pair me with an African or the only other white person. It's clear what he thinks about me. So I'm not saying anything to anyone. My boss has made it clear so I'll be weighing my options to leave. I work hard, constantly prove myself to him by exceeding standards and he never says thank you but compares me to others. He has convinced himself because I am white I am not as good as Asians which isn't true
I came to USA with CGFNS Visa Screen certificate, acquired US citizenship years back, license to practice in 3 States including California. On entry to work, all requirements were met. In 2017, everyone got promoted except me because I am required to submit university transcript to CGFNS as credentialing school to make sure I am legal in USA according to HR. My certificate met federal standard base from CGFNS. Then HR admits the credentialing school given to me during my entry ( in 2009) was their fault and need to update. Worked for more than 11 years in this company. I find this unfair.
Great question. I generally tell people to go to the Board of Directors. If CEO is in control of the Board, send your complaint directly to the CEO. I know that sounds awful, but there is not always a perfect solution. But it is very important to complain in writing.
Why am I being told that winning a discrimination or retaliation case in California is damn near impossible? Why are the odds not good? If a judge and mediator are being bias from the beginning, that is a problem. If the facts are in front of the judge, then he or she should not be siding with the agency.
Sadly, racism and ableism is widespread. Regarding racism specifically, a Harvard study found that the majority of people are racist against black people (at least 70% of the majority group are). So it's not surprising that discrimination can permeate even the justice system
the bigger the company, the harder it is to win the case. Big companies try to "out lawyer" the employee by dragging out the case. They know your lawyer is charging you for service and they want the case to take up so much time that you run out of funds to pay your lawyer to keep up the fight.
@My2 Cents Very true. It is even harder for federal employees though. They are so backlogged with cases and just try to close them out even if an agency is guilty as hell. They also know most people will not be able to afford a lawyer. The investigators, AJs and agency all seem to work together to make this happen.
Because to that system they label you A throw away government property you get find if you get a tattoo without permission they label it destruction of Government property to them You're expendable property All blacks deserve reparations for Government discrimination
I'm nervous because I wish i saw this video earlier. I could lose my job this week. It wasn't written but I do have proof that I spoke with someone (customer service agent) about the potential discrimination I've been under(does that count). I feel terrible for speaking out even tho I'm the victim because enough my clean record of never being fired is at risk
What is it called when you are protected class. You start making complaints to your supervisor and HR because your approved accommodation hasn't been implemented (been several months) but then get terminated for an unrelated incident where an investigation was done but you were never interviewed but just fired? It looks like the company could fire them for performance because of the accommodation not being in place so finds something else to get rid of them. How can an employment attorney help when a company finds a way around the protected status?
It's called pretext when an employer says you're being fired for something fake (like bogus performance reasons) but is really firing you for a discriminatory one. I made a video about pretextual terminations.
I was fired today and I’m a victim of domestic Violence and sexual harassment/assault yet none of them have been fired. I’m a man and it’s not right how I’ve been treated
I'm in treatment and have been 8 months sober from alcohol. My boss has let it be known to everyone in the workplace about my addiction problems and the look down on me and look at me as some sort of drunk, degenerate. Again I haven't drank in 8 months and he always makes remarks jokes and ask if I been drinking. I want it to stop and just be looked at as a normal person. I feel like everyone looks at me as less than because my past
I'm the only Muslim at my Job, & I'm African American, ,I'm 1 of the hardest if not the hardest worker in here and they don't allow me to advance in here, they keep me doing the floor cleaning, they keep hiring white,& Hispanic men and training them to advance but when I ask to be trained then they say we don't have the time to train you. Im definitely feeling like I'm being discriminated against because I'm blk & a Muslim, & I've had conversations with my Boss & he let me know he's not a fan of Muslim, & we had a Muslim working here who left because he felt the same way, I just want to be treated like a American who wants to earn a honest living & have a chance to better myself and family
I am facing this and forced to work for no pay. One or a the coworkers hit my car today when I was reading in the library and left before could catch them One tried to run me over with their car on Sunday night and have eye witnesses, They steal my data Do illegal electronic surveillance Hack into my home pc Block me from new job Don’t pay me and I lost 90 lbs, starving to death Please take my case before it’s too late
My doctor framed me and mutilated me in secret over race and disability but I cannot find anyone to take me serious. Every day I am been suffering with my new undiagnosed disabilities since 2019. I know this video is about the work force but I really wish I knew what to do. All other doctors and hospitals have tried nothing less then to help cover the whole thing up.
@@Classicbeauty857 what's a press/blog, u mean like the news??? I probably will because it's definitely true and I got evidence but nobody even wants to look at it. The State Medical Board refused to review all evidence and tried to close my case as soon as I told them I had it. I haven't reached out to police because I already know they won't do anything and tell me to just hire a lawyer and lawyers won't take my case because they said I need to be dead in order to have a case and another lawyer told me they can't take my case because since it was intentional the doctor's insurance company most likely won't pay out anything.
Do you do Fed or state court? The title 7 protects you if you file to EEOC and get fired in retaliation within days. Even if the underlying complaint was not illegal and it’s only done in good faith.
Im going through the HR process right now. I sent an age discrimination letter and meet with them on Thursday. I am the oldest person at my job. My managers are half my age. I've been passed up 3 times for younger, less experienced people with less seniority that I helped train. They never tell me beforehand they announce it and they never tell me why I wasnt chosen. Ive never been written up or had attendance issues and all my co-workers, besides management, were rooting for me. Now I feel like I can't lift another finger for those people again. I have my dignity. Do you think I have a case? I am currently working under duress. Can you help me from here? I am in Elizabeth, New Jersey.
Because of Race I am Urdu speaking and my exinlaw is punjabi speaking Since 6 Years I am treated badly harassment, discrimination and bullying by Exinlaw
Dr Branigan your videos are really helpful during this difficult time for me, I'm kinda close to trial for discrimination against disability. Your advice has helped me understand what my lawyer has done and continues to do-- he is great. One question I was hoping to get an answer on, I was fired from an internship but then was dismissed from a graduate program, so it's a bit different that just employment law. Do you think most of the advice still applies from this video and a few others?
Hello Mr. Robertson, I’m currently an employee (3+ years) and have been forced to leave my position after a new Plant Manager was hired. I was told that the reason for the move was because he wanted to bring another Mechanic in on our shift..I was also told to keep this between me and the Plant Manager, by the Plant Manager, which raised suspicion in me..I’m also making less money than new hires and temporary workers hired for assignments. Is there anything I can do about this?
I am Native American and an engineer. A common type of racism (in my opinion) in the work environment is bullying. Another common type is lack of recognition for some accomplishment at work or gaining related credentials. But the problem is that the perception of racism varies widely. In the case of white management, I have found that many often use the extreme definition of racism to label someone as "racist": slavery, klan membership, Nazi-based beliefs, etc. Other categories are often unrecognized or dismissed: colorism, subtle racism or microaggressions, etc. So, where is this comment headed? The point of my post is "playing the game" as the lawyer stated. Long ago, I watched a talk show with African American corporate workers who were confronted by another African American who said they were "sellouts" against corporate corruption. One of the minority corporate workers said "We are not sellouts. Some of us just know how to play the game." At the time I saw that, I was about 22 and had no corporate work experience. Decades later, I now know what she meant. My interpretation is this: racism can still happen. But the "game" is such that only the extreme forms of racism are usually recognized by white management. The other forms will be blatantly dismissed. If one tries to "prove" it and rebel, then the worker will be labeled as the problem. Meanwhile, the actual pattern of racism gets neglected. Historically, this was common at some corporations. To be fair, there are recent progressive movements to address racism. Recently, I was at one company where the executive over there tried real hard to address racism in its blatant and subtle forms. But there were still gaps. Casteism among Indian workers was overlooked. Colorism was not addressed specifically either. But they made a lot of progress. I know racism can get really complicated, and Marcia Clark's inability to understand the "other categories" of racism led her to lose the OJ trial. She ignored subtle racism and colorism. As for California, here is one common scenario that could get really complicated. Let's say a Spanish-speaking Mexican American worker claims that he or she is dealing with discrimination for speaking Spanish in the work environment. The worker claims the "white manager" was discriminatory. But then it turns out the "white manager" was actually 1/4 Kiowa Indian from Oklahoma and counters by saying Colonial Spain then Mexico had slave trade and scalp bounty system to kill off Kiowas and Comanches during that period of warfare around the 1600s to 1800s. Meanwhile, Colonial Spain then Mexico destroyed numerous indigenous languages and replaced them with Spanish. How would a lawyer navigate that? It can get really complicated with colorism. It would seem like lawyers can get overwhelmed in such complexities. As for me, I have a relatively high threshold and don't readily "accuse" a co-worker of racism. I had one female co-worker dress up as a Native American maiden for Halloween. That didn't even bother me. I just didn't care. I thought it was just a routine Halloween party at work. But I know some Native Americans who would get very offended and claim discrimination. I found that a lot of "racist" conflicts can be resolved with iteration and clarification. Was that person really trying to be racist? Would it help to talk things out before making an official complaint? Sometimes it does. Other times, an official complaint is necessary. The one racism I witnessed that I just couldn't tolerate was when a white woman was making fun of the appearance of a minority child. I just couldn't handle that and complained. The white management took her side. So, I resigned. But in the exit interview I elevated it to their management. Ultimately, she and some of her friends in that "inner white circle" were fired. I learned from that experience that the exit interview is powerful if written with details and rationale. Now, in the engineering environment, there can also be sexism and ageism. The IT industry is notorious for ageism. I know an excellent Polish American engineer who resigned in disgust from the ageism. He could have easily worked another five years. I know a female manager who was excellent but dealt with subtle sexism like being excluded from important meetings and decisions. Discrimination is often subtle or sophisticated. A good phrase is "ostensible practice of non-discrimination at work" when it's actually not.
Question: the HR Manager is the girlfriend of the manager, who is discriminative against me; the CEO of the company is a best friend of my manager. What options do I have?
Check this one out.... yea it's from 2004 and in NC. I would do it again in a heartbeat only to discourage this employer from doing anything like that in the future, and yea I had to navigate it myself with only the help of the EEOC.... EEOC was extremely helpful. An exercise in real life legal “chess” follows. I decided to capture it on my lunch break. Wacky but very true: Oct 2003, I was diagnosed with Hodgkin’s Lymphoma, unable to fly, per FAA, during treatment (I was a professional corporate pilot at the time). Notified employer/CEO in person of my circumstance (fyi, this is a family owned business). CEO told me to take disability, get better during treatment. CEO told me they’d get a temporary ‘contractor’ during my absence. CEO assured me I could return to my employment after treatment ended and FAA medical clearance was obtained. Employer/CEO did not offer any work alternatives. I notified employer/CEO approximately 1x per month of treatment updates, and expected treatment finish date with return-to-work plan. In June 2004 I received FAA medical clearance to return to work. I notified employer. CEO invited me to meet in person, 1 day after my notification of intent to return to work. During meeting, I was told that employer would be using ‘contractors’, and that I would no longer be employed, because the ‘full time employee’ position was eliminated. I was offered 3 months of remaining on the payroll as ‘severance’. Through some investigation of my own, I discovered that the ‘contractor’ (per IRS rules), was classified as an ‘employee’ who was being paid ‘under the table’ (illegal tax avoidance). I asked for and received a signed, company letterheaded, letter of recommendation detailing my excellent performance on the job and the company’s elimination of the pilot position. I contacted the IRS in person and discussed the employer’s tax avoidance scheme. I discussed ‘contractor’ vs. ‘employee’ and tax implications with employer/CEO, and my concerns about discrimination with regards to my employment. CEO dismissed my concerns and told me “You’re lucky you’re still on the payroll. Most people would have been let go immediately” - This is verbatim from the CEO of the company at the time. I filed a charge of discrimination under the laws of the ADA (Americans with Disabilities Act), with the EEOC (Equal Employment Opportunity Commission). I also consulted with an employment law attorney. The attorney advised of the At-Will employment law, and the challenge of overcoming the ‘burden of proof’ that rests with the employee in this circumstance. Through the ‘grapevine’, I discovered that the ‘contractor’ was fired. This occurred at about the same time the discrimination charges were delivered. This was still during my 3 month ‘severance’ window of which I was ‘technically’ an employee. I filed for, and received, unemployment benefits after the ‘severance’ ended. I discovered that the employer truly did eliminate the pilot position, even though they now had a multi-million-dollar airplane that sat without a pilot for about a month. I was notified of an opportunity, via certified mail, to interview for a pilot position with the employer (the same position I held prior). EEOC advised me to interview (in sum, unemployment benefits law dictates that you cannot turn down employment). I applied, interviewed, and was turned down for the job. I was told that the company decided to hire a more qualified applicant. EEOC advised me that the company could likely offer me a different (non-pilot, possibly minimum wage) position, and I would HAVE to take it or lose unemployment benefits due to unemployment law. I elected to voluntarily cease unemployment benefits for myself (yes, it is getting expensive at this point with no income, having to pay for COBRA insurance on top of that, medical deductibles, you name it….). With a pre-existing condition prior to the ACA, there is NO other feasible alternative to COBRA. I was also interviewing with other companies at the time, trying to find employment during this entire process. By voluntarily ceasing unemployment benefits after I had interviewed, the company HAD to avoid true discrimination (a retaliation charge, technically) by either: 1. Employing me or 2. Employing no one, for the pilot position. The employer elected once again to employ no one and let their airplane sit. I had to laugh about that a bit, just imagining the other (more qualified) pilot that had been offered the job but was never paid and had his job offer rescinded. The absurdity… LOL…… BUT still legal. After some time again, around January or February of 2005, I was invited to discuss the matter with my former employer’s attorney at the EEOC office. I accepted the invitation. I was offered the job. Coincidentally, I was already employed at a new employer. Therefore, I declined the job offer. Besides, who would want to work for an employer that hires and fires several times over per year. They could now legally justify that as ‘normal, non-discriminatory behavior’ for the position since they did it to 2 other pilots also. I could just see it now, taking that job back and getting fired again the next day…. *P.S. Here’s how the conversation went in the EEOC office with the Attorney: Attorney and I talked a bit (I have the notes somewhere I’m sure) then it came to this: “We would like to offer you the job in exchange for release of the charges” My response: “I would consider it. I would like to speak with him first (CEO)” Attorney’s response: “I’ll see if he’s available” That was the end of the logical part. After a week had passed, I had heard through the grapevine again that “some pilot interviewed but didn’t want the job” The unspoken logic from above is: 1. CEO was “not available”. 2. I didn’t release the charges for another week because I didn’t want the job (and didn’t want it advertised to my new employer that I had accepted the old job again). 3. I did release the charges after I heard about “the pilot that didn’t want the job” (ME, of course), because they were worthless at this point anyway. Notes: Always get a letter of recommendation first. THAT was the essential catch to all of the rest. I couldn't just "go away". That is 'immoral' in my book. Final thoughts: Scary experience for me at the time, but on the other hand……. IRS audit of a 2000 employee company + legal defense + letting a company airplane worth 5 million sit for 6 months + Listening to former co-workers, friends, etc. use descriptive language about (CEO) such as “Dirtbag”, “Worthless”, “A-hole”, “Jackass”, “What is wrong with (CEO) lately?”...... priceless.
I have a quistion I got a job at a well known company as a casheir. On my orientation day myself two other new employees and a manager were in the camera room and the manager was explaining the functions of the camera room n how they watch employees as well as customers. Putting emphisis on how she used to be a cop and all her freinds are cops and how they can find information on anyone. Eventually it was brought up how they "do not" discriminate. However I believe it's contrary to what she had just said because she emidietly used me as an example of how she or someone could discriminate against me based off of the way I look saying 'he showed up at orientation looking like a thug.' At the time I didn't think much of it so I didn't object. However thinking about it later I don't see why she would have brought that up at all if that is allegedly not an issue and I should note she did not give examples of how the other employees could be discriminated against based off the way they looked. So my quistion is can I make a note or complaint about the situation? And if so to who?seeing as how she is the one that usually handles complaints. Also next time would it be a good idea I speak up and say something like. Please do not use me as an example to prove your point and I'm offended by your comment and the fact you would choose me and point out my personal style choice when we have nothing in our dress code that says I can't look like this. Also later that day I was asked to remove sunglasses from behind my head. When previously I was not told anything about the subject. I just feel I should've been told I can not wear sunglasses prior to that.
I am a veterinary professional who has had several board appearances since retirement age. I came into a situation where I was the new head of a practice. I ran into a lot of resistance. That led to board complaints. I had complaints at the beginning of Covid 19 because everything became curbside. The board could only come up with record keeping as a complaint. But in the administrative hearing ; I was asked by the board head ; a veterinarian, “. What year did I graduate? As well as When do plan to retire permanently? . Is this proper?
I have lost so,many jobs because I'm discriminated against I have serval disabilities and the boss always bully's me and upsets me on purpose because they want me to quit because they know they can't fire me. So many times iv had nervous breakdowns wile in-between jobs.
me too wait get hired then tell em u disabled they get mad u lied but u can't overwork disabled people it'll piss me off but hey there's a discrimination suite
They could be testing you. Hazing. To see if you'll make a stand against them. It could be because they want to see courage from you. If you act like an easy target, you will be. You are clearly fragile. I am bullying you. Unlike them though I'd say fight back. Personally I'd want it. Bullies will always buly until you fight back is what I'm saying here. Just do it calmly with using good logic. Do it without hding behind the law and they might even respect you. Easier said then done, I know. Also you might have got fired, quit or changed jobs by now. But my point stands.
my lawyers settled for $50,000 and i got a cut of 33% and they kept 67%. i want to file a grievance against this firm. i filed a lawsuit back in 10/19 for discrimination, wrongfully terminated, mental illness and violation of meals and breaks. they only filed meals and break and ignored the rest of the lawsuit. I don't know what to do. any subjection? they said $80,000 of administrated fees were spent in this case. No trial, no further action was taken beside from one mediator over the phone, so lots of time was not spent in this case. i got let go after the owner knew about my Sever ADHD disability and Bipolar personality disorder. please tell me i can still fight back. my lawyers worked for the defendant and took advantages of my mental illness. no write ups, great performance, always getting complements from clientele and such. once he knew about my ADHD and BPD i got let go 4 days later
I always just say the best thing to do is get another job where you can be treated fairly and adequately. My theory is it's better to have a lot of jobs for us employees to choose from rather than fighting companies over discrimination etc. Employers need to compete to KEEP an employee. Instead it's the other way around because we have a lack of jobs in this country (even though we're told the unemployement rates are low). I mean, you can get a lawyer and maybe, just maybe, you'll be lucky to get a settlement, but then look at all the time and energy it sucked out of you. And then there's your reputation for the next employer. At the end of the day, I think it's better to be an ass kisser, play their game, then get another job.
i am one of the most influential people in Somalia i amine of the humanitarian workers and i still feel the challenges from the staff who are more discriminating with me than the rest of society So, since I watched a video of you talking about discrimination in the workplace, I kindly ask you to advise me. Thank you.
I am in Georgia and need legal advice. I am being discriminated against and retaliated against with my employer because of my disability. Please reach out to me at your earliest convenience. Thanks.
Im being racially discriminated at my job. I have recordings of my HR rep telling me to get over it and my coworker that discriminated against me apologizing to me for treating me different and trying to get me fired. What are my options? The HR rep called the police on me while I was waiting for my uber because I couldn't leave immediately. The police told her that she was in the wrong and had to ask her to leave me alone.
And the bosses turn a blind eye. I even went to HR about why im the only one being watched about my breaks and they never got back to me yet everyone else take longer breaks.😒😑
Is it worth complaining to HR if the behavior of the coworker is disrupting workflow and productivity? The supervisor tried to resolve the issue but could not.
Sir, HR was the one who discriminated me. Black male threatens me a white male and the black male gets 1 week suspension but because I brought this to HR's attention I got 4 week suspension and forced to go to therapy because the day prior to being assaulted (verbally threatened) I had brought up OSHA violations to the company rather then reporting them. Long story short, I lost 4 weeks pay (about $5,000) on top of that I had over $15,000 in medical bills over the situation my property was stolen from me (lock) as well as working for not only for free but being charged money for work. This was in Michigan.. lawyers here who are advertised as labor lawyers say they do not practice labor law. Department of labor has said I may have a case and asking if I would like to press charges. Meanwhile I am out over $20,000 in damages and still rising. Anyone got any advice? Also, I have all of this in writing.
I knew a man who made a nice salary as the city manager. He was weeks away from retirement and the city presented him with an award. A short time afterwards, he sent his office assistant out to the store to buy a frame for the award. The frame cost $6. They fired him for misappropriation of funds for the $6. He sued but lost the case and his retirement pay.
I have a wrongful termination discrimination case pending currently, I have multiple witness statements , pictures etc, this happen in feb. I have a lawyer but how do i know for certain she is doing a good job?
That is a great question. For clients, it is very hard to know if your lawyer is doing a good job or a bad job. As a rule of thumb, if your lawyer is communicating with you, taking the time to answer your questions (don't pester them though), and keeping you informed as to where the case is at and where it is going, then you probably have a good lawyer. However, if your lawyer is extremely slow to respond to you, doesn't have a system in place to move your case forward, or ignores your comments or concerns, then you might want to become more proactive.
@@braniganrobertsonlaw Thank you so much, I usually only reach out maybe once a month with the understanding my lawyer has a heavy workload. As you know most people don't expect to ever have to enlist the services of a lawyer so it gets tricky to gauge like you said what is a good or bad job. Your videos have been the most informative so I look to them to gain more insight, thank you for your time!