Confidential
New Member
- Jurisdiction
- Pennsylvania
Hello,
My employer has an office in the state of Pennsylvania to where I report but company's main office is located in New Jersey.
I have a situation at work where my supervisor either yells or raises his voice to me. He sometimes does this in front of others. The first time it happened, he was reported to HR. HR investigated and ended up reprimanding him by issuing a verbal warning. However, this didn't stop him. He was reported to HR again, and HR started another investigation. HR spoke to numerous other employees on the team and found out that he was mistreating others on the team, - specifically members of the team that are not of Asian Indian descent. The team I work on has 4 white people, one black person, and 7 Asian Indian team members. The supervisor is Asian Indian as well. HR was told that the work load is distributed unevenly between the members of the team where as the non Asian Indian folks work weekends almost regularly but the Asian Indian team members don't have to.
In addition to this, we had a bunch of higher positions opened in our team but none of the tenured employees in our team were considered for them. It turns out that only Asian Indian candidates were hired to fill those positions. In fact, out of 7 new hires, only one person was black, everyone else were Asian Indian.
HR knows all of this and the most they did was speak to the supervisor again, and of course nothing changed. The supervisor's manager knows about this too.
It seems like my supervisor is speculating to our company that he is a minority, meaning Asian Indian, and that could be the reason they are not terminating his employment out of fear of a lawsuit against the company.
Now I few questions:
1. Can my supervisor really sue the company if his employment is terminated based on the reasons above, and I trust HR has the proof of misconduct at the very least?
2. In this case, can an attorney prove discrimination? What would be needed in order for an attorney to take on a case like this and what is the probability of winning if this goes to court?
3. Can I start a personal case - me against my supervision for insulting me and mistreating me? If so what type of lawyer is needed for this? I know this is not an employment lawyer, or is it?
My employer has an office in the state of Pennsylvania to where I report but company's main office is located in New Jersey.
I have a situation at work where my supervisor either yells or raises his voice to me. He sometimes does this in front of others. The first time it happened, he was reported to HR. HR investigated and ended up reprimanding him by issuing a verbal warning. However, this didn't stop him. He was reported to HR again, and HR started another investigation. HR spoke to numerous other employees on the team and found out that he was mistreating others on the team, - specifically members of the team that are not of Asian Indian descent. The team I work on has 4 white people, one black person, and 7 Asian Indian team members. The supervisor is Asian Indian as well. HR was told that the work load is distributed unevenly between the members of the team where as the non Asian Indian folks work weekends almost regularly but the Asian Indian team members don't have to.
In addition to this, we had a bunch of higher positions opened in our team but none of the tenured employees in our team were considered for them. It turns out that only Asian Indian candidates were hired to fill those positions. In fact, out of 7 new hires, only one person was black, everyone else were Asian Indian.
HR knows all of this and the most they did was speak to the supervisor again, and of course nothing changed. The supervisor's manager knows about this too.
It seems like my supervisor is speculating to our company that he is a minority, meaning Asian Indian, and that could be the reason they are not terminating his employment out of fear of a lawsuit against the company.
Now I few questions:
1. Can my supervisor really sue the company if his employment is terminated based on the reasons above, and I trust HR has the proof of misconduct at the very least?
2. In this case, can an attorney prove discrimination? What would be needed in order for an attorney to take on a case like this and what is the probability of winning if this goes to court?
3. Can I start a personal case - me against my supervision for insulting me and mistreating me? If so what type of lawyer is needed for this? I know this is not an employment lawyer, or is it?