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Do I have a case

Discussion in 'Discrimination & Sexual Harassment' started by Juan Rios, Feb 16, 2019.

  1. Juan Rios

    Juan Rios Law Topic Starter New Member

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    Please note I've had 3 managers in this and 1 HR rep. Not even sure how to start but I guess I will start from the beginning. For some reason my manager (1) was always using his position to have me do extra work. EX. Go 2 hours out because something is broken. Even though it could be fixed remotely he would insist it be done in person regardless of factors such as time, distance, and weather conditions. We also had paid meals after a certain distance, that was taken away from me but not my co-workers. We would travel and their meals would be covered while I had to pay for mine. This all came down from my manager(1) and his direct boss even though I pointed to the employee policy I was told it was expected part of my job and I did not qualify, I did not say anything else since I didn't want my co-workers to loose their benefit. Well my manager (1) was released and then his boss got downgraded to my manager (2). My then new manager (2) is very out spoken about our director being black and a woman. He was in another state so I did not worry about him much. However, before my boss (1) left I had expressed my desire to be promoted. So when I had my face to face with my new manager (2) I brought it up. He said he would work on it. Unfortunately, it was a very turbulent year for the department and I got "lost in the shuffle" and I didn't push as much with so many things going on. However, every time I was able to bring up my promotion I would ask, I was told that they were promotion freezes because of the shuffles. I accepted that until I realized one day early last year that a coworker who is in the same state as my new boss (2) had been promoted. Not only him but I searched and I found 3 promotions in our team and 2 of them are newer hires then myself. I raised the issue to which I was told I would be submitted for an expedited promotion and that HR had my paperwork. After waiting 3 months for HR I requested our HR reps information and my boss's (2) response was "Oh you want to go that way?". I said yes, I want answers. I contacted HR and he quickly called me and admitted they had no freeze in promotions and that I haven't been submitted. I pointed out the company roadmap for promotions that outline years of experience with position with responsibilities. I even made the case that I could argue for a 2 level promotion but all I was requesting was 1 level. HR told me to just put in the work and maybe my boss can submit me for a promotion next year even though I have been waiting for 2 years for a promotion. After some questioning my new boss (2) told me that my ex-manager was responsible because he always gave me bad rapport HOWEVER this was never expressed to me in any of my performance reviews (2 per year) or even reflected in my above average raises, I mean I even got praised in my reviews. I also have more experience then the other 3 people promoted put together. As for race out of the 3 promoted 1 is Latino and the other are Caucasians about 20-30 years old. I'm also Latino and 40 in case you are wondering. Well it was still a transitional year for the company and my manager (2) was let go by the company on good terms at the end of last year. So I was switched over to another manager (3) again out of state. I have never worked with him in the past. So we start of this year a new, during my initial review he mentions that my ex-manager (2) gave me standard feedback and a keep up the good work. He also realized I was injured last year and realized I was still receiving therapy, he should of read the paperwork before the call but anyway. My old manager (2) had me work OT and I ended up pulling my back but I was so busy I could not take off of work. I just kept working and even though I was placed on 15lbs restriction I was asked to work and just take breaks here and there as needed. Anyway, I told my manager (3) I was feeling better it had been about 4 months, I also took this opportunity to tell him what happened when I got injured with my manager (2). I was injured on a Friday and was off my feet that weekend, I had to sell my concert tickets. The following week I was in pain and finally decided to tell my manager. I reported the incident 4 days after the injury when my manager was trying to send me to replace 55" tv's. After 2-3 weeks I told him I wasn't feeling better and I hadn't heard from HR or Workers comp. As it turns out he never filed the incident, he then calls me and he is upset with me because he had to do paperwork. I know this because he literally said it. Anyway back to my new manager (3) he calls me weekly to see how I'm doing and keeps beating the good job and new slate drum. I'm feeling relieved and look forward to a new chapter. It;s like trying to work past an infidelity and move on. Some days it hurts and others are great. But I have not once mentioned anything about my old managers or anything about a promotion. I just wanted to keep my job and work. Well we get a yearly plan and in this includes your raise and a bonus. The bonus is a percentage of your salary. Normally the company meets expectation and they payout the full percentage other years they fall short and you get a partial percentage. Well we had a stellar year and the company sent out a communication that they are not only going to meet 100% but that they would add on an extra 15%. So as everyone in the company I'm excited to see my bonus. Well I got a surprise I got only a bit over 80%. When I asked I was given lip service and numbers and position and people and a pool of money as excuses. In the end it was my new manager (3) that gave me the docked bonus because he said he went off what my ex-manager (2) had as feedback. He didn't say much when I pointed out that I have never received any disciplinary action or even a bad performance review. Even my raises do not reflect this, I've had 3 raises and 2 of them have been well above average according to them. So I'm at a loss as to why I'm being left behind. My wife said I need a lawyer, I'm not going to lie this is taking a toll on me. I have no ill will towards the company but I do feel I'm being left behind.
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    Frankly nothing you said in that long post clearly indicates that you were subject to illegal discrimination. You've not indicated that the employer has a pattern of discriminating against Latinos, and indeed one of the 3 people that were promoted ahead of you was Latino. You mentioned that all three of them had less experience than you and all were under 40 and you are over 40. While it is possible that age discrimination was at work here, it may also be that the employer had other reasons why it thought the 3 were better candidates. The same for the bonus issue. It's not clear why you got less of a bonus, though perhaps the limitations from your injury played a role in that.

    In general, to make a good illegal discrimination case, you either need to show a pattern of the employer giving worse treatment to your protected protected class (e.g. a pattern of worse treatment for Latinos or people over 40) or you need some evidence that is the proverbial "smoking gun" that clearly shows that the reason you individually were treated worse was because of illegal discrimination, like say a memo or other statement of management stating that was the reason.

    And your post doesn't really show either a pattern of illegal discrimination or any smoking gun that would clearly show the reason that management treated you as it did was illegal discrimination. That does not mean that there was no illegal discrimination. Just that I can't see it from what you said here. You might want to see an employment law attorney who handles illegal discrimination cases to see if perhaps information you didn't mention here would make a difference.

    Finally, a tip for future posting. Try breaking up your posts into paragraphs and see if you can edit it down to the most essential points. Most people skip right over huge blocks of text like you had here. It's just too hard to read.
     
    hrforme and Juan Rios like this.
  3. adjusterjack

    adjusterjack Super Moderator

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    And I say you need to polish up your resume and see employment elsewhere. That's how you get a promotion and a raise.
     
    Juan Rios likes this.

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