Re: suffering backlash

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On 8/28/08, Terry wrote:
> On 8/27/08, kelly wrote:
>> On 8/27/08, Terry wrote:
>>> On 8/22/08, disgusted wrote:
>>>> So, being tired of hearing about the way our store manager
>>>> spoke to a coworker I wrote an annon. letter to our parent
>>>> companies executive v. p. (couple of notes here) harrased
>>>> employee is gay male-offending manager is male. district
>>>> manager is male and has office inside the store that this
>>>> took place in. - the tight knit friendship between
>>>> district and store managers is why I chose to jump as high
>>>> up as possible to make sure it didn't get "handled"
>>>> incorrectly.
>>>>
>>>> In the meantime I left the accounting dept. to return to
>>>> my previous position on the floor. I knew since this was
>>>> my wish that I would be giving up the 2 pay raises I had
>>>> aquired for going to the dept. 3 1/2 yrs prior. this
>>>> totaled 70cents and hour diff.
>>>>
>>>> It took the company 2 months before they changed the pay
>>>> rate. When it happened the district manager had a fit at
>>>> my HR person because she changed it by the .70 and he
>>>> decided to make it more. He had her change it down by
>>>> $3.55 an hour instead of the .70cents.
>>>>
>>>> This just happened to be at the same time the district
>>>> manager was notified by exectutive vp that the harrasement
>>>> had been filed.
>>>>
>>>> The Dm notified the store manager and allowed him to have
>>>> a closed door meeting alone with the harrassee. The
>>>> harrassee asked DM for a private mtg. which was agreed to
>>>> then on the day of mtg. DM calls in and tells asst. he
>>>> wont be in because it was nice out and he wanted to go
>>>> golf with... store manager.
>>>>
>>>> so when I get my pay stub I see that my pay rate is
>>>> horridly wrong. Store manager says- oh I knew you would
>>>> come see me when you got your pay stub. We had a bit of a
>>>> discussion- with HR present. It was determined that the
>>>> pay rate change was not correct and should not have been
>>>> done.
>>>>
>>>> The store manager took a very long time working on this.
>>>> DM is constantly "unavailable" and yet he is ONLY one who
>>>> can undo this. It has been 2 months since the pay cut and
>>>> harrassement notification. My pay isn't fixed and the
>>>> victim still hasn't had a mtg with DM and is forced to
>>>> continue to work with the store manager. Can't afford to
>>>> leave the job, not that he should have to.
>>>>
>>>> So, my guess here is that DM and/or store manger figured
>>>> out who sent the letter and all this is backlash for it.
>>>> Either way they are not fixing my pay. What are my options
>>>> here? Is it easier to take them up on just the pay problem
>>>> or believe that it is backlash and take them up on that?
>>>>
>>>> So complicated and every lawyer I find for employement law
>>>> only represents employers. No wonder no one ever wants to
>>>> file harrasement charges.
>>>>
>>>> Thanks for any help or info you can give.
>>>
>>> What State are you in? Whether retaliation for reporting
>>> discrimination is protected depends upon the answer to that
>>> question. In the meantime, perhaps you should consider
>>> contacting the VP again (this time not anonymously.) He
>>> obviously took action the last time; there's no reason not
>>> to believe he won't tell the manager to address the pay
>>> issue immediately.
>>
>> Nebraska.
>> I actually ended up contacting our HR in next district level
>> up and wasn't announ. I flat told them I felt I was being
>> retaliated against because of the letter I had written. When
>> they found out my complaint had gone to vp and not them they
>> were very concerened about how it was all handled at my store
>> level. They said they would be contacting the vp and start
>> working on this.
>> I ended up quiting last night because my store manager had
>> finally told me monday that there was no way my pay would be
>> anything but the $8.20. I called into work and said that I
>> couldnt work that shift because I felt that legally they would
>> say it would be accepting the pay rate and I wouldnt accept
>> it.
>> I told the local HR to pay out all my vacation at the current
>> rate and I would continue to fight for the rest.
>>
>> I've decided to start looking for a lawyer that specializes in
>> sexual harassement cases since thats how this all started.
>>
>> Any more advice would be greatly appriciated.
>
> The problem is that sexual orientation isn't protected by
> federal law nor by Nebraska discrimination laws (which is why I
> asked what State you're in.) Since discrimination based on
> sexual orientation isn't prohibited, the there are no
> protections for making a complaint of same and therefore any
> retalition that occured was not illegal.

thanks for the information. guess we will see what happens.