Re: suffering backlash

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On 8/28/08, kelly wrote:
> 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.

as a side note this was not discrimination for orientation it was
verbal harassement. does that make a difference?