Posted by Aline , Ali4of7@yahoo.com, on 9/12/01

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First of all, let me apologize for the lengthiness of this
post, I had intended to write a very abridged version, but
got on a roll and just kept going...
I work in a Long John Silvers restaurant in WV, and have
loved my job for over 3 years. In the past few months,
however, several things have happened which have lead me to
believe that my rights have been violated from the
beginning of my employment at LJS, and that I'm being
discrimminated against.
My boss had "recruited" me from another restaurant.He
requested that I apply for work at LJS, suggesting that I
might get more satisafaction than I had with the job I had
at the time.The shift he was offering was preferable, so I
agreed, and during my initial interview, asked if I could
be started at my then-current rate of pay, which was
slightly higher than minimum wage. He shook his head and
stated "I wish I could, but my hands are tied. I'm required
to start everyone at minimum wage."
I had two raises in my first year of employment... the
first after three months, another after six months, which
were based on written evaluations by my boss, who is the
store manager. At the time he was required to do quarterly
evaluations on all employees. I did not receive another
raise for over two years, and have had only those first two
evaluations. When I inquired early in my second year of
employment as to why he'd stopped doing evaluations, my
boss informed me that they were no longer required. I later
learned that he was still doing written evaluations, but
only on the employees to whom he intended to give pay
increases.
The need for Team Leaders (a non-management position of
authority) at LJS is tremendous. Although I have been
offered the position several times I declined the promotion
due to the shift requirements involved. I was told by my
boss and our area supervisor (my boss' boss) that there
would eventually be a ceiling on my wages, since a team
member can't be paid more than a Team Leader, who is in a
higher position of authority. I readily accepted that,
however, I still expected to receive periodic increases in
pay.
I have received numerous compliments on my job
performance from all levels... including a visiting
corporate vice president (LJS parent corp., Yorkshire
Global Corporation) who seemed quite pleased with my
performance, and also inquired as to why I haven't trained
for management.
Recently my boss hired two new employees who had prior
LJS experience with the intention of training both for the
TL position. One (male) had worked at LJS for eight months,
several years earlier. Our only current TL has obtained
other employment, and will be leaving soon, therefore the
managers need a replacement immediately. According to the
employee manual which was supplied to me at my date of
hire, an employee is considered to be a "new hire" if they
have been gone for more than 180 days. I made reference to
the manual over a year ago, and was told by my boss that it
was no longer valid, and that new, updated manuals would be
supplied. Over a year later, and after repeated requests,
I'm still waiting, and the "old" manual was still being
supplied to new employees until just a few weeks ago. My
boss refuses to supply the manual to me from one of
the "new hire packets".
The male employee was hired at a rate of 15 cents per
hour higher than what I was being paid after three years of
employment there. Since my request of a higher than minimum
starting wage had been refused, and I had by this time
accrued more experience than his prior employment period, I
was upset. I spoke to an assistant manager who'd worked at
another LJS, and was informed that, to her knowledge, there
was never a requirement to start everyone at minimum wage,
and that since I'd been "recruited" for the position, she
thought my request to start higher should have been
honored. I started researching EEOC regulations, civil
rights, Fair Labor standards, etc.. which I discussed with
another employee. The employee informed my boss of this,
and I was given an almost immediate raise, equalizing my
wages to that of the new male employee. I was not, however,
given an evaluation of any kind. The current (female) TL
was also rehired specifically to train for her current
position. She was within the 180 period and had several
years prior experience, but was started at a lower rate of
pay than the male, who has yet to promote, since it turns
out he isn't qualified for the position because he lacks a
high school diploma or G.E.D.
Another male employee was given routine written
evaluations and raises, although he was hired at a later
date than I was hired. The employee recieved hire wages
after two years of employment than I was receiving after
three years. That particular employee had received write-
ups for failure to follow procedures. A competent employee,
but his job performance was not superior to my own, and I
have never been written up for a violation of any kind.
The second new employee, also a TL trainee, was hired
about five weeks ago. I worked with her several days, and
she seemed fine at first, although somewhat stern in her
attitude towards existing employees. The following week,
however, her behavior towards me was rude, and I noticed
hostile glances which were directed towards me. It made me
very uncomfortable. Other employees and even customers
noticed and commented, but I couldn't think of anything I'd
done to offend her. After another couple of weeks, the
woman made an allegation to a TL, who was the "manager on
duty", that she had reason to believe that I, along with
the stores only assistant manager, were stealing from the
cash registers. It was a totally unsubstanciated
accusation, a harsh conclusion, which she'd jumped to
extremely quickly. I have never, and will never commit that
offense. On another occasion when I had accidently closed
my register, I gave a customer change ($1) from my pocket
(I asked another employee to witness the transaction), When
the manager was available, I and asked him to use his key
to open the drawer so that I could retrieve the bill. After
the manager left the room, the woman VERY LOUDLY asked
me "Do you need change for your drawer, because I SAW you
put that money in your pocket!" Although I knew what she
was insinuating, she didn't ask the question, so I just
replied no, that I had plenty of change. She again VERY
LOUDLY asked if I needed change, because she SAW me put
that dollar in my pocket. I did not discuss the transaction
with her, and she didn't ask me anything about it, just
made another inaccurate assumption. She is a new employee
who has yet to be promoted to TL, and I feel she has no
right to question my work or ethics, particularly when the
manager had personally opened the drawer as I requested. It
was, however, humiliating, and embarrassing. The woman
watches me constantly, scrutinizes everything I do, as does
her boyfriend, who is usually present during her work
hours... although employees are asked not to have friends
and relatives hanging around at work, as is clearly stated
in the employee manual.
A couple of weeks ago it occurred to me that her obvious
dislike for me began after I brought some pictures to work
from a weekend trip I'd made with my boyfriend, and our
children. I'm in a long term, and more than likely
(hopefully) permanent relationship, which also happens to
be interracial. At first I dismissed the idea of racial
predjudice, as I've never encountered that particular bias
before. I have since however, overheard the woman referring
to "those people"... "that's why we moved down here from
NJ, to get away from those people, they're all over the
place up there" .Then, a few days ago, I also noticed that
she decorates her vehicle with Confederate flags. Being
from NJ, I don't believe the confederate flags have
anything to do with southern pride, plus, another employee
has gotten visibly upset about statements the woman has
made to her about being very glad to be a bigot. The woman
comes into the restaurant even on her days off, and after
yesterdays World trade center disaster, she was today
making loud statements about "bleeding heart liberals"
being responsible for the catastrophy. She is very loud and
very offensive, and I'm very uncomfortable around her. I
told my boss today that I've reached my limit, and that I'm
not willing to listen to anymore predjudice remarks. I
didn't know he was even aware they were being made, but he
laughed, then said "Then it's a good thing you weren't here
to hear me yesterday" (refering to conversations which have
apparently been taking place in the aftermath of the World
Trade Center disaster). I was not amused. After three
years, I now dread going to work every day. I'm having
trouble getting to sleep at night. I'm constantly upset at
work, and about work. I have no appetite, and have lost
about 10 lbs in the past month (I don't mind the weight
loss, but this isn't a healthy diet). I have dreams about
being at work and I wake up in tears. I'm usually a very
content individual, rarely get into bad moods. But since
this woman has been at LJS, people are constantly asking me
what's wrong. As a result, I'm seeking other employment,
and most likely leaving LJS in the near future.
I've also been denied earned vacation days. In December
of 2000, I requested an assistant manager (no longer
employed with the company) to schedule my remaining
vacation days before the end of the year because I was
afraid I would lose them. He told me that I had until
January 31 of the following year to use vacation days.
Although vacation days do "roll over" for salaried
managers, the assistant was not aware that they do
not "roll over" for hourly employees. When I requested to
take the vacation days the following month, the general
manager informed me that I had missed the deadline. I
explained the situation, and he made an inquiry to the
payroll department, which he said was not answered. At the
time, I left the situation alone, feeling I had no options,
even though I had requested to take the vacation days prior
to the deadline.
More recently... the employee manual states that "an
employee in thier third year of employment" receives 10
paid vacation days in the following year. I was given 7
days, and have made numerous inquiries to my boss about
this, and since he can't see any reason for the
discrepancy, he's again made several inquiries to payroll,
which went unanswered. The repeated lack of response made
me also question the previously vacation days, denied due
to the missed deadline. I respectfully informed my boss
that I need a satifactory response to the vacation issue,
since I'll probably be leaving soon, at which point I'll
have to seek assistance outside of the company. Payroll
then finally responded that I received 7 paid vacation days
because as of 08-31-2000 I was still in my 2nd year of
employment. However, having been hired on August 27, 1998,
I was actually in my 3rd year of employment on 08-31-2000.
My boss also inquired of his immediate supervisor via
email reguarding the previously denied vacation days, and
the supervisor responded, stating that if I had reported
the lost vacation days to my (direct) boss at the time,
something might be done, but that I had waited too long.
But my boss had clearly stated in his inquiry that he had
made a request concerning the issue tp payroll at that time.
Although I've talked to my boss about the vacation days
issue, I haven't discussed the bigotted woman with him (or
the hostile environment,) because in the past when I went
to him reguarding a TL who was offending customers AND
stealing (of which the assistant manager, the manager, and
later, the supervisor were aware) he defended the TL... as
stated previously, TL's are in short supply, so apparently
ANY TL is better than none. I, on the other hand, although
an exceptional "service specialist", apparently have very
little value.
So... over the past three years, my boss and/or Yorkshire
Global Corporation...
... lied about having to hire me at the lower wage...
...hired male employees at higher starting pay rates
(and expected me to help train the man for a higher
position)...
...denied me written evaluations, needed to get deserved
and earned raises, thereby significantly
decreasing my income and reducing the amount of earned
income credit I recieved on my tax returns...
...given more frequent and higher raises to male
employees who were hired at a later date, yet did not
perform better on the job...
...has contributed to, and allowed predjudice racial
remarks and conversations to take place in the
workplace, and being aware that the bigottry is there,
has thereby allowed the workplace to become, and
continue to remain a hostile environment for me and
others...
...has, and continues to deny me vacation days which are
earned and due me. I can accept the 7 days if I have
to, although I was technically in my third year on the date
specified, but I really feel that II deserve to
be reimbersed for the days I requested and was refused...
...broken my heart, because I though my boss was someone
I could count on... I feel humiliated by the way
I've been treated, and ashamed for being gullible enough
not to have realized most of this until so
recently. My self-esteem has suffered greatly...
Do I have legitimate cause for action? What options do I
have? What charges can I file? And with whom? Do I need to
file individual charges with numerous agencies? Should I
find a qualified attorney who will work on contingency?
Yorkshire Global is a huge corporation, with a team of
expensive lawyers, and I feel very insignificant at the
moment. I don't want to file a lawsuit I can't win.
According to the information I've found so far, some
statutes of limitations have expired, but I wasn't aware
that certain violations were taking place until long after
they occurred.
I'm very glad to have found this website. I'll be grateful
for any advice I can get, but thanks in advance for at
least letting me "talk" about my situation.

Aline in Wv

UnEqual Pay, discrimination, denied vacation... any options?, 9/12/01, by Aline .

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