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04-22-2009, 07:27 AM
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Hiring Discrimination, Workplace Violence, Bias, Retaliation
If you work with a company that has all of the above violations where do you go. I have contacted attorneys for help with no result.
We are a diisability group. The company is a contractor. All of the above accusations are documented and several witnesses to each complaint.
Even with company documentation trail no one seems interested in this case. Am I wording my plight incorrectly and could this be the reason attorneys will not look at this.
We have gone to the EEOC in Oklahoma City, they say that our disability discrimination does not fall under their guidelines.
I do realize that we have several situations occuring simultaneously. But the company seems aware of the fact that they are untouchable and continue their practices as such.
Where can we go to get help?
Thank you
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04-22-2009, 10:10 AM
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Senior Member
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Join Date: Jul 2007
Posts: 1,888
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For the workplace violence issue, the answer is easy: you call police, IMMEDIATELY. Even if that call doesn't result in an arrest, it DOES generate a record of the indicent in police records (even without a report, the dispatch record of who called, what they said happened, etc. is still there). Not only does this provide "ammunition" if someone wants to get a restraining order, but it also puts management on notice that workplace violence is occurring and sets the stage for a lawsuit against the employer for "failure to protect" if LATER violence occurs and managment, having already been made aware, does nothing about it. (Check your contract with the company to see if this is specifically addressed.)
For the rest, it'll depend on a number of factors including WHY you think the hiring is discriminatory (and even if it IS, it needs to be among the listed TYPES of discrimination that are no no's). Same with the bias - bias in and of itself isn't illegal. Retaliation may or may not be an issue for the same reasons, and can also be influenced by whether or not there is some collective bargaining agreement or other protection in place (keeping in mind that Oklahoma is an "at will" employment state as well as federal employment law which allows employers very broad powers to hire/fire/discriminate as long as not based on age, race, sex, religion, national origin, or other protected items).
And of course the BIG issue is: if this company is a contractor (your group is paying them to provide a service), you look at the contract to see if it contains language that states that they can't do what they are doing (or that they agree to abide by various laws) and if so, you consult with an attorney about voiding the contract based on their actions and taking your business elsewhere.
__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.
http://www.aardvarc.org
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04-22-2009, 06:42 PM
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Moderator
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Join Date: Sep 2006
Posts: 15,249
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I tend to agree with aardvarc on this. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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04-22-2009, 10:11 PM
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Hiring Discrimination, Workplace Violence, Etc
The workplace violence issue: Yes, there have been 7 individual reports on this person taken to Management. He has been brought in on each charge. As ridiculous as this sounds, everyone that filed against him was reprimanded for something off the wall. The offender was changed to diffferent positions each time, and each position being better positions that others that are part time have been trying to get....3 postitions were created for this person just so he wouldn't have to work the people that he got into the confrontations with.
We took the matter to our Union Reps...Our Union Reps are more interested in pleasing the company, not helping the employees.
We took it to the parent company, they said The company could handle its employees anyway they wished. They had no hand in that...
I have never heard of so many violations within the company and no one will help us.
Everything we have is documented, by the companys own paper trail, and eye witness reports but this doesn't seem to be good enough.
I reported the incidences to the Parent Company and requested that they not take it to Corporate because we knew that Corporate would do nothing but we would pay for telling....
I took a second job on weekends to supplement my income...No interference with primary...
Two weeks after filing the complaints, I was called into the office and told that since I took a second job they no longer considered me Disabled and put me from 40 hrs a week to 16. Which also means since they put me non disabled status I can no longer apply for a full time position.
I have tons of records, Medical, and court acknowledging my Disability from a Closed Head Injury and a severe Back injury from an on the job injury years ago...
I filed a grievance with our Union...I was told today by the Union Rep, that he did is own research and attached it to my grievance and sent it to International to see if I qualify for an arbitrator.. The research he attached went totally against my grievance in the companys favor. I was dumbfounded..I thought the Union was supposed to be working for the employees.
This is only the end of the incidences that have occured, but a good example of what I have had to put up with working here.
They are making it very clear they are trying to get me to quit my job...
But I have done nothing wrong. I have been completely honest and up front with everything I have said...There are several employees that are witness to these actions. But still no one will listen to us.
When people go up for the full time jobs, the management continues to say they go by seniority. NOT.....she has secretly trained one employee for a position but posted it...when others went up for the job, of course the one she trained was the only one qualified.
The person they gave my job to, had no disability paperwork in, which is what we all had to do before we could even be hired.
Yet they call him in the office, put him on the phone with corporate and say Oh we made a mistake on your paperwork, and they fixed it...This is one of the new people that the offender verbally attacked again. This employee wrote a grievance against him, but lo and behold they give this person a full time job and never asked any one else if they were interested that had more seniority.
This is only a hint of what we deal with....What does this company have to do before someone will take them on... All the attorneys we called, ask what are the money damages any one has suffered.
We are a group of disabled individuals, trying to make a descent living, and these people know we have no where else to go to get a descent paying job...so they take advantage of us....
We are disabled, but many of us still have good minds and know when we are being used for their financial gain.
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04-23-2009, 12:36 PM
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Senior Member
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Join Date: Jul 2007
Posts: 1,888
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Since you have a union, everything related to employment issues needs to go through the union (one of the DOWNSIDES of having a union, sometimes). This is likely the #1 reason you're having an issue with finding an attorney - because an attorney is going to tell you that you are BOUND by union rules to address these issues via the union.
I reiterate about the workplace violence, or threat of violence: companies don't deal with crimes. POLICE deal with crimes. CALL THE POLICE in these situations.
__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.
http://www.aardvarc.org
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04-23-2009, 01:29 PM
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I guess I am no longer bound by the Union as I was just terminated.....
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