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HOW would you recommend pursuing a situation where an ...

Sent to Legal Experts November 28 2007 at 2:34 PM
   

HOW would you recommend pursuing a situation where an employer plays favorites? It is to the point that it is rapidly becoming a hostile work environment. Some employees are approached very harshly, while others are included in the bosses personal life. Standards of work are not consistent for all employees. HR does not seem to help.

 

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Minnesota

Already Tried:
talking to the boss about her behavior. Talking to her boss and HR.

Customer (name blocked for privacy)
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November 28 2007 at 2:47 PM (12 minutes and 53 seconds later)
         
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November 28 2007 at 2:54 PM (7 minutes and 8 seconds later)
         
There must be a law or Statute that would help me in my discussions with the boss.
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November 28 2007 at 3:19 PM (24 minutes and 19 seconds later)
         
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November 28 2007 at 3:23 PM (4 minutes later)
         
Thank you. I just think that after being a loyal employee for over 30 yearsI deserve to be treated fairly. Why should her "friends" be given more time off during the holidays? It isn't right.
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November 28 2007 at 3:30 PM (7 minutes and 8 seconds later)
         
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November 28 2007 at 3:33 PM (2 minutes and 57 seconds later)
         
There is no law or statute you can advise me of for the time being?
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November 29 2007 at 5:33 AM (14 hours and 28 seconds later)
         
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Hostile work place refers to behaviors in the workplace that contribute to discrimination and harrassment under the protected status of Title VII, such thing as: racisim, prejudice, sexual harrassment, etc. There is no law that specifically deals with a person who is crass, recalcitrant, and over bearing. Bat bosses exist everywhere.

It is a createive stretch, and you would not want to use it in the work place for negotiation, but:

1. If she continues to escalate her behavior, she could end up committing an assault and or a battery, which could result in you filing criminal charges or a civili law suit for badgering and harrassment. But this is a stretch right now and is not yet at that level.

2. Under the equal pay act, if the favortism reaches a point where other emlpoyees are experiecing benefits that you are not, you can file a complaint with the EEOC or file a civil suit. The EEOC requires that employees doing the same or simlilar work get paid similar wages and benefits. Benefits (fringe benefits, etc) are cosidered part of compensation. It has occured in the past where bosses have played favorites to the extent that fring benefits developed. For example: extra time off, extra vacation days, special parking lot spaces, use of executive wash room, access to the corporate face, etc.

3. Finally there is restraint of trade. If the disparate treatment you feel results in your inability to perform your duties, then you can charge her with restraint of trade. Some jobs, for example, may require a person to exercise a certain level of authority and meet with certain people and to carry a certain amount of credibility in order to be effective. A persons disparate treatmen of an employee may undermine those efforts enough so that you start to become ineffective on the job. It is hard to prove, but as l ong as you can show that it comes directly from the undermining disparate treatment and not incompetence or lack of skill, you can bring such a law suit.

But again, these are not things that you would likely be able to use in a negotiation or talk with the HR or others. These are things that you would need to do after you are injured, and only after sitting down with an attorney face to face to discuss these options.

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