I have a legal question.

How can a person sue their employer for discrimination?

I have worked at a large company for over 18 years, with never having had a bad review or anyone commenting to my superiors about my attitude for the first 12 of those years. After my first daughter was born in 2001, I started job-sharing with another employee, and it's been downhill ever since. Since 2002, I have had mediocre to poor reviews despite the quality of my work not changing. In fact, I learned a whole new aspect of my job because they needed people to do it! I am also stuck working every weekend (I didn't work weekends before), and now I have learned that someone I barely know is complaining to my boss that I have a bad attitude! I have spoken to my boss about this, and no matter what I say to him, he's convinced everything is my fault. What can I do? Do I have any recourse? I live in Georgia, a right-to-work state.

Any help would be greatly appreciated.

Thanks, Dulcinea

If you want to hear about my employment case from 1992, please PM me.

The net result in my case was that the employment lawyer I saw in Massachusetts sat with me for 1/2 hour FOR FREE -- and told me he couldn't help me.

Eventually, I was let go by a big pharmaceutical company under the umbrella of a "reduction in force." I was in my 50s and 18 months short of full retirement. While it stung at the time, the company and I came to an acceptable separation because I did my own documentation at every juncture.

By the way, my father was a lawyer, and I was his summer helper a lot of years ago in my teenage. I might have pursued a career in law or medicine, but in 1956, when I entered college, there wasn't much support for that for a woman.

Most lawyers are respectable and worthy -- and posters in this thread do the entire career a huge disservice by painting those who practice law with such an ugly broad brush.

Cordially,

Radio Lady Ellen

He/she will you determine if there even is any discrimination taking place, which according to your paragraph above, there is none.

Being told that you have a bad attitude is not discrimination. I'm sure there's a lot more to your story than you can offer in one paragraph, however,so I trust that you believe there is discrimination there somewhere.

But you need a lawyer, not a political message board full of anonymous people.

First thing ... documentation. Get everything you can - and if you can't, know what to reference that which is in their files. For example, I had just endured an audit w/97% accuracy - unheard of in the history of the company.

I didn't bother w/a lawyer until it was time to settle ... and he's my brother. You don't need a lawyer to file your case - the paperwork is actually pretty light. Just be detailed, because this will be your best chance to prevail.

Then wait. Two, three years if you're lucky, then start annoying politicians. In my case, the respondent had disposed of all the records I'd referenced and lost by default.

Good luck. It may not be worth much money ... because I had found another job right away there were little actual damages, but the settlement felt good.

Sub-thread removed by moderator. Click here to review the message board rules.

...because they know what the real cost of careless advice is.

Free advice from forums helps give people and idea of what the terrain might look like, though. It can be a great psychological advantage to hear from people who've been in similar situations.

and do my dentistry at home. I even did my own orthodontics! what do you think?

Midlodemocrat, DDS, or DMD. All three.

that I don't know, or can read in a book. All they want is your money.

I do ALL my own dental work.

Well, I mean, I brush my teeth - but that's one success, so obviously I'm more qualified than those so-called dentists.

this photograph is not of you. you, sir (or Madam) are what we in the amateur orthodontics world like to call a liar. how do I know this? because this man is my orthoguru, he taught me everything I know about cosmetic dentistry, and you, sir (or Madam, if that is your real name) are not him.

why you would sully this fine informative thread with such fraudulous pandering to the pagan gods of falsehood is beyond me. :shakes head sadly:

I see a lot of "I am not a doctor, but I play one on DU" type posts here, almost Frist like, and aside from my saying something along the lines of "I wouldn't dare to diagnose someone I hadn't met", I steer well clear of that stuff.

WOW!

:eyes:

those days ... and all the blacks were drivers. I got the first african americans into the technical training program ... it might have contributed to what happened to me.

So take your attitude and stuff it. I have the last laugh.

No wonder my Christmas card to you came back. :cry:

I walked on the moon.

You know it's true because I said it, and come on - would John Glenn lie about being John Glenn? I don't think so! And if you, I - John Glenn - am greatly offended, because now you are questioning not just me, but ALL patriotic Americans, and especially everyone involved in the space program.

John Glenn doesn't fucking lie, you bitch. So stop saying that.

Yup. True. Because I said so. Edward doesn't like me to admit it, but the hell with him.

You don't think I would lie about being Caroline Kennedy, do you John?

the both of you can kiss it.

are truth - of course I believe that you are Caroline!

Far be it for me to call a Kennedy a liar.

:hi: Caroline!

:hug:

:thumbsup:

Ask for a referral for a labor/employment attorney.

If you try to take on the matter all by yourself and make a mistake you could be forever barred from further pursuing the matter.

This *female* attorney concurs with MrCoffee.

If you lose the lawsuit, you could pay costs and statutory attorneys fees. I don't know Georgia law but in some states, you could end up paying the defendant's entire legal fees, if it is determined that you filed a frivolous lawsuit.

I notice that you didn't give a basis for the discrimination, like sex, age, race, etc. If you believe that you were discriminated against on any basis recognized by the 1964 Civil Rights Act, Americans with Disability Act, you must first file with the EEOC. They will interview you and determine whether you have enough to file a charge. You don't need an attorney to file a discrimination charge with the EEOC but an attorney could help you articulate the basis for the charge so that EEOC is interested.

This happened to a friend of mine and the EEOC took on the case. That's really your best bet. If they don't think your case is strong, you probably won't be able to get a private attorney to take it on either.

if it is because you have a child, that's not actionable, that I am aware of. your options are basically, race, sex, creed, national origin. so yeah, find an employment lawyer in Georgia (or call the state EEOC) but expect to pay.

on someone who asked a perfectly legitimate question.

Please, no one come back to me and say.....BUT SHE STARTED IT!!!

Honestly, sometimes I can only shake my head....

She made statements.

Who apparently had to the good sense to drop this thread like a bad habit.

I pm'd the OP to apologize for this train wreck.

nt

Not the OP. Telling someone who may have a legitimate legal claim that they do not need to speak to an attorney is irresponsible and dangerous to that person's potential claim.

I advised the OP to contact her local bar association for a referral to a labor/employment attorney.

I didn't read close enough.

Let me scroll up and see who is taking it up the ass this time.

seems to me like the beef is between you and the post number 6 person.

But as usual, the warriors jump in to beat the fuck out of one person.

Typical for DU.

My complaint about this place from the beginning.

Some people here seem to think that one person is incapable of resolving a conflict on their own, so they jump in like rabid wolves.

Sickens me.

If someone says something unprovoked and ridiculously hostile that I think is completely out of line against a poster that I know to be the exact opposite of whatever is said about them, I'd like to think that I would take the opportunity to say so.

If that person then attacks me, then game on.

Several people tried to tell Fredda that her attack on me was out of line. None of those (IMO) were "beatings". She then turned her attack to those posters.

I don't see this as a group attack. I see it as one person firing insults at everyone who comes into this thread.

:thumbsup:

You know, fair fight and all that.

You seem to be able to state a reasonable opinion quite well.

Then others jumped in.

It's like the idiots standing around a fist fight screaming "FIGHT FIGHT"!

If a random poster made a ridiculous and insulting comment about someone else, and I knew that comment was completely off base, I'd like to think that I would stand up for that person.

It's a community, after all. I feel like there are people on DU that I know their DU persona well enough that I would be completely comfortable in defending them against unprovoked, outrageous attack.

Which is of course, why I interjected my opinion. I believe my first comments were cordial, but then I was told to stuff it. You really can't argue with irrationality.

Perhaps the post was generally bad advice. However, the part about gathering all possible documentation was excellent advice.

So you stated your opinion about it being bad advice, which is fine.

Then people who were really not part of the disagreement jumped in, and that is my concern.

I think that EVERYTHING read on the internet need to be taken with a pinch of common sense. My sense in reading that post was that it was indeed bad advice, however, I totally agreed with the part about gathering all documentation.

So, was the post bad advice? Probably yes. Was the post useless? No, not at all.

In any case, the discussion should have stayed between you and number 6, but some posters decided to contribute to the disagreement by adding nothing of value.

That is how things escalate, and that is why this turned into a flame war.

That's my personal feeling on it, anyway.

unable to defend themselves.

I think when too many others jump in, it is unfair.

We all get in disagreements, and I think we would all hope that the fight would remain "fair".

that's one thing. To be insulted and attacked yourself for doing so is something quite different, which is exactly what happened here.


There was only one unprovoked attack here.

and only you, and it should have been handled by only you, because you are capable of defending yourself.

Your character did not need to be vouched for by anyone, as you were coming across well.

One person stepped in, and then a few more, and then a few more, and it spiraled out of control.

The ultimate result was a verbal gang beating.

If it irritates you so much that someone comes to the defense of a poster they like, (in this case, me to MrCoffee) put them on ignore. I'm sure they won't care one whit.

that is not exactly what I am talking about.

What I am talking about is the ganging up on people.

You came to Coffee's defense by saying something like "leave him alone".

He didn't need your help, and it was that one comment that started the entire flame war.

This is not a physical space we occupy. Coffee can handle himself. Your comment did nothing but perpetuate more comments by other people who had nothing to really contribute except "boo hoo, bad advice, leave my friend alone, etc".

Difference of opinions are fine. Gang beatings are not, and that is probably a generally accepted opinion, not just mine.

Also, the "right people" that "come to the aid of a dear friend" usually end up participating in the name calling.

I would point you to a similar recent situation, but I'm sure I don't have to. Just another case of the non-popular people getting rocks thrown at them from all sides.

Sub-thread removed by moderator. Click here to review the message board rules.

And that profession includes me. It weas totally unnecessary. I clicked on the thread, saw Coffee's excellent advice, and figured that was pretty much all that was needed.

If it makes you feel better, however, I'll gladly attack Mr.Coffee for something else ... he's probably a Patriots fan ...

But if somebody wants to open up the "all lawyers suck" can of worms, we've got a whole barrel full of whup-ass.

Bake

It was the blacks' issue, not the white folks' issue. Yeah, like the people who didn't speak out against the Jewish deportation, and found themselves on the trains a year later. And rich people should fucking shut up about the needs of the poor - the poor should be allowed to fight their own fight. And men should shut up about women's rights. And all non-Muslims should shut up about Muslim persecution. Let 'em all fight their own fights.


Sometimes one needs to come to the aid of one's friends. There is no nobility in standing by in silence.

he is a lawyer, and he knows what he is talking about.

And your exaggerated comparison is way overblown, in my opinion of course.

In fact, several people expressed regret that Dulcinea's post was highjacked. The person being beaten up was someone who gave poor advice and when someone pointed that out, reacted badly.

Thanks everybody! :hi:

:sorry:

Whose fault is it?

and why didn't you book the DuPont?

where's my money?

:scared:

where's my money? you people know how to collect money, tollbooth! :)

you have to get in your car and drive around the block.

sure is tasty after such a f^*king though, huh?

I keep coming back for more. I better turn off the old 'puter so I can concentrate on something else. So long, it's been interesting.

At least spend some time looking for a competent lawyer.

I just posted about three paragraphs which I thought were instructive. I was involved in a "reduction in workforce" in 1992 in which I represented myself because my FREE 30 minute meeting with an employment lawyer revealed that I had no case. I will be happy to share details with you via PM if you wish.

You might just as well take your initial post and put it in General Discussion. Perhaps there will be some more help there without the "ragtag crew" we occasionally get here.

Cordially,

Radio Lady Ellen

you so know better, we are always here, and always ragtag.

Personal experience does not matter to her original question. She needs to seek professional advice from an attorney with experience in labor and employment law.

Please don't make the mistake of thinking that your experience might help. It could make things very bad for the OP. Each state has very particular laws dealing with the OP's issue, and what worked for you in one state may be a critical error in another forum.

Message removed by moderator. Click here to review the message board rules.

Since the post where Radio Lady talked about collecting evidence HADN'T BEEN WRITTEN when I posted my response to her, I'm clearly talking out the side of my ass.

wait...72 still comes before 73, doesn't it?

I wonder why? If I saw this discussion, I would beat it the hell out of here in a hurry.

You have ONE UNIQUE CASE. I had ONE UNIQUE EMPLOYMENT CASE (see my other posts) which I settled without a lawyer. See my other posts.

Mr. Coffee is right. She needs legal advice. That's all.

Good bye and good luck.

Radio Lady Ellen in Oregon

the OP to seek Legal Aid, if available. So, do we have any serious disagreement or do you just want to join a pile on?

the Human Resources department representative is on YOUR side. That person is there to represent the interests of the COMPANY. They will pretend to have your best interests at heart, but that is not the case. BEWARE.

That was a big mistake. All of my discussions with her were used against me in the end game.

We did treat on this issue when dealing with HR for medical reasons. That thread took a totally different tack than this one.

Frankly, since the OP is not even interested enough to post again, this whole discussion is really ugly and I'm sorry I even took part in it.

Please forgive if I have offended anyone. I didn't like the generalized attack on lawyers and the position that talking to a lawyer is ALWAYS a bad idea.

Thank you.

Radio Lady

:crazy:

for a sister ... you just saw some "professionals" protecting their paychecks.

Is to find a real-life professional to handle your problem (same with medical).

And there are legal-aid groups to help those who might not have alot of money on them.

to share experiences. When I went through my ordeal, there were no message boards or chat rooms - but I did my research and prevailed. How sad that you feel compelled to lecture me now.