Is this a work place violation? Can I sue?

Question

Ok First of all I live in upstate, New York, so it has to be NY's Labor laws. But this is what hapend.

August 2004, I get a new job at a local printing company by the name of Web Graphics in Queensbury, NY. My job was a printing press apprentices. I was learning to run a machine called a 2-up/saddle binder which made little pamphlet sized books. Ok, All is good, I am puting paper in the machine correctly, no jams, and the books come out just as they should. Two people are at the receiving end and box them up and bring them to the warehouse for shipping prep. Ok this is where the problem is, my trainer totally ignores me, and walks around to talk to other people and does not teach me anything about my job. Then after about a week or so the managers call me into there office for a "meeting" which I had a few of theese. They tell me that I am not operating the machine corectly and I should not be loading paper into it myself. Then they make a extremly sexest remark .

I am a man by the way, and they say that "if they wanted to pay someone to put paper in, they would have a women do it". But if I don't put it in, the machine jams up because nobody is! My friend who has been working there for three years now told me that, I was doing the right thing and nothing was wrong and he doesnt know what they were talking about. When I asked them what exactly I should be doing, or what I was doing wrong, they just gave me very vague non-specific responses. So pretty much I cought them in a lie. If I was still there I would now be making approximately 12 dollars an hour full time. I know that it has been a few years now, but it is still not right! Thanks for your time with this one.

Answer 1

If it has been a few years, the statute of limitations for filing a suit has probably already expired (it's generally three years.)

The sexist remark is certainly derogatory; however, it is sadly not illegal (stupid, but not illegal.) What IS illegal is firing an employee who is doing his best to ensure that a work order is being completed correctly, even going so far as to perform the function of another employee in order to make this happen.

I'm not sure what the company was thinking here - my only guess is that if it was a union shop, perhaps loading the paper was a job that was designated differently and needed to be performed by another individual (much as specialized piano movers must be called in to a union theatre rather than using the stagehands to move the piano.)

At any rate, it has been quite some time since this occurred; whether or not any of the original people involved in the incident are still with the company is probably questionable; memories and specifics tend to fade with time; and there is probably not much to be gained by you either professionally or personally by pursuing litigation. I would take it as a lesson learned and enjoy being in a new work environment where your employer hopefully values your work ethic and dedication to getting the job done correctly.

Answer 2

I'm not sure from your description if anything happened to you like losing your job, getting a pay cut, or a disciplinary record. If this was the situation, then you might have a case. If you are just upset that they had a meeting and corrected you for something you didn't know you were doing, well, that's why it sucks to work for dumb people, and it's important to find a job where you're happy.

If you do eventually take the case to court, you will have a better shot if you demonstrate that you attempted to work the problems out another way first. This is more beneficial to you in any case.

So I would sit down with your trainer or the manager(s), whatever seems most appropriate, and explain that you were not informed that you were operating the machine incorrectly, and you'd like to make sure that you understand the correct procedure and that you know who to go to if you have questions.

You could say you would have liked to have been informed sooner, and ask if you should be checking in with your trainer more often/if your trainer should be checking on more often. You may discover that there was a misinterpretation or some flaw in the process.

If you don't get anywhere and you did suffer significant consequences from this incident, then you may want to get a lawyer. If you're just annoyed, I'd find another job.

Answer 3

you likely have a declare for misappropriation of your likeness by technique of your organization. it really is a tort that ought to entitle you to punitive damages. Your success will remember on the info and the state in which you stay. for instance, in case you stay in PA, VA, MA, or WI, you've more effective privateness rights. talk to an criminal professional or document a declare in small claims courtroom. Celebrities sue for using their likeness or call in classified ads at the same time as used with out their permission. Case on factor: Michael Jordan. Being a celebrity would not provide you with more effective criminal secure practices. you've an identical rights that they do. you haven't got a declare with the EEOC until eventually you are able to coach that your race, faith, ethnicity, incapacity, sex, or age replaced right into a contributing ingredient to an negative employment decision. Getting fired over complaining about an organization's incorrect doing isn't a causable action less than the EEOC's jurisdiciton. it would nevertheless be unlawful, notwithstanding the EEOC received't help you except to inform you to confer with a criminal professional.

Answer 4

Its been a couple of years so now you probally dont have a case but they probally only hired you as a temp and if you were let go on your 90 day probation period then their is nothing you can do.This happened to me at the philly airport as a mechanic the best they ever seen but I put their (union Mechanics )in their place kinda made them look stupid so they let me go on the 90 day thing and their is nothing you can do about it.Its the law,They can let you go for any reason.

Answer 5

The sexist remarks by themselves are worth suing. As for the completely ignoring you part, I'd talk to an attorney to see if it's worth suing. But I'd still defiantly sue for the sexist remarks.

Answer 6

Did you tell the managers about the trainer not being with you all the time?
need more info to answer your question.

Answer 7

Just move on, son. You wouldn't want to work where the management doesn't like you, would you? They don't owe you a living and you don't owe them another thought.

Answer 8

Let it go dude, you won't get anything by suing that will justify your effort and the animosity you will earn from future employers.

Answer 9

It sounds like they were trumping up a reason to let you go.