My mom is 54 and has been working for a company for the past 5 years. For the last 2 (maybe 3) she has been the Shipping Supervisor. In May the company hired another supervisor that turns out to be her supervisor and even is in charge of giving her a review. The problem is, other then having an associates degree, he has very little experience while my mom has at least 2 years with this company and like 15 at another as a shipping supervisor. My mom was never offered the job, or even offered to interview for the job. He is paid more and has taken many of her duties away from her. She has never been written up or told she was doing a bad job so she is confused as to why they hired someone to do her job. They did give him a different title, but she told me that the new guy said that he actually interviewed for a shipping supervisor possition.
So does she have anything here?
2007-08-13 01:46:06 · 9 answers · asked by Matt C 2 in Politics & Government ➔ Law & Ethics
Hard to say. Based on what you say here, she might. It would not likely be a "discrimination" case, because you present no evidence whatsoever that it has anything to do with her sex. But she could argue that she was not given a fair shake. Odds are nothing could be proven. If I were her, I'd find another job. If she is so great, losing her will hurt more than any lawsuit would. Most places are insured for that sort of thing anyway.
That said, I can't help but wonder if there is anything missing from this story. Did she not know the job was open and being advertised? If not, then why? Perhaps she is not communicating with her bosses enough. Perhaps she IS doing something wrong. OR, perhaps it is the company's policy to advertise all positions. This is actually quite common, and if that is the case, it may have been expected that she would have applied. If she didn't apply, then she probably doesn't have much of an argument. She will need to check the company's regulations to find out.
I'm not saying it is her fault or that she has not been wronged. I'm just saying that she had better be totally positive about what happened before she brings a lawsuit. She'll need witnesses and evidence, or she'll be wasting her time. Considering this, that is why I suggested finding a new job. If she is in the right and knows it, however, then I wouldn't blame her for at least giving an attorney a call and getting better information than you'll find here. Honestly, Y!A is a lousy place for legal advice. I wish her luck!
2007-08-13 01:54:50 · answer #1 · answered by Mr. Taco 7 · 0⤊ 1⤋
While I completely understand your mom's frustration, there is no sexual discrimination here.
The same thing happened to me. With 15 years experience in my industry, a year ago my company hired a guy to be "my equal" and started him at the same salary as me. He had NO industry experience. Ten months later, they promoted him.
Companies DON'T have to give internal employees the opportunity to interview for promotions - they definitely have the right to promote the person they think is best suited for the job.
What I would advise is that your mom go to her supervisor (PRIOR supervisor, since this guy is now her supervisor), and talk about it. She should tell them that she doesn't understand why SHE was overlooked for this promotion. You'd be surprised what you can find out just by asking the question.
Which is why I'm now in a new position with a different company...
2007-08-13 02:32:01 · answer #2 · answered by Christie 4 · 1⤊ 0⤋
Your mom may have an Age Discrimination case. The law in the US protects people between 40 and 70 if they are replaced by a much younger individual. Her employer may also be in violation of ERISA. She has been with the company for more than 5 years and she can legally take early retirement at 55 (but of course she does not have to). It could be that the her company considers too old. See a good lawyer who handles age discrimination.
2007-08-13 01:58:40 · answer #3 · answered by Ti 7 · 0⤊ 1⤋
No, although it isn't good for company morale to go outside the company and hire someone with a degree, it is not illegal and there are under no obligation to post the job internally if they choose not to.
A supervisor that has an Associate's Degree looks better on paper; if you Mom wants to looks good on paper, she should go back to school and get her degree. Many colleges offer discounts to people over the age 50 and she may qualify for loans or grants.
2007-08-13 01:55:33 · answer #4 · answered by bottleblondemama 7 · 2⤊ 0⤋
It may not be a case of guy is better than girl but it could be that the younger guy is fresh out of college and is in fact younger and they are trying to boot out the older ones so that they will lose longivity rights. Contact a lawyer with this. You can get a free legal visit from most of them. She will have to make that call though, but he can tell her in one session if she has a case against the company or not and then if she does, she can legally pursue. It would be classified as job descrimination I believe, especially if the company hired outside the company without offering the job to current employees first.
2007-08-13 02:08:08 · answer #5 · answered by 'Sunnyside Up' 7 · 1⤊ 0⤋
She may have an age and sex discrimination case, depending on the details of the case and the laws of the state she works in. Go to www.eeoc.gov for the Federal take on this, and search for the Human Rights Department in her state to see what they say.
A word of caution here, even if she does have a case it can be a problem to sue the employer she is currently working for. What happens is that she would file a complaint of discrimination with EEOC/state human rights depart and her complaint would be sent to the company. EEOC/state would assign an investigator who would look at the case - could take up to one year. During that year the company would have been notified that she was suing them and could make life tough on her. Yes, if they did anything to her it could be considered Retaliation, and that would be added to the original complaint.
She needs to be aware of the risks before she goes into this. IF she still wants to proceed have her speak with a local employment lawyer who can evaluate her case in accordance with the local laws. Good luck.
2007-08-13 06:07:51 · answer #6 · answered by CatLaw 6 · 0⤊ 0⤋
No. The company can restructure at any time. Do they pay her less after this? From what you say it doesnt look like it. If she really has problems, she should find another job. Private companies can hire at will and do not have to follow any type of practices to do so.
2007-08-13 01:50:41 · answer #7 · answered by Anonymous · 3⤊ 1⤋
If you did have a case at all, I would say more an Age Discrimination case.
2007-08-13 01:56:21 · answer #8 · answered by bdewitt20 1 · 0⤊ 1⤋
sexual discrimination case!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
2007-08-13 01:54:22 · answer #9 · answered by hello 2 · 0⤊ 1⤋