Discrimination??? Please advise...?

Question

I am a manager at a hotel. First, I was hired for a sales entry level position, but because of my experince in a more senior position I was giving the Sales Manager position. Even do my job offer letter stated EMM (which is the entry level position). My pay stayed the same as an EMM. I was given a desk on the back section of the office with 4 other hispanics (even though I was suppoused to have an office because of the new position I was given). I did go to HR about this, but before anything was done I was suspended. My boss overheard me speaking with a recruiter that contacted me. The whole time I have been working for the company I've felt spoken down to and not apreciated even do I am the first one to get there and last one to leave. Number one in sales for the hotel, so they cant say is because lacck of productivity. Not enough done the Assistant went thru the company laptop and walked in on a mmeeting with myself, the hr director and sales director and showed sexy pics of myself.

They did not have to humliate me. They could have fired me and that is that, but not treat me like a thief. They have taken advantage of me time and time again. What should be my next step. These are only some of the situations there are a lot more but because of time I am unable to tell all of them.

Thanks for your time and any help will be appreciated.


I was away on a business trip and got bored at night. Tried to take my laptop but boss insisted on taking company laptop. I took pics of myself and downloaded them to the comp and sent them to my email and then eraised the pics. They were mostly of my face but one was a little sexy. The AS went thru laptop while I was in a meeting and took the pics from the trash can of the comp. Went in the meeting that I was in with 2 other men and showed the pics to them pointing at the sexy one. I was suspended for speaking to a recruiter. Boss overheard me...

Im not one to play the race card, but all of co-workers feel the same way.

I believe this is retaliation agains me. I know I acted unprofessional by speaking to the recruiter and downloading the pics. But the pics were on my personal time and there is a lot more to the story than just this. The salary difference is about 30k more than what Im making now for the position I am doing now. So yes I am upset for this treatment...

Answer 1

This is really confusing and I know discrimination and retaliation laws like the back of my hand. Are you 100% certain you were terminated because your boss heard you speaking to a recruiter? If so, then it can be viewed as a wrongful termination not necessarily retaliation which I find nothing in your statement that meets the criteria. As for discrimination. You were promoted to manager, but your salary was never increased. Unless, they violated the Federal Labor Standards Act laws this doesn't mean a thing. The fact they didn't increase your salary doesn't mean a thing unless you were not being paid the actual annual salary as required under FLSA and you do not meet the test to be a manager (exempt status) under FLSA (i.e., you had to be supervising at minimum 2 employees and making independent decisions.) You can read up on these particular laws at http://www.dol.gov/esa/whd/flsa/

Lastly, you took pictures of yourself and downloaded it onto company property? What were you thinking? Now what are you saying? The HR Director and Sales Director shared this with other people or They went into the meeting and showed it to YOU? Huge difference.

Understand something about our laws. You felt you were not respected and spoken down to? Welcome to the club of millions of American's who go through this on a daily basis. Unless you can prove this behavior was directed only towards your group (hispanics) or that hispanics/minorities were treated differently than another group you have nothing. This can also mean you were the only hispanic female in managment and you were treated differently. You need to also look up Title VII of the Civil Rights Act of 1964 and its amendment. If you meet anything under Title VII then seek an attorney, but with what you have shared I really do not see anything. You used personal company property and the fact that the HR Director and Sales Director went through your laptop leads me to believe they had cause to do so and within there rights to go through your laptop. It is not your personal property. It is the companies property and they can take it from you and search through it at anytime. You were talking to a recruiter during work hours. You could have told the recruiter to contact you after work hours. Recruiters need good candidates to sell to the client(s). If a client were to hire you -- YOU put the bread and butter in that recruiters pocket. Not the other way around. If a recruiter cannot understand you cannot speak to them during work hours or during your lunch break OUT OF the office then that isn't a recruiter you want to deal with.

Answer 2

So you had been verbally advised you got a better degree role, but they did not supply you the pay for it or any of the opposite perks. It sounds to me first that they did not quite rent you for the better degree role, it doesn't matter what anybody stated to you, so that's no longer discrimination. You had been suspended on the grounds that you had been speaking to a recruiter on COMPANY TIME (otherwise your boss could not have overheard you) in order that most likely is your fault, no longer discrimination. Finally, what "horny" pix had been they? If they discovered them on the web, or on the workplace, that's very unprofessional of YOU, and they have got each proper to fireplace you for it. You don't seem to be the sufferer of discrimination by way of something you acknowledged right here, and for those who had been as whiny at paintings as you're right here, it's no marvel you're being allow pass/fired. It appears like they're firing you on the grounds that you're no longer legit sufficient, discrimination has not anything to do with it.

Answer 3

It's hard to tell, but not likely on the suspension - you misused company property, so wouldn't have much of a chance of having any recourse. For some of the things that went on earlier, maybe discrimination, maybe not, not enough background info to tell.