Hiring Lawyer Right Choice

Q: While working at a large hospital, a co-worker (an African-American) and I (of Polish origin) had been the victims of continual ethnic slurs. When he complained to the human resources department, he was fired immediately.

When I filed complaints with HR, I was threatened to drop it or be fired. I didn’t drop it and I was written up and suspended for things I never did. I then filed a charge with the Equal Employment Opportunity Commission. I also contacted an employment lawyer. I’m glad I filed with the EEOC because even though I have to wait to get a decision, at least I’m at peace with myself because I contacted the people who could help me.

A: You handled your situation correctly by contacting a lawyer in addition to the EEOC. I hope your co-worker also checked with a lawyer and filed an EEOC charge. Both of you should stay in contact to help each other’s cases.

Unfortunately, your experiences are not uncommon. Companies have been known to keep track of employees who file complaints with their HR departments and have retaliated against employees who file EEOC complaints. But using the proper channels for defending yourself is a healthy way to preserve your dignity. Remaining in a toxic environment can only lead to lowered self-esteem, something no one should tolerate.

Racetrack worker docked, fired over unpaid wager

Q: I worked as a cashier taking bets at a gambling establishment that races greyhounds. If you print the ticket and there’s a mistake on it, you can cancel it if the race hasn’t started. A man making very large bets at my window wanted to cancel the ticket when he saw that his betting added up to almost $3,000. But when I went to cancel it, the race had just started. He refused to pay for it.

I turned the ticket over to my boss and explained what happened. The head boss fired me and kept my last two paychecks because he says I should pay for the ticket. I signed a document when I was hired that said I was responsible for shortages, but I do not see it as a shortage because there was no sale and it was a losing ticket.

A: Racetrack cashiers are responsible for telling customers when it’s too late to cancel a bet. According to Steven Siff, partner in the Miami office of McDermott, Will & Emery, “It is not uncommon for contracts to provide that employers can withhold salary to cover shortages of this nature.”

You would have to consult with an attorney, who after reviewing the employment contract, can advise you whether this is treated as a shortage and whether your employer has the right to withhold your salary.

Employee gets caught in cycle of back-stabbing

Q: When I started my job a year ago as an assistant to the assistant human resources manager, I was appalled by the way she was running the department. We all saw she lacked organizational skills and managerial support, but when I offered to help her get organized, she got defensive. The manager asked me to check on the assistant manager’s performance and report back to her.

After only two weeks on the job, I took on the assistant manager’s responsibilities without the title. I could tell she felt threatened by me because she would say things in front of the manager to make herself look good, but she couldn’t fool me. Our manager even suggested that I talk to her about the problems we were having. Then, after all that I did for the manager, my review was average. Now I’m the one being scolded and insulted. I want out, but I’ve only been there a year.

A: It sounds like you were riding high until the HR manager’s underhanded approach was applied to you. The manager should have been dealing directly with the assistant manager and not using you as a detective to check on her performance problems.

When you see a manager behave with a lack of concern and ethical conduct toward an employee, don’t assume you’ll be exempt from such treatment yourself. Ethical treatment is not handed out randomly. And a year is an acceptable amount of time to start another job search. Your experience in the HR department demonstrates the value of the Golden Rule, which we should all follow.