Discrimination at work

[wyoramsrt-10]

Because of a recent thread I thought I might throw this out to the crowd.

Recently my company made some more layoffs, a significant pay cut across the board and then 4 days later told me to go to the house. Since the first of the year I have lost 25% of my income. I am still employed by the company and collecting my salary but I am not getting my day rate for work. I was already in the area for work, which is over 300 miles from the house. The company had people closer to the area to cover my job is the reason why they sent me home. But one of the local guys was a field supervisor and did not really do anything but collect a check. Seriously he did not have to leave his house for anything work related. He is a worthless piece of crap. All talk and no show. We had enough good employees to cover our backs and help each other out if needed. Now he has to work for his money. So my best guess is he threw me and three other guys under the bus to save his own butt. I also heard of this guy talking about getting rid of all the out of town people and replacing them with local employees. So in a way I blame this guy for the lost income

He planted the seed and the bean counters are looking at saving money by having to pay someone less for travel expenses. So my big question is if they don't get me back to work and I end up getting layed off, do I have a claim for work discrimination because of were I live?

 

[Django]

Because of a recent thread I thought I might throw this out to the crowd.

Recently my company made some more layoffs, a significant pay cut across the board and then 4 days later told me to go to the house. Since the first of the year I have lost 25% of my income. I am still employed by the company and collecting my salary but I am not getting my day rate for work. I was already in the area for work, which is over 300 miles from the house. The company had people closer to the area to cover my job is the reason why they sent me home. But one of the local guys was a field supervisor and did not really do anything but collect a check. Seriously he did not have to leave his house for anything work related. He is a worthless piece of crap. All talk and no show. We had enough good employees to cover our backs and help each other out if needed. Now he has to work for his money. So my best guess is he threw me and three other guys under the bus to save his own butt. I also heard of this guy talking about getting rid of all the out of town people and replacing them with local employees. So in a way I blame this guy for the lost income

He planted the seed and the bean counters are looking at saving money by having to pay someone less for travel expenses. So my big question is if they don't get me back to work and I end up getting layed off, do I have a claim for work discrimination because of were I live?

On the face of it, I'd say that you better have a really good lawyer... One who is familiar with any ACTUAL history of discrimination of this kind... It sounds very thin to me from the perspective of convincing a jury (and you'll need a jury trial if you want a better chance of succeeding) that there is a REAL and proveable case of discrimination here.....

It's not an issue of race or ethnicity (or is it?)... It's a case of townie vs locals... (WTF ever that is)..... It seems like this man merely has to prove that he was within his legal rights to economize on salaries to keep the business afloat... pure economics....

You have to prove INTENT to discriminate...... That's a very hard case to prove unless he has demonstrated (and you have evidence of that fact) against a specific group of individuals specifically by virute of where they live....

I'd say you have less than a 1% chance of prevailing and winning a settlement in court.... Then there's the matter of collecting a judgement........ I'd say try the lotto....

Sorry.

D

 

[TNVIPER]

You need to seek advice from an attorney.... not a truck forum where you will get mostly opinions....good luck..

 

[wyoramsrt-10]

Thanks Tim. That is pretty much what I thought. Chances are very slim to none.

Larry- appreciate the opinion. I thought there might be some people or laywers with expierence on the forum that could share.

 

[Django]

Thanks Tim. That is pretty much what I thought. Chances are very slim to none.

Larry- appreciate the opinion. I thought there might be some people or laywers with expierence on the forum that could share.

If you have an attorney that'll give you a free consultation, take it.... But I wouldn't hold out for a big payday on this one.... The premise is pretty thin and very obscure...... at least in my mind....:dontknow:

D

 

[TNVIPER]

If you have an attorney that'll give you a free consultation, take it.... But I wouldn't hold out for a big payday on this one.... The premise is pretty thin and very obscure...... at least in my mind....:dontknow:

D

...from past experience and dealing with payroll/employee issues regulary I agree with Tim....

 

[wyoramsrt-10]

Oh and Tim, there is work closer to the house for me. The office could put me to work there. Figured I would play the card that was dealt to me. Plus in that area some of the people working there live much farther than I do. Forgot to mention why I feel like it might be discrimnation. That might explain a few more things

So these people that have to travel a long distance for work are getting to keep their accounts while I get booted for the same thing. I see the economics side but it sure is hell is not the right thing to do. Which except for the past year our company has always done me right. Most of this is due to the buyout. Before the Denver office called all the shots. Now it is Houston. It has turned into I am just another employee number instead of a person.

 

[wyoramsrt-10]

If you have an attorney that'll give you a free consultation, take it.... But I wouldn't hold out for a big payday on this one.... The premise is pretty thin and very obscure...... at least in my mind....:dontknow:

D

The girlfiend's sister is an attorney that deals with Oil companys. Which is the field I am in. But they deal with land disputes and such. But regardless she might have some insight to this as well.

 

[Django]

Oh and Tim, there is work closer to the house for me. The office could put me to work there. Figured I would play the card that was dealt to me. Plus in that area some of the people working there live much farther than I do. Forgot to mention why I feel like it might be discrimnation. That might explain a few more things

So these people that have to travel a long distance for work are getting to keep their accounts while I get booted for the same thing. I see the economics side but it sure is hell is not the right thing to do. Which except for the past year our company has always done me right. Most of this is due to the buyout. Before the Denver office called all the shots. Now it is Houston. It has turned into I am just another employee number instead of a person.

This is what happens whenever there's a buyout..... The people become nothing but numbers on a page..... It sucks but it's a fact of life... The bigger the buyer, the smaller the employees......

D

 

[wyoramsrt-10]

Yep I hear ya on that. It was one of my major concerns when the buyout happened.

 

[tsmith3]

Chuck, sorry to hear this. If there is any way I can help let me know.

 

[wyoramsrt-10]

Chuck, sorry to hear this. If there is any way I can help let me know.

Thanks Todd. You just might get those headers of mine afterall Probably gonna have to sell the truck for sure after the Sacramento GTG I better start preparing for the worse.

 

[ChrisAZ]

If you are worried about your job then there is no better time than now to start looking for another. You're at home and not working right? Get your resume together and go find a job. Take control of your destiny and go get another job. Take the offensive. Get what I am saying? Don't wait for the axe to fall. Take it into your own hands and find a better job.

 

[wyoramsrt-10]

If you are worried about your job then there is no better time than now to start looking for another. You're at home and not working right? Get your resume together and go find a job. Take control of your destiny and go get another job. Take the offensive. Get what I am saying? Don't wait for the axe to fall. Take it into your own hands and find a better job.

Yep, at home not working I have vacations coming up shortly and they are already paid for so I am going for sure. Might be the last time I can take the family out on vacation for a long time. So with the vacations coming up, it will probably be at least a month and a half before I go back out in the field. But I am still collecting my salary. Already got a few things going for a new job. None of them pay as good. So I can't quit right now just to take less money. Those other jobs will still be there. But I will be taking a big pay cut with any other job I take right now too. I just need enough to keep the house and food on the table for the kids. A 6 hour drive home gave me lots to think about.

 

[SrtBrad]

Chuck,

F the attorneys. Don't fall into that blame the other guy even if you are right in the hope of getting some money in court. Just try to find another job as soon as you can bro. It really is not worth the BS and holding onto a situation doomed for more BS. Give me a shout if you like bro.

 

[Prof]

Location is not one of the protected categories:

Age (40 years or older)
Color
Disability
Gender
National origin
Race/Ethnicity
Religion
Retaliation
Sexual orientation
Veteran status

Most states are no longer right to work states...in essence employees work at the discretion of the CEO.

Find another job as soon as possible. Don't look back just go forward.

Good luck.

 

[Scrambler1]

Like Prof said, this isn't discrimination as viewed by the EEOC. What you are talking about isn't unusual at all. The company was bought out, a larger company who measures performance by numbers and who has no relationship with existing employees is now calling the shots. From a bottom line point of view it makes the most sense to layoff employees that are paid to commute.

Tough situation but you need to be using this paid time off to find a new job. About the only thing you could really come at them for would be wrongful termination if they sight the distance you commute as the reason for termination but they keep people who drive farther. Personally I hate all of the little BS lawsuits in this country, it's their company and they can do what they want to. If they don't offer you a severance package I might mention wrongful termination and see if they'll set you up something.

 

[Prof]

Just a bit of philosophy here if you don't mind. Looking for a job is really an inappropriate goal.

Think about this: Spend your time looking for a great organization. Jobs come and go...relationships with great organizations last for years and years. Being happy in what you do 40 to 60 hours a week is critical to the organization and to the individual. Great organizations look at the individual and make sure they are in the position that best fits their capability and the needs of the organization. So take any position in the great organization regardless of the level or compensation...great organizations will recognize your contributions and capabilities.

This is just a different view of how to be employed and goal achievement. Even a great job with a bad company is going to be miserable, for both entities...

Class dismissed.

 

[Texas Yellow Fever]

I would say you probably do not have a discrimination case UNLESS they hire folks back within the next 60-90 days and then I would say you definitely might have a case IF the reason they gave you was a lay off to sve money. If you are let go to save money and the company turns right around and hires people to fill those positions, they have a problem unless they hire the ones back that they laid off.

 

[GotRidOfTheHemiForThis]

Thanks Todd. You just might get those headers of mine afterall Probably gonna have to sell the truck for sure after the Sacramento GTG I better start preparing for the worse.[/QUOTE0


Im telling you now DONT EVEN THINK IT! Keep your ride something will come up bro. Sorry to hear your also getting a rod in non-rod places too
Trust me thou i keep saying it over and over Id of sold my left nut to keep that truck dammit so I don't wanna see anyone else do it! Just start looking around for another gig bro, that's what I did and looks like I got lucky for once.