Candace Boyd
7 months ago
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Is this discrimination?

A friend of mine has been on her job for quite some time. Lately her new managers have been criticizing her work, speak negatively towards her, and even placed her on a PIP. She called me this weekend frantic because she's never been treated this way by any other managers before and suddenly she's a poor performer. She shared how other teammates are talking amongst themselves about finding a new job, posting out or taking an LOA. She's afraid HR will only make the situation worse and it's considering legal advice at this point. I really hate to hear this because she goes to work everyday and this just started happening. She's experiencing stress, anxiety, weight gain, and just an emotional roller coaster. Should she seek legal advice or contact the EEOC?

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Wendy Stalfire
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She should first work up the chain of command and choose her words wisely

28w
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Maureen Hilderbrand
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How this works, when an employee is placed on a PIP, performance improvement plan. That is really the company making sure they have everything all lined up. And it is HR in almost every instance that requires a PIP to be put in place. Remember HR's job is to protect the company, not the employee. Normally with a PIP, it will list very specific issues, what the manager sees as the shortcoming. What they expect the employee to do to improve, what is considered an acceptable improvement. And will have a defined timeline by when the improvement must be in place. It is pretty standard for the improvement to be about 60 days, but ongoing checking of work to see if it is happening. Often times, the reason there is New Management put in place is that somewhere in the company someone decided the "old management team" was not getting the job done anymore. So if your friend was not following some company policy, that was stated to do a certain way, or taking too long to handle customer service calls, or inquiries. Even if before no one had brought her up on this. If it was written how it was to be handled, new management can and will enforce the correct process. As soon as anyone gets put on a PIP, that is the time they should be documenting everything. Did they have emails showing the way they used to do something was the correct way. Can they prove they are getting emails to change a process or do differently than other people are not being required to do? Do they have proof that they are being treated differently than other people? This is one of the biggest ones people do not seem to get. If you have a manager you do not like, but they treat everyone the same. It makes much harder to prove they were treating you differently. That they were out to get you.

People throw out the discrimination word frequently, but I really think most people do not understand what it means in the workplace. It has a very specific tight meaning, it is not a big wide net catch-all. Harassment is another one, very hard to prove, or a hostile work environment. Again they all have very specific things that would have happened and be documented.

Many times after someone has been terminated, the company will not fight against them getting unemployment benefits. Your friend should check into it to see if she can get it.

The best thing your friend can do is let go of her anger, and move on. Because if she thinks she has a case. First stop is the EEOC, they will decide if they think there is a case. This does not happen quickly. Even if they do not pursue, what they still decide is there enough grounds to tell an employee they can now pursue a civil lawsuit. Then and only then can your friend go out and tell her story and try to get a lawyer to represent her.

28w
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William Story III
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I would say from personal experience and observing coworkers that that's probably a sign to leave the company. Either that or communicate very well with HR. Maybe the EEOC too though I'm not as informed on that. Could be a sign that company is trying to make cutbacks IMHO. I'm a Millennial so I have less work experience to draw upon.

28w
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Linda Keeton
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If your friend is older, sounds like a push out. EEOC protects harassment from owners, supervisors but not peers. I experienced this and had I been black, and the age 71, I would have been in a protected class. Since that was not the case, I had a choice, perseverance or abandonment. I chose perseverance and they finally reacted to a false accusation and I was fired. 12 years with company. I drew unemployment.

28w
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Angela Caldwell
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Contract EEOC! There is a retaliation law where if they terminate her she could file a lawsuit.

28w
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Paul Winger
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Initial response, contact the EEOC. I need you to write down why your supv. talked to you in such a way (they probably said so when talking to you). A bit of employment history, how long, other supv., etc. The EEO people will ask for the letter from you starting your case. Have been through this a lot myself. Good luck to you.

28w
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Sasha Rogers
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What Glorioso below said is correct. A bad or unfavorable evaluation does not fall under Discrimination. It be nice if it was that easy, but a supervisor, especially a new supervisor could have any one of a number of reasons for an unfavorable evaluation. Our court systems would be so tied up if everyone, who thought their evaluation was unfair filed a complaint. The way I see it, as both an HR Department head, and someone whose been in the job market themselves, either let was said make you stronger and more determined, or start looking for a new position while you keep your current one. No one's going to tell you to stay someplace where you're unhappy though. Filing a complaint may solve the problem short-term, but it might also make things more tense with Management.

28w
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Maribel Florez
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This situation is very bad

26w
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Earl Sapp
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Your friend should see a lawyer, and file a suit against that place

22w
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Paul Raye
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Sometimes people try to test u

21w
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