[ARCHIVED THREAD] - Case closed. (Page 1 of 2)
Posted: 6/29/2015 3:03:42 PM EDT
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I've never been in this position before and know nothing about legal advice.
Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.
Thoughts on what to do? I cannot stand people like this, am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year. |
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It may be far easier to find a new job then to think there is any worth to filing suit for footwear issues and the supervisor "does not like me" offense.
Although, I am sure there is some sleezebag attorney that will Pro Bono the case and will leave you both with less than when you started with. |
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Find another job. You'd have a hell of a hard time with a "hostile work environment" because none of the behaviour you mentioned seems to be based on protected class criteria. "My boss is an ass" isn't actionable.  This is sage advice. It sounds like her boss is making it difficult. Not sure the reason, but it's best to find somewhere else. As a side note: If she files suit, be damn sure she can win. A lot of employers will not hire a lawsuit happy employee. Too many things can go sideways, thru no fault of anyone, and the employer does not want to be on the hook for a large amount of money should your GF decide she wants to file suit again. |
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This is sage advice. It sounds like her boss is making it difficult. Not sure the reason, but it's best to find somewhere else. As a side note: If she files suit, be damn sure she can win. A lot of employers will not hire a lawsuit happy employee. Too many things can go sideways, thru no fault of anyone, and the employer does not want to be on the hook for a large amount of money should your GF decide she wants to file suit again. Quoted:
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Find another job. You'd have a hell of a hard time with a "hostile work environment" because none of the behaviour you mentioned seems to be based on protected class criteria. "My boss is an ass" isn't actionable. This is sage advice. It sounds like her boss is making it difficult. Not sure the reason, but it's best to find somewhere else. As a side note: If she files suit, be damn sure she can win. A lot of employers will not hire a lawsuit happy employee. Too many things can go sideways, thru no fault of anyone, and the employer does not want to be on the hook for a large amount of money should your GF decide she wants to file suit again. That was my thought. She has a good resume and education, and shouldn't have a problem finding alternative employment - just wanted to ask on her behalf from those in HR/legal that may have insight. Thanks! |
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I've never been in this position before and know nothing about legal advice. Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.
Thoughts on what to do? I cannot stand people like this, am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year. You consider this hell? Holy shit, you must not have worked corporate long. 1) Forget the shoes, it's shoes. Wear something more comfortable anyways. 2) HR department already directed to listen to supervisor 3) Male counterpart was re-hired. Re-hired means that the company fucked up and they want you back, AKA, HIGHER salary as per usual. If your gf leaves citing low salary then they MIGHT just might offer her higher pay. 4) Hours gets changed all the time depending on projects or deliveries. Salaried does not mean 40 hour work weeks comprised of 9-5 times or special time arrangements. I can't see any lawyer wanting to take this. Find another job would be my suggestion. |
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I've never been in this position before and know nothing about legal advice. Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.
Thoughts on what to do? I cannot stand people like this, am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year. Not a lawyer, but nothing you've said sounds like discrimination based on any of the protected classes. If you can prove beyond all doubt that her boss won't let her wear heels/ changed her work schedule because of her... -Race -Gender -Sexual orientation -National origin -Religion -Etc Then maybe you sue. Maybe. Otherwise, it just sounds like the new boss wants her out, for whatever reason. Is Michigan an "at-will" employment state, or would they have to fire her for cause? Maybe they want her to quit instead of just firing her... |
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Not a lawyer, but nothing you've said sounds like discrimination based on any of the protected classes. If you can prove beyond all doubt that her boss won't let her wear heels/ changed her work schedule because of her... -Race -Gender -Sexual orientation -National origin -Religion -Etc Then maybe you sue. Maybe. Otherwise, it just sounds like the new boss wants her out, for whatever reason. Is Michigan an "at-will" employment state, or would they have to fire her for cause? Maybe they want her to quit instead of just firing her... Quoted:
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I've never been in this position before and know nothing about legal advice. Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.
Thoughts on what to do? I cannot stand people like this, am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year. Not a lawyer, but nothing you've said sounds like discrimination based on any of the protected classes. If you can prove beyond all doubt that her boss won't let her wear heels/ changed her work schedule because of her... -Race -Gender -Sexual orientation -National origin -Religion -Etc Then maybe you sue. Maybe. Otherwise, it just sounds like the new boss wants her out, for whatever reason. Is Michigan an "at-will" employment state, or would they have to fire her for cause? Maybe they want her to quit instead of just firing her... This is my thought. |
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I think you are just looking for shit to get wound up about.
If wearing high heels at work is such a big fucking deal, your girl friend should get a better job, in a better environment. Don't stir shit up, it may not work out the way you think it should. By the way, how old are you? |
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I think you are just looking for shit to get wound up about. If wearing high heels at work is such a big fucking deal, your girl friend should get a better job, in a better environment. Don't stir shit up, it may not work out the way you think it should. By the way, how old are you? I think that is childish to restrict a single employees actions or appearance without just cause. Call me crazy but I served in the Marine Corps on that premise (Freedom). |
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Just the girlfriend. Many other managers and employees wear them without reprimand. Quoted:
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Any other female coworkers prohibited from wearing heals or just your girlfriend? Just the girlfriend. Many other managers and employees wear them without reprimand. Get pictures and DOCUMENT, DOCUMENT, DOCUMENT! It sounds like she SHOULD have a case for workplace harrasment but that probably only works against MALE supervisors! But I agree, she should get out of there. Lawsuit or not. Life's too short to live in fear of A-hole bosses. |
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Get pictures and DOCUMENT, DOCUMENT, DOCUMENT! It sounds like she SHOULD have a case for workplace harrasment but that probably only works against MALE supervisors! But I agree, she should get out of there. Lawsuit or not. Life's too short to live in fear of A-hole bosses. Quoted:
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Any other female coworkers prohibited from wearing heals or just your girlfriend? Just the girlfriend. Many other managers and employees wear them without reprimand. Get pictures and DOCUMENT, DOCUMENT, DOCUMENT! It sounds like she SHOULD have a case for workplace harrasment but that probably only works against MALE supervisors! But I agree, she should get out of there. Lawsuit or not. Life's too short to live in fear of A-hole bosses. She has been. Emails from HR, pictures, etc. and like I said - she is the ONLY female reprimanded and she is also the only one that doesn't look like a bag of yogurt. |
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As a few others have said, this is a personal thing between her and the Manager. It is obvious the Manager does not care for her but I honestly do not see any lawyer taking this case based on discrimination. Mandating the type of shoes you wear and the hours you work (if you are salary) does not fit into what I would consider breaking company policy or discriminating against her.
With only over 6 months at the company that does not help her much either. I would simply look for another job. |
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Quoted:
I've never been in this position before and know nothing about legal advice. Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.
Thoughts on what to do? I cannot stand people like this, am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year. you aren't getting the whole story. I don't know what is going on but this isn't 100% of it. |
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I've never been in this position before and know nothing about legal advice. Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.
Thoughts on what to do? I cannot stand people like this, am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year. leave. its obvious that they do not have cause. but they want her to leave. |
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you aren't getting the whole story. I don't know what is going on but this isn't 100% of it. Quoted:
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I've never been in this position before and know nothing about legal advice. Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.
Thoughts on what to do? I cannot stand people like this, am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year. you aren't getting the whole story. I don't know what is going on but this isn't 100% of it. I had the same thoughts. |
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Thoughts on what to do? I cannot stand people like this, am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year. It's time to move on. This is not a good situation. You're going to have to find a new girlfriend with a more reliable long term source of income. This one could be shut off at any time. |
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If you want to dick around with this...
large companies almost always have employee handbooks. While they may mandate types of attire as appropriate for the workplace I've never seen one that talked about shoes anywhere other than a factory or shop floor, construction, etc. If girlfriend wants to make a stink and the employee handbook does not cover footwear applicable to her, she should wear whatever she wants. Then let her manager take it up with HR. She's already on the manager's shit list, this won't make it worse (according to you). |
| It sounds like for reasons known only to herself (and maybe HR), the supervisor wants your girlfriend to quit. It is actually a pretty common tactic to push someone as far as the employee manual will allow in an effort to get them to leave. No unemployment claims that way. |
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Nothing there is improper, OP.
Work is not our living room. Sometimes people who pay us get to tell us what to do. And we don't even have to like it. As for the guy "brought back." Sounds like he has more experience than your GF. This could easily explain more money (she's only been working 6 mos, right?) Is this your GF's first "real" job? I think this may be a case of discomfort in the adjustment period from college to real life. Posted Via AR15.Com Mobile |
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Nothing there is improper, OP. Work is not our living room. Sometimes people who pay us get to tell us what to do. And we don't even have to like it. As for the guy "brought back." Sounds like he has more experience than your GF. This could easily explain more money (she's only been working 6 mos, right?) Is this your GF's first "real" job? I think this may be a case of discomfort in the adjustment period from college to real life. Posted Via AR15.Com Mobile Nothing wrong with standing up to a bully boss when/if you're treated unfairly. Should also be looking for a better job, too. Always good to have a Fuck You in your pocket. Now, I've.never had to put up with corporate environment. In tool shops, if the boss is an ass, you tell him so and go to the next shop or start your own. They need me more than the other way round. It's wise to put yourself in such stead. |
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Quoted: It sounds like for reasons known only to herself (and maybe HR), the supervisor wants your girlfriend to quit. It is actually a pretty common tactic to push someone as far as the employee manual will allow in an effort to get them to leave. No unemployment claims that way. |
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If HR won't even help her, she probably needs to look for employment elsewhere. It sucks to have to work with/for shitty people. BTDT
Yeah. Long ago, I had a female supervisor who took it upon herself to make my life miserable. I talked to HR, they said "Yeah, that's wrong, we can talk to her, but in the end, she'll still be your boss." I got the hint. I started putting out resumes, and left the company a week and a half later. I've moved on to such bigger and better things that it's ridiculous. OP, have her start looking for other employment. On a side note, after all of that happened, I found out that the previous two people to have that job quit for the same reason. They finally just got rid of the position entirely. |
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The only thing that might be actionable is the male who got a promotion, but you would have to establish that the promotion was based on gender, and that your GF was passed over due to her gender. Go get a new job instead. In federal employment discrimination lawsuits, one usually needs to prove a pattern of discriminatory behavior to prevail. Having a sample size of one isn't going to cut it. There could be all sorts of intangibles where the guy (even if they prefer men over women) could be deemed a superior choice. Now, in the OP's fact pattern, the shoes might be an issue, but only internally and not at the federal level. If she can prove that all of her peers are allowed to wear high heels and that her boss wears high heels, she might be able to put some pressure on HR to do something, but that then tolls a death knell. Chris |
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I've never been in this position before and know nothing about legal advice. Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.
Thoughts on what to do? I cannot stand people like this, am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year. Working for people like that will take years off your life. It's not worth it. Tell her to shake the dust from her feet and move on. If it bothers you that they are "getting away" with being like that, just remember that being that kind of miserable person is its own punishment. Leave them to stew in their own poison. |
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Quoted: In federal employment discrimination lawsuits, one usually needs to prove a pattern of discriminatory behavior to prevail. Having a sample size of one isn't going to cut it. There could be all sorts of intangibles where the guy (even if they prefer men over women) could be deemed a superior choice. Now, in the OP's fact pattern, the shoes might be an issue, but only internally and not at the federal level. If she can prove that all of her peers are allowed to wear high heels and that her boss wears high heels, she might be able to put some pressure on HR to do something, but that then tolls a death knell. Chris Quoted: Quoted: The only thing that might be actionable is the male who got a promotion, but you would have to establish that the promotion was based on gender, and that your GF was passed over due to her gender. Go get a new job instead. In federal employment discrimination lawsuits, one usually needs to prove a pattern of discriminatory behavior to prevail. Having a sample size of one isn't going to cut it. There could be all sorts of intangibles where the guy (even if they prefer men over women) could be deemed a superior choice. Now, in the OP's fact pattern, the shoes might be an issue, but only internally and not at the federal level. If she can prove that all of her peers are allowed to wear high heels and that her boss wears high heels, she might be able to put some pressure on HR to do something, but that then tolls a death knell. Chris Edited: There are three general types of discrimination cases. 1. Disparate Treatment. Individual discrimination. Prove that an adverse employment action happened due to race, gender, etc. 2. Disparate Impact. Statistical case. Prove that company X employes a practice that discriminates against a protected class, and prove that the practice is not necessary to the functioning of the business. 3. Pattern or Practice. A hybrid of 1 and 2. Use statistics to prove that company X systemically discriminates against a protected class along with anecdotal evidence of discriminatory intent (i.e., comments about "women can't do this job" from management, etc.). |
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Quoted: Nothing wrong with standing up to a bully boss when/if you're treated unfairly. Should also be looking for a better job, too. Always good to have a Fuck You in your pocket. Now, I've.never had to put up with corporate environment. In tool shops, if the boss is an ass, you tell him so and go to the next shop or start your own. They need me more than the other way round. It's wise to put yourself in such stead. Quoted: Quoted: Nothing there is improper, OP. Work is not our living room. Sometimes people who pay us get to tell us what to do. And we don't even have to like it. As for the guy "brought back." Sounds like he has more experience than your GF. This could easily explain more money (she's only been working 6 mos, right?) Is this your GF's first "real" job? I think this may be a case of discomfort in the adjustment period from college to real life. Posted Via AR15.Com Mobile Nothing wrong with standing up to a bully boss when/if you're treated unfairly. Should also be looking for a better job, too. Always good to have a Fuck You in your pocket. Now, I've.never had to put up with corporate environment. In tool shops, if the boss is an ass, you tell him so and go to the next shop or start your own. They need me more than the other way round. It's wise to put yourself in such stead. First: where's your avatar?? Second: Employee definition of fair: Fair = I got what I wanted Unfair = I did not get what I wanted Employee definition of bully manager: A boss who sometimes says no, and means it. |
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None of that is actionable, GF needs to brush up her resume and find another job.
If she wants to be catty about it she can spread it around on her last day that her new position is offering triple her current salary - even if it's not - just because living well is the best revenge. |
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Depends on if you live in a "work at will" state. This means an employee can be fired at any time and for any reason, or for no reason at all, as long as the reason for the firing is not illegal.
Discrimination by a female boss on a female employee would be next to impossible to prove... |
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Heel wearing isn't a protected act. That isn't discrimination.
Disparate treatment is the problem here. They have the authority to adjust shifts. It is their business. The shoe aspect should be monitored. Have her comply for now. Have her document everyone else violating it. The guy being hired back doesn't mean much. |
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That's a negative. Quoted:
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Not sure if she ever goes out in the manufacturing area but our company does not allow heels to be worn on the shop floors. That's a negative. Get her some good flats. Several pairs. Her boss won't be able to say anything about heel height with no heels, and she can still dress appropriately for an office. For women they're good (and apparently very comfortable) summertime footwear. At my job the rule for heels is an inch and a half, but it's mostly warehouse so none of the women are in heels anyhow. "Cute" flats will be the workaround that'll make her boss crazy, especially if she gets compliments from her female coworkers. |
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I think that is childish to restrict a single employees actions or appearance without just cause. Call me crazy but I served in the Marine Corps on that premise (Freedom). Quoted:
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I think you are just looking for shit to get wound up about. If wearing high heels at work is such a big fucking deal, your girl friend should get a better job, in a better environment. Don't stir shit up, it may not work out the way you think it should. By the way, how old are you? I think that is childish to restrict a single employees actions or appearance without just cause. Call me crazy but I served in the Marine Corps on that premise (Freedom). Huh? I think I gotta call you crazy for comparing freedom worth dying for to a boss telling your girlfriend what kind of shoes to wear at work. I'm really, really not seeing the connection. 
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