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Tommygunzz

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Posts posted by Tommygunzz

  1. I'm so sorry to hear of this situation. It sounds to me like you were discriminated on the basis of gender, age, and sexual orientation. In a right to work state it will be an uphill battle. I agree you should consult a qualified discrimination lawyer for proper advice.

     

    I also suggest you check out the state of Nevada employment commission or equal opportunity office. Check out the federal Equal Employment Opportunity Commission (EEOC) website for guidance as well. These government entities are good sources for understanding your rights and how these cases can be resolved. The upside here is that this is free information and you can educate yourself for no cost.

     

    Perhaps you can file a complaint with either entity. This would open a file on the company.

     

    I was advised by a colleague friend in my company's legal department to never ever sign the separation agreement on first review. Request 24 hours to look it over and get legal advice if you can before signing. Most companies will play hardball on this but never hurts to try such a move.

     

    Also post a comment on any and all of the corporate review sites like Glass Ceiling. You will find hundreds of ratings and comments about major companies and organizations. These insider reviews can be insightful for determining if a prospective employer is a good fit. And the added benefit is you could add a rating for your former employer. ;)

     

    Thank you. Good comments. I thought I’d done a fair enough search when I decided to move my ass to Las Vegas, even though I’d advised many others to be wary of moving for a job. Btw I have moved myself many times during my career—WA OR AK NY TX NV. I’m done.

     

    Tomorrow I’m emailing the VP contact and escalating it all up a notch. I’ll tell him again that I’ve been discriminated and harassed on the job. I’m ready to escalate to the CEO if the company and to the CEO of the investment company.

     

    I’m not afraid of the consequences. I’d like a little justice, that’s all.

     

    Thanks ArVaGuy. All comments appreciated.

  2. Sounds like a mildly crappy place to work....that is...it sounds like most jobs.

     

    My own two cents is that you don't have anything that even remotely resembles a case.

     

    Asking for 3x your annual salary for percieved minor slights while employed....

    that didn't bother you enough at the time to file complaints with HR....or to quit....

    will only get you laughed at.

     

    You didn't build a case while you were employed....and it's impossible to build one now.

     

    Use your time and energy productively...stop eating sour grapes....and move on!

     

    Look for a new job, a new life, volunteering, get a hobby....anything.

     

    You're running down a dead end street based on your hurt feelings because you were fired.

     

    Don't waste your time and don't give them the satisfaction of watching you make a fool of yourself.

     

    Ouch. Thanks for your opinion. All comments are appreciated.

  3. Find a good lawyer. Period

     

    If what you are saying is accurate, regardless of the state, laws governing discrimination, whether it is race, age, sexual orientation, religious, often comes with zero tolerance.

     

    I had the identical situation at work a number of years ago. I was the victim of harassment over being gay, and over my race. The harassment was subtle and often with innuendos. The first time it happened I pushed back very hard. I filed a complaint with corporate, pursued complaints with HR, but the situation escalated.

     

    I finally got a lawyer. Some lawyers will tell you that you need to show that you have been damaged in some way, either financially or emotionally. Denied a promotion, salary cut, transferred to another area making it difficult to commute , layed off, forced into early retirement, demoted unfairly, or they want you to show that you have been emotionally damaged in some way, that impacted your ability to perform your job... however that is not necessarily the case. None of those things had happened to me, I was just being harassed, which is why you need the right lawyer.

     

    At the end of the day, when the lawsuit was finally settled, one of the guys in the office was terminated. I took a year off work on their dime, with full benefits, and then they had to pay me an additional year of disability, and they allowed me to retire early without being penalized, and then they wrote me a big fat check. Two days later I packed my bags and headed to Florida. On the day that I flew out of LA, I hired a limo to take me to the airport. At 7am I passed our office, the driver asked if I wanted to stop at Starbucks for a coffee. He pulled the car right up to the front door and let me out. When I walked up, three of the guys from the office were sitting at a table just outside the door, when I looked down they were just sitting there staring at me with this look of bewilderment. I looked down and said "Yes gentlemen, it's me, y'all have a nice day now". I got my coffee and the driver opened the door for me. When I got inside, I said to the driver, "Take your time pulling out of here" He just started laughing.

     

     

    Thanks Bigvalboy. Good advice and an uplifting story. Thanks for sharing.

  4. I think @LaffingBear has hit the nail on the head, especially about the issues not being reported at the time they occurred. If you are serious about this, please heed the advice of seeking council.

     

    One question I have is... was there any severance provided? If so, you likely waived any rights to legal action. That said, in the case of age discrimination you have 7 days to revoke a signed severance.

     

    Based on the information provided, the one thing that most strikes me as odd is a performance based termination without any prior discussion. Most companies, especially large ones, will document performance issues in excruciating detail and put an employee on a performance improvement plan prior to termination. It's worth noting that in Nevada you have 60 days from termination to inspect your personnel file. Perhaps that is your first step.

     

     

    Thanks DiscoveringMe:

    Severence. I was provided an additional two weeks of regular pay, in addition to what I was owed, plus my unused vacation. It was not referred to as "severance" in my termination letter and no severance was offered.

     

    I agree with you about the termination based on job performance when there was no discussion or documentation to that claim. The employee handbook does outline 5 pages of procedures to improve an employee's performance when it's determined to be lacking. That procedure was not followed in my case. But, it's kind of a catch-22---they outline a procedure, but then state in the next paragraph that employees are hired "at will" and "<the company> retains the right to end the relationship at any time for any reason."

     

    Good suggestion about inspecting my personnel file. Might have a look.

  5. If you decide to keep working, perhaps the guarantee of a really good letter of recommendation would be worth more $ than you will probably get.

     

    Thanks FunGuy. I don't plan to ask them for a letter of recommendation. I will request one from the woman who hired me, and who by the way, was also released on her six-month anniversary with the same vague reason of "job performance issues."

  6. You might want to consider consulting with a plaintiff-side employment lawyer in the area where you worked. They can tell you what realistic expectations are, whether you have a claim worth pursuing, and the various avenues open to you, such as an EEOC complaint process, a state employment discrimination process, or other avenues. Many will offer a free consultation, although whether the good ones where you are, I can't say. If you can get a free consultation, which is usually 30 minutes to an hour, you should present yourself well, have any relevant paperwork organized, and be prepared to give a coherent capsule summary of what happened in very concrete, linear chronology. Including the parts that might not be favorable to you. Good luck!

     

    I had not considered an EEOC complaint, or filing with the state. Both good suggestions and might just be enough to bring attention to my claim and get the company to settle with me as a nuisance. Thanks FurryDude.

  7. I tend to agree. But if you're determined to follow up, get an attorney.

     

    Speaking as a former manager, VP in a publicly-traded corp, I didnt read anything that sounds like actionable discrimination. Inappropriate - yes. Perhaps borderline harassment or hostile... They'll respond that you had a duty to address the matter while employed, and "spin" it as sour grapes after termination.

     

    With an attorney, you might get a settlement as a nuisance... But then you won't be able to list that employer. Depending on where you are in career plans, that may not matter.

     

    It's a huge energy drain to pursue a settlement,potentially expensive, and you may never get the outcome thats truly helpful. Give serious thought to moving on.

     

    Thanks LaffingBear. I wondered if anyone thought this sounded like actionable discrimination, so I appreciate your perspective. Totally agree about the inappropriateness of the comments. I had moved to Nevada for this position based on my conviction that this would be a wonderful end to my working career, totally doing something that sounded interesting, rewarding and different. It turned into a nightmare, and I've packed up and moved back to Texas.

     

    I'm not above going out poking the bear--no pun intended--and think I might stick on this a while longer.

     

    Thanks for all the comments.

  8. yeah you have a huuuuuuuuuge up hill battle in Nevada. you'll need more concrete proof then what you have (pretty much the burden of proof is all on you to provide.) .. and good luck on the compensation. i don't think its going to happen, unless the employees in question admit to what they did.. and if they have any ounce of self preservation they wont.

     

    Thanks Sincitymix. I agree that my "evidence" is a bit thin, but am counting on this to create enough of a nuisance and distraction that they might want to settle with me and move on.

  9. To the point in the title of the thread, I would say you were definitely discriminated at work. It takes time to train yourself to be constantly on guard, but it's worth the effort. At the very first remark about grey hair and dad bod, I would have asked if I should expect age discrimination from everyone here at (company name)? Any non-white friends--I don't ask friends for DNA information, do you? Driver license picture--you show me yours, I'll show you mine. I detest confrontation, but sometimes you won't get any respect until you release the bitch in you.

     

    Thanks for the advice Sync. I am currently 63 and only a couple of years away from when I thought I would retire. My planner says I can retire now and still be OK to live to 95, so that is a comfort. It also puts me at a point in my life where I feel like I would like to release that inner-bitch and not have to worry about some other retaliation. I'm back in Texas now, so it could be a costly out-of-state fight, but I would delight in taking this a bit farther, if only to make a few former co-workers miserable.

     

    The company is owned by investors and they would like to spin the company off. I think that this might be some publicity that they would not enjoy. I'm also not above reaching out to the CEO of the company in Montreal and the CEO of the investment group in Ft Worth.

  10. After 7 months at a new job, I was let go for "job performance issues". No other clarification. No warning. No previous discussion about job performance. Not even a 6 month review. My employment was "at will" meaning that they could let me go for any reason without warning. But, I don't think discrimination---ageism, sexual orientation and sex---is covered.

     

    Some things happened during my tenure that I recorded in my notes:

    • My boss's boss made a comment the first time that she met me that I was "nothing like she expected." I kind of laughed and pressed her why and she said that she didn't expect my gray hair and Dad-bod.
    • Same person continually addressed me (and others) as "Love". Like "How are you today Love?" "Yes, Love, what is it?"
    • My immediate supervisor told me the reaction of two other people who interviewed me. They didn't think I was "gay enough for (her boss). "You know how she likes her Gays."
    • In a group conversation at work, one co-worker asked if I had ANY non-white friends.
    • Same co-worker asked to see my driver's license picture one day and checked out my birth date, then remarked that she had no idea I was that old.
    • Another co-worker, who knew I was Gay (I was open with everyone at work), made a comment to me one day in the hallway when I almost ran into her on my way to the men's room. Another man had just walked by us and I was checking him out. The co worker suggested that I should watch where I was going and not to be looking at other men.

    There's a few more, but that's the general idea.

     

    I just had a phone-review this week with a Senior VP about my concerns. I worked in his group, but only with limited exposure. He is high enough up in the organization to make a decision on this, or at least high enough to influence HR. I had sent him (and the VP of HR) an email 2 weeks after my termination and listed all of the above in the email. He agreed to talk to me. The HR VP said that she would speak to him after the conversation. The discussion went well and I kept bringing up "discrimination" and "diversity." I told him that I felt I had been discriminated against. His only response was that he would look into this and get back to me. No time frame.

     

    This company is the world's largest in it's field. The workforce is diverse and inclusive, so I'm surprised at the comments that I received from people who should be more sensitive. They are protective of their image and would not welcome any adverse publicity that this might cause them.

     

    I don't want my job back. I do want to be compensated for what I feel has been an injustice. My question is how much should I go for. One friend suggested starting at 3x annual salary. I would be willing to accept much less.

     

    I am not sure I would ever go as far as to actually take them to court. (They are based in another Country.) However, I would ask an attorney friend to write a letter intended to make them think I was serious. I am prepared to make comments in social media (Facebook, Instagram, blogs, Linked In, Glassdoor, etc.) to turn up the heat. I also don't want this to drag on too long, so I want them to make a decision quickly--let's say in a couple of weeks.

     

    Advice?

  11. I'm on my second reading of the book by Kevin Kwan. The character development is awesome. This clip doesn't make me want to see the movie, but I will because I really enjoyed the book. Agreed that Henry Golding is hot. Perfect for the playing the character Nicholas Young.

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