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Old 04-14-2009, 02:10 PM
 
Location: USA
163 posts, read 420,959 times
Reputation: 97

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not looking to sue really.

I work for a rather large company but even so, with the economy now, there aren't many positions open.

So if I do go to HR and crapola hits the fan, I doubt I can still work here in the same department.


And there is my manager, her supervisor, and then her supervisor.


I am the most qualified of the group with the most amount of experience and yet I am the most picked on. I have had other ppl email me and tell me that something is wrong.

I really don't like using the race card but what other reason could there be?
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Old 04-14-2009, 02:24 PM
 
2,365 posts, read 11,135,852 times
Reputation: 696
Quote:
Originally Posted by CasusBelli View Post
not looking to sue really.

I work for a rather large company but even so, with the economy now, there aren't many positions open.

So if I do go to HR and crapola hits the fan, I doubt I can still work here in the same department.


And there is my manager, her supervisor, and then her supervisor.


I am the most qualified of the group with the most amount of experience and yet I am the most picked on. I have had other ppl email me and tell me that something is wrong.

I really don't like using the race card but what other reason could there be?
Well, if your conflict is because you are handicapped, female, a minority, veteran, homosexual, over 40 years, etc... then go for it!!

but the only other way is finding a way to get along with your supervisor or ask for another department.

And really people usually dont' care what a wiz kid you are, if they don't like you.



but if you are being mistreated due to one of the above reasons, then mediation may be obligatory depending on your employment agreement. but this only kicks in if you file a EEOC claim and sue them!




but you will have to keep detailed records like Annerk said, to prove your case.

take care and good luck!

Last edited by gea12345; 04-14-2009 at 02:34 PM..
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Old 04-14-2009, 06:26 PM
 
9,855 posts, read 15,227,507 times
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CasusBelli, does your boss act that way towards any other asians? If he doesn't, it is not race. Sometimes people just rub each other the wrong way, and maybe you do with him. I am in no way justifying his actions - I am just saying sometimes people are just a**es.

Pay attention, if he is racist he will act that way towards all asians, and if he does, then two or thee of you walking into HR makes a more powerful case than just you.
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Old 04-15-2009, 08:35 AM
 
Location: USA
163 posts, read 420,959 times
Reputation: 97
Quote:
Originally Posted by hnsq View Post
CasusBelli, does your boss act that way towards any other asians? If he doesn't, it is not race. Sometimes people just rub each other the wrong way, and maybe you do with him. I am in no way justifying his actions - I am just saying sometimes people are just a**es.

Pay attention, if he is racist he will act that way towards all asians, and if he does, then two or thee of you walking into HR makes a more powerful case than just you.

one asian has left....no reason given but his departure was quick and unanticipated. Another asian too was reprimanded for something but she took it with a grain of salt and kept to herself.

I am not really leaning on racism but more to the fact that it has become a hostile workplace for me.

For example, I just came back from the bathroom to a crowd of ppl huddled around some employees desk laughing at some video posted on youtube. In the same breath, the manager tells me that I should not be checking the weather on cnn.com.
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Old 04-15-2009, 08:39 AM
 
26,585 posts, read 62,138,272 times
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Quote:
Originally Posted by CasusBelli View Post
one asian has left....no reason given but his departure was quick and unanticipated. Another asian too was reprimanded for something but she took it with a grain of salt and kept to herself.

I am not really leaning on racism but more to the fact that it has become a hostile workplace for me.

For example, I just came back from the bathroom to a crowd of ppl huddled around some employees desk laughing at some video posted on youtube. In the same breath, the manager tells me that I should not be checking the weather on cnn.com.
These are the types of things you've got to document. Also if you can in touch with the employee that left and find out what the scoop was, it might be a good idea.
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Old 04-15-2009, 08:43 AM
 
2,365 posts, read 11,135,852 times
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Originally Posted by annerk View Post
These are the types of things you've got to document. Also if you can in touch with the employee that left and find out what the scoop was, it might be a good idea.

i understand your point Annerk, but unfairness is part of life, and courts of law will not seek to adjudicate these matters.

however, if the manager allows all of the italians, polish and english to look at weather announcements and does not allow the asians, but writes them up and jeapordizes there ability to make a living..

then that is relevant in an eeoc claim... (it might be relevant in an unemployment compensation claim. but their bar is pretty low to convince them, unless the employer appeals the claim.)

good luck!
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Old 04-15-2009, 08:45 AM
 
26,585 posts, read 62,138,272 times
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Originally Posted by gea12345 View Post
i understand your point Annerk, but unfairness is part of life, and courts of law will not seek to adjudicate these matters.

however, if the manager allows all of the italians, polish and english to look at weather announcements and does not allow the asians, but writes them up and jeapordizes there ability to make a living..

then that is relevant in an eeoc claim...

good luck!
If a consistent pattern can be determined and other Asians can corraborate that they too were disciplined for things that non-Asians weren't, it's a pretty solid case. That's why I suggested contacting the former coworker.
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Old 04-15-2009, 08:49 AM
 
2,365 posts, read 11,135,852 times
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Originally Posted by annerk View Post
If a consistent pattern can be determined and other Asians can corraborate that they too were disciplined for things that non-Asians weren't, it's a pretty solid case. That's why I suggested contacting the former coworker.

True! ( i was responding to the U-tube v. weather description...sounds unfair, but not to the level of ethnic discrimination, especially, if looking at weather is not work, and will not go over well with U.C. or a court of law, even if unfair! that is life, imo.) (For example, the paralegal i worked with at my last job, who was scots-irish was allowed to do things that i was not, and i am jamaican. Definitely, unfair, but that is life, even if it serioulsy pissed me off. Her excuse was that she had worked there longer...)

so try to find things more serious!!

again good luck!
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Old 04-15-2009, 09:04 AM
 
Location: USA
163 posts, read 420,959 times
Reputation: 97
Quote:
Originally Posted by gea12345 View Post
True! ( i was responding to the U-tube v. weather description...sounds unfair, but not to the level of ethnic discrimination, especially, if looking at weather is not work, and will not go over well with U.C. or a court of law, even if unfair! that is life, imo.) (For example, the paralegal i worked with at my last job, who was scots-irish was allowed to do things that i was not, and i am jamaican. Definitely, unfair, but that is life, even if it serioulsy pissed me off. Her excuse was that she had worked there longer...)

so try to find things more serious!!

again good luck!

This is just one example of many.

Another example is possible doctoring of my performance records. I was told in my monthly reviews that my performance was sub-par. I thought to myself that it could not be but since they had all the numbers but who was I to argue. But then I noticed these print outs of performance numbers for the whole team. I had the highest numbers. So how is it that I have the worst performance? I decided to swipe a copy (unethical I know but it was on the public printer) anyways.

I am not seeking legal or monetary relief. Just trying to decide what I should do.
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Old 04-15-2009, 09:14 AM
 
2,365 posts, read 11,135,852 times
Reputation: 696
Quote:
Originally Posted by CasusBelli View Post
This is just one example of many.

Another example is possible doctoring of my performance records. I was told in my monthly reviews that my performance was sub-par. I thought to myself that it could not be but since they had all the numbers but who was I to argue. But then I noticed these print outs of performance numbers for the whole team. I had the highest numbers. So how is it that I have the worst performance? I decided to swipe a copy (unethical I know but it was on the public printer) anyways.

I am not seeking legal or monetary relief. Just trying to decide what I should do.

Well, you appear to be saying that you don't think it is related to you being Asian and that you don't want to sue. But you don't want to ascribe your manager's unfairness to her being of a different ethnic group than you.

So, if you don't think it is ethnic related, then you will need to sit down with your manager and ask her how you can improve! Solicit her opinions and her managers, etc.... write down what they say, and then follow it.

Or you can follow all the rules, keep your head down and start looking for a new job or wait for them to pick on someone new.

Or you can quit.

I doubt they will bring in a neutral mediator to "fix' your manager. Life is unfair like that and in my case, I quit or keep my head down and follow the rules, even if others do not.

If you think it is ethnic discrimination, then keep a record of everything. You might want to read some legal discrimination cases of what is needed to prevail.

Usually, it is for example, being passed over promotion year after year, because of your ethnicity.
or being called derogatory names related to being asian day after day, week after week.
Or co-workers abusing you and the employer ignoring it, etc....



Having read these cases, it is hard to prove discrimination, if the employer is smart! But not impossible.

good luck

p.s. i really dont' understand why you need to swipe your performance evaluation. usu. they give you a copy that you must sign. But since you are in a sales environment, you need to sit down with your manager and request weekly performance evaluations, until you get back on track, in their opinon.

Last edited by gea12345; 04-15-2009 at 09:22 AM..
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