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kfad
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Post subject: I have an HR question Posted: Mon Oct 15, 2012 10:34 am |
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| Heeeerrrrree's JACKY! |
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Joined: Wed Oct 20, 2010 1:39 pm Posts: 2849 Location: the Eug
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My hours were cut half way through September. But the phrasing that was used makes me wonder. I was told that my hours were cut because we need to save money and they are cutting my hours because I have a husband who makes good money.
Now... I don't talk about what he makes. I don't talk about any of that at the office.
Just wondering if there is anything I can do about any of it.
Thank you!
_________________ Don't mind my breasts and vagina, I'm a gay man.---Idatetatooedguys.
"Tots: the universal food band-aid... better than a mother's kiss. Healin' wounds since 1954." Meggs
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Tofulish
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Post subject: Re: I have an HR question Posted: Mon Oct 15, 2012 10:43 am |
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| Semen Strong |
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Joined: Tue Oct 19, 2010 7:10 pm Posts: 15241 Location: Cliffbar NJ
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Do you have that in writing?
Basically, you're alleging discrimination on the basis of gender. Because you are a woman who has a husband, there is an assumption that he can provide for you so you don't *need* to work.
That said, it is a reeeeeeeeeeeeeeeeeally uphill battle to prove anything like that, and the burden of proof is (obvs) on you.
I'd ask a local lawyer who knows the applicable law in your state and document, document, document.
Sidenote: I had an employer tell me that he didn't like to hire black people because you can't fire them as easily, because they always think its about race.
_________________ But on a cold winter night, when the wind whispers through the trees and a bright, white moon hangs heavy in the air, you might hear a sad cry like someone thinking he knows what's best for you, and that'll be the white man a-passin' you by. just mumbles
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kfad
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Post subject: Re: I have an HR question Posted: Mon Oct 15, 2012 10:50 am |
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| Heeeerrrrree's JACKY! |
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Joined: Wed Oct 20, 2010 1:39 pm Posts: 2849 Location: the Eug
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She refused to even put my cut back in writing... until I did it all for her.
And, really that is a whole different can of worms. I think they know how out of line they are and refuse to put anything in writing at all. When I send out emails confirming anything they have vanished off the server (so I email myself everything)
Three more weeks, three more weeks.
_________________ Don't mind my breasts and vagina, I'm a gay man.---Idatetatooedguys.
"Tots: the universal food band-aid... better than a mother's kiss. Healin' wounds since 1954." Meggs
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cornflowers
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Post subject: Re: I have an HR question Posted: Mon Oct 15, 2012 10:54 am |
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| Frees Bunny Slippers |
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Joined: Mon Oct 10, 2011 8:00 am Posts: 166
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Tofulish
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Post subject: Re: I have an HR question Posted: Mon Oct 15, 2012 10:55 am |
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| Semen Strong |
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Joined: Tue Oct 19, 2010 7:10 pm Posts: 15241 Location: Cliffbar NJ
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Yes, if its s/he said, she said then you are on shaky ground (but I am not admitted in the Eug). Print stuff out as soon as you can. For yourself, send an email saying "This is to document our conversation of x/y/z where you told me that .... " Print it out and keep it. Its not much but there is very little downside. And fyi: http://www.eeoc.gov/employees/charge.cfm
_________________ But on a cold winter night, when the wind whispers through the trees and a bright, white moon hangs heavy in the air, you might hear a sad cry like someone thinking he knows what's best for you, and that'll be the white man a-passin' you by. just mumbles
Last edited by Tofulish on Mon Oct 15, 2012 11:00 am, edited 1 time in total.
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kfad
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Post subject: Re: I have an HR question Posted: Mon Oct 15, 2012 10:55 am |
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| Heeeerrrrree's JACKY! |
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Joined: Wed Oct 20, 2010 1:39 pm Posts: 2849 Location: the Eug
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I am not. I work for a tiny (less than 10 employers) single ownership publishing company.
_________________ Don't mind my breasts and vagina, I'm a gay man.---Idatetatooedguys.
"Tots: the universal food band-aid... better than a mother's kiss. Healin' wounds since 1954." Meggs
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Tofulish
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Post subject: Re: I have an HR question Posted: Mon Oct 15, 2012 11:02 am |
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| Semen Strong |
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Joined: Tue Oct 19, 2010 7:10 pm Posts: 15241 Location: Cliffbar NJ
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I'd ask a lawyer to see if getting your hours cut back constitutes being effectively fired... But again, you need legal advice here, from someone knowledgeable about the field and admitted in your jur.
_________________ But on a cold winter night, when the wind whispers through the trees and a bright, white moon hangs heavy in the air, you might hear a sad cry like someone thinking he knows what's best for you, and that'll be the white man a-passin' you by. just mumbles
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Adam Crisis
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Post subject: Re: I have an HR question Posted: Mon Oct 15, 2012 1:48 pm |
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| The Real Hamburger Helper |
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Joined: Thu Oct 28, 2010 1:43 pm Posts: 2250 Location: In some dumb hotel in an equally dumb town...or in San Diego
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la vie sale
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Post subject: Re: I have an HR question Posted: Tue Oct 16, 2012 7:48 am |
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| Nailed to the V |
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Joined: Wed Oct 20, 2010 9:40 pm Posts: 544 Location: Portland, OR
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Haha. Not sure they will get this Adam.
Good luck though to Kfad, that sounds so frustrating and out of line.
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GraciaKai
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Post subject: Re: I have an HR question Posted: Tue Oct 16, 2012 7:50 am |
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| Drinks Wild Tofurkey |
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Joined: Wed Oct 20, 2010 7:14 pm Posts: 2782 Location: NJ/Philadelphia
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I agree with Tofulish. You would have a really hard time proving that anyone said that to you without it being documented. I am assuming you are an At Will employee. Which would mean that your job and hours can be cut or eliminated without notice unless you have an employee agreement with clear terms that state otherwise.
You should def be documenting any and everything possible just in case you need it at some point.
I don't think it's out of line for employers to ask employees to volunteer for cutting their own hours. If the company isn't doing well that would make sense. Technically I don't think they did anything wrong here. But what was said to you for the reason was totally out of line and discrimination. Which goes back to you taking action against them and proving it.
_________________ "Gnome kicking says a lot a man's character." - Babbette
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kfad
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Post subject: Re: I have an HR question Posted: Tue Oct 16, 2012 8:38 am |
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| Heeeerrrrree's JACKY! |
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Joined: Wed Oct 20, 2010 1:39 pm Posts: 2849 Location: the Eug
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It is definitely about the way it was done. My hours and only mine were cut. But not the work load. And if she had said it was about my performance that would have been fine. Instead I started getting e-mails (which I keep and forward to myself off sight) asking me to take on even more stuff for other people whose hours were not cut.
_________________ Don't mind my breasts and vagina, I'm a gay man.---Idatetatooedguys.
"Tots: the universal food band-aid... better than a mother's kiss. Healin' wounds since 1954." Meggs
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Vantine
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Post subject: Re: I have an HR question Posted: Sat Oct 20, 2012 6:48 am |
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| Heart of Vegan Marshmallow |
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Joined: Wed Oct 20, 2010 2:18 pm Posts: 3108 Location: It's hot. All the time.
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Another problem is that some laws are not applicable to tiny companies. I don't believe, for example, that the law that protects pregnant women from discrimination applies to firms with fewer than 15 employees.
_________________ A whole lot of access and privilege goes into being sanctimonious pricks J-Dub Dessert is currently a big bowl of sanctimonious, passive aggressive vegan enduced boak. Fezza You people are way less funny than Pandacookie. Sucks to be you.-interrobang?!
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Vantine
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Post subject: Re: I have an HR question Posted: Sat Oct 20, 2012 6:52 am |
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| Heart of Vegan Marshmallow |
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Joined: Wed Oct 20, 2010 2:18 pm Posts: 3108 Location: It's hot. All the time.
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This would seem to make all of laws (federal) against sex-based discrimination applicable to firms with 15 or more people. http://www.eeoc.gov/laws/types/sex.cfm
_________________ A whole lot of access and privilege goes into being sanctimonious pricks J-Dub Dessert is currently a big bowl of sanctimonious, passive aggressive vegan enduced boak. Fezza You people are way less funny than Pandacookie. Sucks to be you.-interrobang?!
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