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View Full Version : Job discrimination and abuse of senior citizen Montana


MontanaArtist
11-01-2007, 07:22 PM
I am writing for my Mom who is 70 years old.

1.She does not make enough on social security so works a night shifts at a hotel doing front desk reservations, checkouts and book-keeping. At this time she has come to the information that all the night shift employees except her were hired at $8.00 an hour but she was only hired at $7.50 an hour. The hotel chain hires all night-shift employees at $8 and she has asked why she does not get the $8 an hour and was told she does not deserve it. She has worked for this place for four years and just recently got a raise when everyone got a cost of living raise..she still makes 50 cents less than the other night-shift employees.

2.Her boss has threatened her with termination because occasionally she goes out for breakfast coffee with regular hotel clients that she has become friends. This is on her own hours after her shift is done and to restaurants not owned by the hotel chain. Everyone was told in a company meeting this morning that if any employee is seen fraternizing with hotel customers ANYWHERE outside the building it would be grounds for immediate firing. Also that it is against the rules for her to associate with her own relatives that might be staying at the hotel from out of town.

3.Her boss has made insinuating and insulting remarks about my Mothers personal life. It is a small town. Insulting by calling my Mother "stupid" and "You are old and nobody hires old people so you better do what I say or else I will fire you." (This includes taking deposits to the bank after my Mom has clocked off her shift.) She also yells at her on a regular basis about things that are not job related.


I told my mother tonight that she needs to call the Montana Department of Wage and Labor and file a discriminatory complaint, because of the insults and slander about my brother staying at my Mom’s house on the weekends. She is afraid to do it because she might get fired. I replied that she needs to apply for other jobs right away, that she can do any type of front desk work including light computer work. Again she is afraid that the boss might find out she is looking for other work and might fire her. Are there any Montana laws about bullying managers, verbal abuse and threats?

ElleMD
11-02-2007, 12:13 PM
If the reason your mother is being treated this way is because she is over 40, and there are at least 20 employees, then it is illegal. http://www.eeoc.gov/types/age.html

If this person is just a jerk, then no, it isn't illegal. It is not slander or defamation no matter how small the town may be. If the manager wants to get on her case about yout brother living at home that isn't illegal either.

It is not illegal to forbid employees to fraternize with guests/clients.

joec
11-02-2007, 09:25 PM
I am writing for my Mom who is 70 years old.

Are there any Montana laws about bullying managers, verbal abuse and threats?

39-2-903. Definitions. In this part, the following definitions apply:
(1) "Constructive discharge" means the voluntary termination of employment by an employee because of a situation created by an act or omission of the employer which an objective, reasonable person would find so intolerable that voluntary termination is the only reasonable alternative. Constructive discharge does not mean voluntary termination because of an employer's refusal to promote the employee or improve wages, responsibilities, or other terms and conditions of employment.
Your mother should contact an attorney that practices law that deals with employment arbitration. Montana's employment laws are a little different than the other 49 states.
JoeC

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