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Iocat94
10-13-2004, 07:17 AM
This would apply to Ohio Law!

I really can't go into too much detail because its a long story. And I laugh because this is the short version, though its short as possible.

Lets just say, that I am family of a famiily business. I am a women, and I wanted to prepare myself along with two other siblings who plan to prepare themself to take over in the far off future for executive roles for when our father and uncles retire way down the road.

My uncle and my father are 40/40 on voting stock, the the other remaining voting power wants to remain neutral and won't side and make a choice.

My uncle wants to choose only his son and my brother over the idea of including my sister and myself.

My uncle has made it clear that he has one and that my father has one, and thats all it takes. But my father, my sister, and myself are against this, because our brother has some credibility issues as well as behavorial problems that affect the company. My brother is not fit to run the company along with another clone of my uncle because my brother likes to think like my uncle against women, as well as throw is temper and tantrums around the work place for all to see.


My uncle has chosen poorly because he deems us women incapable of being managment because he feels we need non-emotional managers, and that he feels we won't be around because we might settle down for barefoot and pregnant. That hurts!

Employee Morale is low and getting lower because they all know and see whats going on and are sadden by what looks to be a bleak future of the future management of the company. My sister and I have shown iniativie and our motives our purely for the good of the company, not for our wallets. My sister and I feel we have been discriminated by our Uncle, who want hear our stance or speak to us.

My uncle and cousin and brother have and still do undermine women with statments such as emotional this and that. My uncle doesn't even think women should be running machines, "hello", most of our manufacturing employees are women, who's going to make parts for us?" The point is my uncle, my cousin, and my brother have joined the ranks of the clueless who choose to believe they are supreme because of who they are and what gender they are, and my father knows this is wrong but has been betrayed by his own son, his own brother, and even the son of my uncle has jumped on my fathers back for not being on board.

I can't tell you how many employees hate my uncle, my cousin and my brother. I can't tell you to imagine because its deep how this has affected our company and how it should be run. It's time for help! Please offer me help. I don't want to sue or destroy the company, but my sister and I need change for the benefit of women's current jobs as well as for the benefit of my grandfathers company.

The ending point here is that a consultant was brought in to help this feud, and we told the consultant our side and this is what the result was: The consultant said that the President and the Vice President (My uncle and father) need to either agree or the President gets to make the final choice. Well my father and uncle could not agree to include us, and my uncle said, I choose my son, and your son, and thats that. "You have one, and I have one." "D__N CONSULTANT! HELP! The company is heading straight for hell.

LConnell
10-13-2004, 09:52 AM
Though you are family members, you can still pursue a complaint of discrimination through the US EEOC (if the business has at least 15 employees). You can read more about discrimination at eeoc.gov.

Keep in mind that the EEOC's mission will be to investigate if discrimination exists and then take action to stop it, if it does exist. This can be costly to employers who will need to hire an attorney to provide advice as to the best action to take. There are anti-retaliation provisions so the employer is prevented from taking negative action against someone because they complain or participate in an investigation.

If you don't want to take this action or if the company is too small to fall under federal discrimination laws, you can provide information to your father that he can use in his discussions with your uncle. For example, discriminatory behavior against women can have a very negative impact against the business. While the company may not fall under federal law, some of you clients may. Those clients have a duty to prevent discrimination against their employees - and that may force them to not utilize the companies' services. Second, this difference in option causes discord within the family...such situations can lead to permanent riffs.

Another step may be to talk with an attorney about the possibility of one party buying out the other. (From one company comes two.)

The situation you describe is an example of where family-owned businesses have a greater potential for failure. Many family-owned businesses eventually fail when the original principals pass on the business to their heirs. While you may disagree with your uncle, take an equally strong opposition to his succession plans will certainly cause the business to fail. I agree with the consultant that the primary goal must be agreement, even if it means compromise on both.

Please let me know if you have any other questions. I know that you have a very difficult situation.

Iocat94
10-19-2004, 02:00 PM
It's worse then you can imagine. My dad is afraid that he can't afford a lawyer, whats even worse, (I didn't mention in my original post is that the consultant has a conflict of interest, he knows the Presidents wife, and asked me originally if I was the daughter of (name of the wife of President)XXXX. And I knew then and there and I should of did something, but I am the kind of person that likes to believe that people are good and fair until proven otherwise. Now the consultant has chosen more of the Presidents side instead of trying to make the President and the Vice President work out their issues. This was post to be a family business consultant hired to smooth out the problems, instead this consultant has only managed to allow discrimination, cause more problems and so on. This consultant is trying to point the company, as if he is running the show thru text book strings. He has no clue, nor has he have empathy for each family member involved. My sister and I have even written this consultant professionally without emotion telling him plainly that we were disappointed that he didn't go to bat for us, (noting he only agreed with us, saying we were right and stating that things need to be put into place). Yet, he wrote us back with this stink of emotion that he didn't have to take the abuse from us and that he wasn't hired to take this crap.). All we did was write him the consultant once after we were told that that we would not be apart of the future executive committee (Future Runners of family business). (Reminding those readers, to read the original post called "Help! Have questions on discrimination?" - By Iocat94 to fully understand the situation.

I want to some how help my father, to get rid of the consultant first, because this consultant is only speeding up discrimination practices as well as allowing it to go on, Perhaps I should call the EEOC on the University that employs this consultant. Is this wise, I guess this would lead the EEOC to my family business. AHhh the agony.

I need opinions, thoughts, references besides the EEOC. I need cases to compare to or resources beside the EEOC to go to. Please, help me be witty and professional about this.

Lastly, to explain the family dynamics. My father is the vice president, my sister, myself, and my brother work at the company. My Uncle, is the President, he has a son who works at the company. My father and uncle are co-owners. My brother does and has never got along with my father and us girls, My uncle feels women are less than man, and has publicly stated so in many ways, and the cousin or president's son has followed and stated similar statements that put women down in the workplace. My brother has gone over to the Presidents side and the cousins side because of the harsh reality is that we don't accept are brothers or my dad's son's approach of being snotty, evil plotter, temper tantrums, and constant lies. My brother, and my family will vow to it, even my brothers own mom will testify that he never tells the truth and has always been in trouble or causing trouble for his own selfish motives. So now we have three against one. My father is alone because my sister and I have been ousted in speaking up or being a part of the business by my Uncle because as my Uncle stated to me, he wants me to be happy, settle down, think about having kids. I am no baby machine and certainly don 't need anyone to tell me otherwise. Thank You Very Much! So you have the family dynamics. HELP! NEED MORE ADVICE.

LConnell
10-19-2004, 04:15 PM
Reporting the business to the EEOC will cost the company money...something you probably don't want to have happen. There really aren't any legal avenues beyond the EEOC.

Another suggestion I have is for the company to hire an arbitrator. The American Arbitration Association is an excellent resource for arbitrators. Their website is at: http://www.adr.org/index2.1.jsp Perhaps your father can suggest hiring an arbitrator to your uncle. It will help the business in the long run because of less conflict, etc. An arbitrator is far cheaper than hiring an attorney.

Let me know if you have any other questions.

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