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Boss took me off Ft and made me PT-NJ New Jersey

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  • Boss took me off Ft and made me PT-NJ New Jersey

    I work in a company of approx 200 people. I'm 1 of 4 black people. My boss is a moron, no degree, she has her job simply because she was "here a long time". Recently I was told I was being taken off full time and put on part time for "performance issues". I was stupid enough to point out that my supervisor (whose brother is a big manager at one of the divisions) does the same things I was being "written up" for .... now all of a sudden I have "performance issues".... The group I work with is making my life hell, do I have any recourse? I've been told by a former HR employee (also black) that the company won;t fire me because I'm black and they are afraid I will sue. Is it a form of discrimination that I am the ONLY employee ever "demoted" to part time? I know they hope I will quit but that is NOT happening! I keep careful notes and would NOT hesitate to sue them if I could be successful.... I would normally just quit but the economy is so bad I'm scared to do that.... Also, one last note, I've always received good performance reviews until I ratted the supervisor out! Who should I file complaints for this type of treatment with if it is discrimination?

  • #2
    You would need to demonstrate that you were demoted because of your race, not in spite of it. "Ratting the supervisor out" is a career-limiting under any circumstances.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      All employees do not have to be treated the same as long as you aren't discriminated against (ie "demoted", written up ...) due to a reason prohibited by law (ie age, religion, gender, race) or unless you have a binding employment contract to the contrary. Can you "prove" you were "demoted"/written up due to your race & not for another reason (ie performance issues)?

      "Ratting" the supervisor out was not a good idea. It would not be illegal if you were terminated for this.

      Also; if you would quit, you would not be eligible for unemployment ins.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Actually, in NJ it could be illegal...

        In NJ, there is a very broad law against retaliation for "ratting out" a supervisor. It is the Conscientious Employee Protection Act (CEPA). I have to train people on this every year and continually monitor case law that develops under CEPA.

        You become a whistle blower in NJ if you report or threaten to report wrongdoing to an entity outside of the company or to management within the company. As a whistle blower, you are legally protected from retaliation.
        Retaliation is defined as discharge, suspension, or demotion, or an adverse employment action against the employee in the terms and conditions of employment.


        The "wrongdoing" that your supervisor committed would have to be something you believed in good faith was illegal or unethical.

        If you have any supporting evidence that you were moved from full time to part time because you reported a supervisor's wrongdoing, then you may have a valid CEPA claim. In NJ, employers and our attorneys are so afraid of CEPA claims, they often settle and don't go to court (in my opinion, that makes it worse, but that's another story).



        The Statute is NJSA 34:19-1 et seq. The NJ statutes database website is a pain to search, but here's the NJ DOL poster:
        http://lwd.dol.state.nj.us/labor/for.../CEPA270.1.pdf
        This should be hung up at your workplace.

        From the small amount of info posted, you seem to have a better chance of a CEPA claim rather than a discrimination claim.
        Last edited by TSCompliance; 10-12-2009, 09:19 AM. Reason: more info on statute added

        Comment


        • #5
          Originally posted by TSCompliance View Post
          In NJ, there is a very broad law against retaliation for "ratting out" a supervisor. It is the Conscientious Employee Protection Act (CEPA). I have to train people on this every year and continually monitor case law that develops under CEPA.

          You become a whistle blower in NJ if you report or threaten to report wrongdoing to an entity outside of the company or to management within the company. As a whistle blower, you are legally protected from retaliation.
          Retaliation is defined as discharge, suspension, or demotion, or an adverse employment action against the employee in the terms and conditions of employment.


          The "wrongdoing" that your supervisor committed would have to be something you believed in good faith was illegal or unethical.

          If you have any supporting evidence that you were moved from full time to part time because you reported a supervisor's wrongdoing, then you may have a valid CEPA claim. In NJ, employers and our attorneys are so afraid of CEPA claims, they often settle and don't go to court (in my opinion, that makes it worse, but that's another story).



          The Statute is NJSA 34:19-1 et seq. The NJ statutes database website is a pain to search, but here's the NJ DOL poster:
          http://lwd.dol.state.nj.us/labor/for.../CEPA270.1.pdf
          This should be hung up at your workplace.

          From the small amount of info posted, you seem to have a better chance of a CEPA claim rather than a discrimination claim.
          WHOA! How did you determine that there was illegal activity being reported when the OP clearly stated that it was for performance issues?
          Somedays you're the windshield and somedays you're the bug.

          Comment


          • #6
            Hmmm, the OP didn't "clearly" state anything. His paragraph was a mixed up bunch of mush, and I read the other posters who somehow figured out that he "ratted out" the boss for something. I was responding to the statement that it would not be illegal to fire him for ratting out the boss. I usually assume that "ratting someone out" means reporting wrongdoing. Now that I'm reading his original post, it vaguely say that the boss may have had "performance issues." But who knows what the heck those were?

            But still, to be a whistle blower under CEPA, you don't have to be reporting something illegal. It has to be something that you believe is against a law or regulations, unethical, or in recent cases, just violated company policy. I belong to a group of compliance and HR people of NJ human service companies and we share our nightmare stories of CEPA claims. People are getting recognized as "whistle blowers" for just reporting or even threatening to report a violation of a company policy, even if the policy isn't related to any law or regulation.

            I know, it's crazy. It's a horrible law that is getting stretched more and more by actual case law, and by employer decisions to settle. But even though I'm a pro-employer meanie and I hate that particular law, I still have to mention it when whistle-blowing and retaliation in NJ comes up.

            The OP didn't post enough to know whether there is any basis for a CEPA claim or a discrimination claim, or anything. I posted the law, summarized it, and he can determine whther or not it applies to his situation.

            Nowhere in my post did I say that I believed he actually had a claim or that this law definitely applied. I said "If you have supporting evidence that you were...."
            Last edited by TSCompliance; 10-12-2009, 11:04 AM. Reason: typo

            Comment


            • #7
              and I read the other posters who somehow figured out that he "ratted out" the boss for something.
              I figured it out because those were the words he used.
              I am not able to respond to private messages. Thanks!

              Comment


              • #8
                Originally posted by Marketeer View Post
                I figured it out because those were the words he used.
                Agree, those were the words he used. It seems, as mlane noted, the supervisor was "ratted out" for performance issues (though we don't know what those were) the same as the OP is being written up for. "Generally," when it's a performance issue, it's not something illegal/unethical. (& "usually" that results in termination)

                TSCompliance - your posts have been completely noted including what you can report as a whistle blower, etc.

                It comes down to the OP having to prove he was demoted/written up for an illegal reason & not a legal one.
                Last edited by Betty3; 10-12-2009, 04:35 PM. Reason: add info/adjust info
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  I'm amazed at how everyone can read his post so clearly. When people write like that I switch to just skimming until a sentence seems to make sense.
                  I got the "ratting out" but didn't get where it was about performance. Maybe punctuation would've helped.

                  Comment


                  • #10
                    Some posts certainly are hard to read.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment

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