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was i wrong? New York

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  • was i wrong? New York

    I Am A 33 Year Old Woman Who Just Left My Job After Almost 16 Years. Yes I Was There From The Age Of 18. At The Beginning Of August Of 2006, I Was Forced To Take A Demotion From A Manager To A Dispatcher. (i Worked For A Handicapped Transportation Company) I Was Not Happy About This Demotion But Was Willing To Take On The Task Due To My Fondness For The Company. It Was Only Supposed To Be Temporary Until The Other Dispatcher Returned From His Hiatus. I Still Did All Of The Tasks Of The Manager As Well As All Of The Dispatching During The Period Of Almost 4 Weeks. I Went Into The Owners Office And Told Him He Has To Take Away A Few Of The Many Responsibilities I Held. He Told Me He Wanted Me To Dispatch Full Time. I Said Fine, He Gave Me A Raise And We Agreed That I Would Work From 7am To 5pm Monday Through Friday. He Paid Me For 3 Weeks At A Hourly Rate Of $17 An Hour And 10 Hours Overtime. After The 3rd Week I Got My Paycheck And There Was A Salary Of $800, No Overtime. I Asked Him To Put Me Back At Hourly And He Told Me Absolutely Not. He Felt I Was Taking Advantage Of Him As It Was And Not Putting In Nearly Enough Hours To Even Justify What I Was Being Paid To Begin With. He Told Me He Wanted Me To Give Him 12 Hour Shifts As The Other All Male Dispatchers Did. All Of The Male Dispatchers Got An Hourly Salary And Overtime Pay, Some Of Them Between 30-40 Hours Overtime Hours And My Boss Refused To Give Me The Same. I Told Him I Would Not Work More Than 10 Hours Becuse I Felt It Was Not Fair I Was Not Being Paid As The Other Dispatchers Were. He Let It Go For A Week Then He Called Me In His Office And Told Me He Had 3 Choices For Me And I Had Until The End Of The Week To Make A Decision. Choice 1 Was I Had To Work From 7am To 7pm Monday Through Friday For The Same Salary, $800, No Overtime No Raise. Option 2 Was I Waould Be Moved Back To Managing The Office But He Would Cut My Pay $200 A Week. Option 3 Was I Could Work Until October 31 And I Was To Leave His Establishment On November 1st. I Was So Angered, Hurt And I Told Him My Choice Was To Leave Immediately. I Got Only One Week Vacation A Year After 16 Years, And No Pension Or 401 K, No Retirement Plan Whatsoever. So My Feeling Was I Wasted Half Of My Life On A Company Who Showed Me No Respect, Talked And Treated Me Like Garbage And I Have Nothing To Show For All The Hard Work And Dedication For All Of Those Years. Was I Wrong For Making The Decision To Walk Out? This Is Only Half Of What I Endured And Witnessed Over The Course Of 16 Years. Please Writw Back And Let Me Know.

    Aimee R
    Scarsdale, Ny

  • #2
    First of all, please do not capitalize each word. It makes your post very hard to read.

    No one but you can decide if you were wrong to walk out. They do not owe you a pension plan or a 401k. Nor are they required to offer vacation time.

    Patty or Robb will have to say if the change in your comp plan was legal or illegal, but the decision to leave is a personal one and not subject to a group decision.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      There was nothing illegal about demoting you or cutting your pay.

      Now, if you were still performing the duties of a manager, and those duties qualified you to be exempt before, it's possible that your dispatch duties would not invalidate the exemption. However, also to be taken into consideration would be, during the period they put you "back to salary", how much of your workweek was spent dispatching vs. managerial duties?

      Whether you were "wrong" or not to walk out is something you have to decide for yourself. I wouldn't be optimistic you would get unemployment benefits, however, but stranger things have happened.

      BTW, if you reply to this thread, please don't capitalize every word of your post. It makes it VERY hard to read; I almost gave up.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


      • #4
        "all of the male dispatchers got an hourly salary and overtime pay, some of them between 30-40 hours overtime hours and my boss refused to give me the same"

        If this is in fact true, isn't that sex discrimination? I don't know the specifics of her work environment, but it sounds like a male dominated one. How can male dispatchers be paid at a different rate than female dispatchers and how on earth is that legal?


        • #5
          Well, this post is nearly 2 months old, and it doesn't seem the OP is concerned enough any longer to come back for updates.

          However, since you posed the question, it COULD be discrimination if the OP could prove that the difference in the rate of pay and the availability of overtime was due SOLELY to gender and that substantially ALL females were treated in the same manner as she, and substantially ALL males got preferential treatment, with no other factors involved.

          Probably the reason we missed this in the original post was the fact that it was a BIG block o' text and that darned 'capitalizing the first letter of every word' stuff DOES make it very hard to read.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


          • #6
            ooooh ok, that makes sense. I think it would probably be difficult to prove anyway.

            It was hard to read, but curiousity got the best of me so I copied and pasted it into word and changed case!!


            • #7
              Originally posted by Whistleblower99 View Post
              I copied and pasted it into word and changed case!!
              Maybe I should learn how to do that.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


              • #8
                Originally posted by Pattymd View Post
                Maybe I should learn how to do that.
                Folks our age take longer to learn new tricks when it comes to computers, Patty.
                Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


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