[OT] Need Opinions / Help

CatNipped wrote:
I know, I know, find another job - and I have been *DESPERATELY*
looking for one for three months now with no luck (as a lot of you
here can sympathize with - does our economy suck or what!!??). I
think I'm running into the UFO phenomenon though (ugly, fat, and old)
because no matter how perfect I am for a job, no matter how good the
"fit" I'm not getting even one call back.

You aren't ugly, you aren't fat, you aren't old. Unfortunately I'm running
into the same sort of age mentality in finding a new job. No one wants to
hire a middle-aged woman (regardless of what she looks like). I've said it
before, I'll say it again. They can pay a kid just out of college who has 2
roommates and no bills next to nothing and they are *thrilled* to be earning
18,000 USD a year, woo hoo! More beer! We, on the other hand, require a
lot more in salary and benefits. Yet we'd benefit the company so much more
in terms of knowledge and experience. We don't have to be trained. But
that is, unfortunately, the way of things these days. They can train
drones. Heh, might as well hire a robot.

But you've gotten some great advice here. While age discrimination is next
to impossible to prove, you do have some leverage when it comes to going to
the state about being assigned duties above and beyond your original job
description. You do have some leverage when it comes to threatening your
boss right back about a lawsuit for hiring you and THEN requiring you take
these tests if it wasn't in the original job description and others aren't
being required to take them. Also with not paying overtime but requiring
you to work it. Even salaried/exempt employees have the option of saying
"no, this is too much".

I've probably mentioned this before but I remember once there were shifts
where some of us had to cover the day before (or after) a long weekend. The
company let everyone off early but a few people had to stay, you know? In
my department we rotated it. But it came around Christmas and it was K's
turn to stay at the office. I was taken aside and it was *strongly*
suggested to me that maybe I'd rather work on Christmas eve because I "don't
have children" and K does and he'd probably like to spend it with his kids.
And wouldn't I rather take the early off day for the next July 4th instead?
I guess the presumption was I'd rather go party for the 4th of July than see
anyone in my family on Christmas eve.

I caved to the pressure but when I told my father about this he was FURIOUS!
How dare they presume such a thing? How dare they ask you? And the funny
thing is K told me he would rather have had the 4th of July long weekend to
go camping with his family, but he was pressured into this too. By managers
who thought they knew our personal lives and preferences better than we did.
Go figure! Why didn't they just call us in a room and ask us?! K and I
knew each other from way back; we'd have been honest. If we'd both wanted
the same time off we'd have hashed it out. It didn't have to be this
managerial cloak and dagger sort of thing.

Sorry, now *I'm* ranting, Lori! Purrs for you to get out from under this
tyrannical boss, ASAP. I know you can do it. And I'll find a job that
suits me, too. I'm running into the age discrimation thing, I think, but
then, I don't have a job so I can't file a complaint if they don't hire me.
There's no law forcing anyone to hire me.

Jill ---going to hug her cat now

On Sun, 29 Oct 2006 07:03:21 -0600, "jmcquown"
wrote:

But you've gotten some great advice here. While age discrimination is next
to impossible to prove, you do have some leverage when it comes to going to
the state about being assigned duties above and beyond your original job
description. You do have some leverage when it comes to threatening your
boss right back about a lawsuit for hiring you and THEN requiring you take
these tests if it wasn't in the original job description and others aren't
being required to take them.

Then again, there are "right to work" states (I live in one). Don't be
fooled by the phrase "right to work" because all it means is that your
employer has the right to decide who works and who doesn't. They can
fire you for any reason they want to, as long as it doesn't involve
age, race, sex, religion, national origin, or sexual orientation. They
think you're too old but say they're firing you because you had one
cat hair on your leg, then there's not a whole lot you can do about
it. It's so hard to make most discrimination charges stick that you
almost to get a nefarious plot to discriminate against you in your
employer's handwriting. Most employers aren't that stupid, but some
are.

FORTUNATELY, a lot of employers do seem to back down a bit when the
appropriate state agency comes knocking at their door, and agree to
some sort of settlement.

I'm a huge believer in sticking with your job (unless it's absolutely
unbearable) until you have a new one lined up. Being unemployed for 2
years will do that to a person.



No, knowing this stuff isn't part of *my* job (thank gawd) so I'm not
an expert (and I didn't sleep at a Holiday Inn Express last night),
but I do work for a state agency that has people who address such
things. I sit near the guy who investigates discrimination cases, and
we talk about his cases sometimes so, as one of the newbies, I will
know what sorts of things to look for and what sort of evidence I need
in these situations.



Jeanne Hedge, as directed by Natasha

============
http://www.jhedge.com

CatNipped wrote:

I promised myself I wouldn't come back to the group until I could stop
whining about my problems. OK, I'm not going to whine, I want to *DO*
something to change things.

The problem... I think I've become a perpetual "victim". This is the
second boss in a row who is being really abusive to me. It's like "fool me
once shame on you, fool me twice shame on me". I need to figure out how to
get back my self respect as well as get respect from the people around me (I
had it once, so I know it's possible).
snip

Lots and lots of purrs and hugs and best wishes for you to find a great job,
Polonca and Soncek

"jmcquown" wrote in message
...
.... While age discrimination is next to impossible to prove, you do have
some leverage when it comes to going to the state about being assigned
duties above and beyond your original job description. You do have some
leverage when it comes to threatening your boss right back about a lawsuit
for hiring you and THEN requiring you take these tests if it wasn't in the
original job description and others aren't being required to take them.
Also with not paying overtime but requiring you to work it. Even
salaried/exempt employees have the option of saying "no, this is too much".
.....
Jill ---going to hug her cat now

Lori is in Texas, which is a "right to work" state, which does not mean she
has a right to work at all. It's an anti-union law with a name that twists
the real meaning so that it would be passed. In theory, it gives Lori the
right to work without joining a union, In reality, it give the employers
the right to hire and fire at will as long as it is not in violation of one
of the federal laws against discrimination because of race, religion,
disability, sex , age. (I don't recall them all, but you get the idea.)

Lori probably could fit in the sex, age and disability categories. I say
disability because of her health problems. Normally, her employer would be
required to make "reasonable accommodations," but apparently the business
falls into the too small to have to do it loophole.

I think the idea of "hostile work environments" as a reason to sue has
gained some ground, but it is a very gray area. I don't think that the size
of the company matters. A hostile environment is not a good business move,
but so far it's not specifically prohibited by law. I wish it were.

Although she has some legitimate complaints, I don't think Lori has any
recourse as far as going to the state for support. I could be wrong, of
course, but I can't imagine what office she would go to.

I think she has absolutely no leverage to threaten her boss back for
assigning her more work beyond the original job description, unless she has
a signed contract with the company. Otherwise, that would fall under the
"other duties as assigned" standard part of just about every job
description.

The only leg she has to stand on, as far as I can see, is the overtime pay
issue.

I want to be clear that these are my thoughts after having been a resident
of Texas since 1994 and employed during that time. I am not an attorney
and haven't looked at the actual laws for some time. However, Lori, if she
chooses, could find the state laws online.

I think Lori should keep a thorough record of actions her boss takes that
she believes are harassment, discriminates against her in ways that may be
illegal, and/or create a hostile environment, in case it might come in handy
some day.

However, she should concentrate her efforts in doing the best job she can in
order to stay employed until she can either get it to work for her or get
another job.

I gave her some suggestions in an earlier email on how to do this. I'm sure
others will do so as well.

My heart goes out to Lori. She's been through a lot. I hope she gets a
break, and soon.

Annie

On Sun, 29 Oct 2006 15:19:13 -0800, "Annie Wxill"
wrote:

Lori is in Texas, which is a "right to work" state, which does not mean she
has a right to work at all. It's an anti-union law with a name that twists
the real meaning so that it would be passed. In theory, it gives Lori the
right to work without joining a union, In reality, it give the employers
the right to hire and fire at will as long as it is not in violation of one
of the federal laws against discrimination because of race, religion,
disability, sex , age. (I don't recall them all, but you get the idea.)

In Indiana, another "right to work" red state, the "Big Six" are age,
race, sex, religion, national origin, and sexual orientation. That
last one only got added to the list after the sudden realization by
some members of the legislature that while discriminating against gblt
people might be popular at the corner store it would also likely drive
away/out the Fortune 500.


Jeanne Hedge, as directed by Natasha

============
http://www.jhedge.com

Jeanne Hedge wrote:

In Indiana, another "right to work" red state, the "Big Six" are age,
race, sex, religion, national origin, and sexual orientation. That
last one only got added to the list after the sudden realization by
some members of the legislature that while discriminating against gblt
people might be popular at the corner store it would also likely drive
away/out the Fortune 500.

Simpsons Nelson voice "Ha Ha!"

Joyce