discrimination at work? i need help!?
my cousin, and his brother work at an elementary school for the last 6 yrs as janitors. They used to be 5 janitors 2 yrs ago, they fired them since a new principal enter to the school, she gives this 2 a lot of work even extra time with no extra pay. She made them sign a paper which says that at 3 strikes she will fired them, she also told them that there are not consider staff members anymore, and they cannot eat in a room they used to eat before etc etc.. the list goes on and on.. do you think they can sue her or where can they complain?? please help!!
Answer: The 3 strikes thing is called progressive disciplinary action and is completely fair. The first strike is a warning, the second strike says if you screw up again you’re going to be fired. The third strick is hasta la vista, baby. Nothing illegal about that and it’s far better than being fired on the first offense.
If the 2 remaining janitors are hourly and not salary, it is illegal to not pay them overtime. If they are salary, she can have them work the extra hours without extra pay.
If they were eating in a room not designated as an an eating area, sure she can make them stop. But you said she doesn’t consider them “staff members”. Then what are they? What are “staff members”, teachers? Is there only one lunch room? I would find it discriminatory that she single out the janitors and not allow them to each with the teachers, although not the illegal kind of discrimination. However, are these two minorities and are they being discriminated against because of their race? Is there an employee handbook that discusses lunch room usage? Sounds to me like she’s showing favoritism towards the teachers. If the handbook says all employees can use the lunch room, then she is in violation of school policy and it should be brought up to her boss.
These two NEED to document this. THIS IS IMPORTANT! Click here to learn how to document problems at work. They need to document how life was before she came along and what happened after. Explain about being kicked out of the lunch room. If they go above her head and complain about the lunch room thing and she retaliates because of it and fires them, they NEED to file for unemployment benefits. DO NOT SAY THEY WERE FIRED! They need to say, “I was ready, willing and able to continue working at XYZ School, but principal X created a hostile work environment when she violated school policy regarding lunch room useage and I was constructively discharged.”
Having a new boss sucks, but in my own non-legal opinion, I don’t see anything illegal about any of this. They can discuss it with the superintendent, if it upsets them that much. If they wish to discuss it with an attorney, click here to get a consultation with an employment law attorney.
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3 Responses to discrimination at work? i need help!?
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Not a case of discrimination nor can they sue.
While they could file a complaint with the school administration, who are their actual employers, for the most part their job description and the rules they have to follow are enforced by the Principal. She is well within her rights to enforce the 3 strikes rule. As I said, they can take up the manner with the school administration.
Ah sue for what?
Discrimination only falls under age, race, sex and religion and I do not see anything in your question that falls under any of those
They do not like it, they can quit, there are hundreds of people that would work under those conditions in a heart beat
You have not listed anything that is illegal.