Discrimination or Company Policy Violation?

 
 

 

To make the long story short, I just got hired for a daycare service in a casino.  The manager is Philippine so is 15 out of 20 employees at work. Although we cant prove it, me and my friends have noticed how instead of clocking out at their scheduled time, they wander around the casino and the manager still approves it! This is not the only thing bothering us, but the fact that the manager sits with them to have lunch with them, they all bring there food and just sit there for more than an hour and eat, while we are only allowed an hour break.

Tell me what should I do?  Why should the company believe me this is happennig?  In other words 15 employees are from the Philippines, 3 are Hispanics and 2 are white.

 

 
 
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One Response to Discrimination or Company Policy Violation?

  • Not A Lawyer says:

    I don’t see any discrimination in that, but I do see a company policy violation if these workers are taking extended lunches. The fact that you don’t get them, which would also be a violation of company policy, can be leveraged AND you can play the racial discrimination card to really get their attention.

    Start documenting. Get out the company manual and quote the lunch break rules from it. Then you’re going to need to play spy and clock their time at lunch. When you get enough evidence, turn it into HR and their manager. If you can do it by email and cc yourself to your personal email address, that would be great. That way “it’s in the system”. I would follow it up with hard copies.

    Have you thought of doing something like this? “I was recently hired and was told that we only get an hour for lunch. I verified it in the employee handbook on page x, paragraph y. Attached is a log of [insert names here] having lunch on the dates and times noted. I looked, but I couldn’t find anything in the manual about policy for taking a longer lunch “hour”. My question is, what are the rules regarding extended lunch hours like the aforementioned are taking on a continual basis? Can I also take extended lunches and not get into trouble, or does this particular group of people have some type of exemption from company policy that’s not outlined in the manual? In fairness, who would I speak to about getting the same privilege? I can’t help but notice that the people in that group are Pilipino. If I am not allowed to take extended lunches like that group can, it appears to be racial discrimination and I would like to blow the whistle on it. I would also like to state that Title VII of the Civil Rights Act of 1964 prohibits employers with at least 15 employees from discriminating in employment based on race, color, religion, sex, and national origin. It also prohibits retaliation against persons who complain of discrimination.”

    That will give them something to take action on.

    CLICK HERE to download this free report on how to deal with problems like this at work.

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