Do I have a case?(Discrimination at work)

[Syntex]

Okay so I just got back from a meeting with my boss and I feel I might have been discriminated against.

Here is the situation.

I work at a home for mentally disabled adults and the company I work for which shall remain nameless has a bad rep for being idiots. The manager I work for will write people up for stupid things and sometimes only one person that she doesn't like when 8 people made the same mistake, AKA playing favorites. I over 3 years have made a few minor paperwork errors which is just an oversight on my part, nothing serious, just mistakes that happen when you work a lot and you get busy/distracted at work which caused me to be on 'probation' so any mistake and something would happen.

I forgot to fill out another form at work and have been moved to a different part of the company and my pay lowered but the mistake that I made was also made by 4 other people, one of them who is a friend, and I doubt they will get written up for it.

My question is this. Regardless of my probation status at work do I have a case because my boss wrote me up, and no one else, simply to make an example of me or do they have the right to write up who they want and who they don't want at any given time?

Could use some law advice regarding this...

[Surealistic]

with no paper trail i dont think so, unless your friend wants to come forward and admit to screwing up too, i think you are sol

[Cephius]

Not a lawyer but unless you were discriminated against because of your age/sex/race/religion/sexual orientation/etc (and can prove it - good luck) you don't have any sort of legal remedies. A company can fire/demote you for pretty much any bullshit reason if they want to and there's nothing you can do about it. Find a better job with a fewer amount of assholes.

[aurik]

This is what union grievances are for, if you're unionized. If not, well, you get to suck it.

[Melena]

He lives in Michigan. If it was a union job, it's probably being sold to OCP in the coming months.

[synistar]

HR at my work gave a few people a spheel about how to file a complaint against a supervisor/manager related to harassment or discrimination. SOP was keep a running detailed journal about every instance where either discrimination or harassment comes up. Make it detailed. Don't expect anyone to have your back. It will be manager/supers word vs your documented accounts. A few months (or longer if the incidents are few and far between) can accumulate a valid complaint at the HR department. They won't get involved unless a there's a chance for a suit.

Sadly at my work, everyone is in fear of losing their paychecks so they just suck it up and let it be.

[Syntex]

Yea this company is family/friends and my manager is friends with the owner, and AFAIK there is no HR department.

It does look like I might just have to suck it up...

:/

[Melchiah]

A small enough business does not have to comply with EEO standards. I think it's a certain number of employees that must be met before EEO guidelines are applicable. No EEO, no legal grounds.

[Dimmauk]

Yea this company is family/friends and my manager is friends with the owner, and AFAIK there is no HR department.

It does look like I might just have to suck it up...

:/

Yeah you are screwed. With no formal HR department, then you have no case. How do you know you are the only one getting written up? Is it just hearsay? I have no doubt they are playing favorites, but there isnt much you can do without an HR department to back you up.

[archibaldcrane]

this

unless you were discriminated against because of your age/sex/race/religion/sexual orientation/etc (and can prove it - good luck) you don't have any sort of legal remedies.

and this

This is what union grievances are for, if you're unionized. If not, well, you get to suck it.

[aznmajiktaru]

Pretty much you're screwed afaik. EEO only applies to companies with 15 employees or more and only under grounds of sex, race, religion, age ,etc. Other than those, companies are free to discriminate as they please, it's not against the law to discriminate but it is if it is under those categories. The only way I can see you having remotely close to a case is to maybe try for constructive discharge. Via constructive discharge you can have a shot at discrimination case or hostile work environment since you already got demoted. You'll probably need to talk to someone with more law experience on this since I haven't had to deal with this as hr yet just know the general concept of it and what can happen.

[Cream Soda]

Regardless of what happens to anyone else, if you broke any rules, then you broke them.

[Altariel]

Unfortunately if there is a performance based action, they can do whatever they want especially if they have a paper trail documenting you as already being on probation. I'd also be careful if you decide to complain. Many companies have policies that discussing wages or disciplinary action with other employees is a terminable offense. It's bullshit for sure, but might want to keep it in mind before you give them another reason to take action against you.

[archibaldcrane]

You should go out like Jerry Maguire and ask all the retards "who's comin with me?!"

[zoobernut]

Regardless of what happens to anyone else, if you broke any rules, then you broke them.

Yep. Just because someone else didn't get punished for making the same mistake it doesn't negate the fact that you made a mistake that they deemed worthy of punishment. Combine that with what was said earlier unless you can prove that you were punished because of your age/sex/race/religion/sexual orientation/etc then there isn't anything you can really do.