Is this illegal?

[cotjones 10+ year member]

Does when you are working a full time job and going to school full time and get stuck with the last schedule which is usually the 4am shift, when if it was fair, you should have earned the choice of your schedule after having worked more hours than any other employee and being there the longest (2 years).

When you are forced to seek other employment at a job where you would otherwise be a perfect fit for because of your age, i'd say it matters. Did it matter that much that black people had to sit at the back of the bus?

 

[whitedragon551 5,000+ posts]

Not illegal. Just because you got promoted first doesnt mean your seniority is higher. Perhaps you were just better fit for that position compared to others and their skill sets. That doesnt change the face that seniority/hire date for the part timers that were passed over is any lower than yours.

 

---------- Post added at 08:44 PM ---------- Previous post was at 08:44 PM ----------

 

Does when you are working a full time job and going to school full time and get stuck with the last schedule which is usually the 4am shift, when if it was fair, you should have earned the choice of your schedule after having worked more hours than any other employee and being there the longest (2 years)

Thats not senority.

 

[thevic24 5,000+ posts]

Your state is a right to work state and" proving" age discrimination will be rather hard.

 

[cotjones 10+ year member]

Not illegal. Just because you got promoted first doesnt mean your seniority is higher. Perhaps you were just better fit for that position compared to others and their skill sets. That doesnt change the face that seniority/hire date for the part timers that were passed over is any lower than yours. 

---------- Post added at 08:44 PM ---------- Previous post was at 08:44 PM ----------

 

Thats not senority.

Thats not the only reason, "seniority" is just a word. The issue is that Older employees are being given privilege over younger ones. Based on no other factor than age period.

Your state is a right to work state and" proving" age discrimination will be rather hard.

How would proving it be hard? the practice i'm referring to is a company policy. It's in black and white. It seems simple, if the judge agrees that it is unlawful discrimination based on age, I win.

 

[thevic24 5,000+ posts]

"How would proving it be hard? the practice i'm referring to is a company policy. It's in black and white. It seems simple, if the judge agrees that it is unlawful discrimination based on age, I win."

You say it is policy, that it is in black and white......well if it is, then why are you here and not talking to an attorney?

I and yes, its simple......*IF* the judge agrees....... good luck getting one to......

You may have $$$ but they company that your working has more $$$$$$$$$$$$$$$$$.......and yes, $$$$$ wins court battles, especially

these kind.

 

[J31Rob 5,000+ posts]

sounds like you got passed over and butt hurt not illegal. You probably even signed agreeing to that when you got hired with out even knowing it.

This.

 

[brodeisel 10+ year member]

Is it illegal to punch a women?

 

[sam_b03 10+ year member]

Some times it doesn't pay to rock the boat. I work in the oil field and know people that try to "change thing." In a right to work state they have the right to fire you the same as you have the right to quit. You can win the battle just to loose the war. Then get black balled and nobody will hire you because you are a trouble maker. If you are an automechanic and start talking union in a shop in TX you will be fired and will have trouble finding a job in anywhere close to the same city. I have seen it. I'm not telling you what to do, but it is something to think about. I have had friends fired for filing workman's com for injuries recieved on a rig. One guy was scared enough that he worked a manual labor job (derek hand for anybody that knows rigs) worked 8 hours of his 12 shift on his feet with a broke foot. He had to cut his boot off and paid the doctor bill with his insurence.

 

[disturbedfuel15 10+ year member]

Let's assume you do attempt to sue them. What will you win in the end? They're not just going to say, "Well, you won that fight. We're not going to hold that against you. What's in the past is in the past. Enjoy your time here." I had to quit after voting yes for union and it didn't pass. Not because I was angry over the union loss, but because they were watching me every move. Tried to accuse me of stealing candy bars, among other petty things. Only thing that got me out of there scot-free was a different, much larger union in the family.

 

[ahole-ic]

There's something else to think about here. The union is who is screwing you. NOT the employer. Seniority is a fictional thing unless a union is present. So, you either need to find a non-union job, or talk to your union steward. This has absolutely nothing to do with your employer though.

 

[cotjones 10+ year member]

Some of you don't seem to get it, we aren't union yet. The company voted for a union awhile back, but no contract has passed yet. Because of this, the HR department just spouts off, "we can't make any policy changes while in negotiation." In all likelihood the union (when we get it) will change the policy. I honestly have no intention to sue, I'd simply like the company to recognize the practice as illegal and change the policy. The suing part is if they don't acknowledge it, and try to fire me to shut me up. I know that the very reason for the the anti-discrimination laws is the fear you guys are talking about. If I feel I am not being treated lawfully, I should have the right to question it without fear of being fired.

 

[ahole-ic]

Some of you don't seem to get it, we aren't union yet. The company voted for a union awhile back, but no contract has passed yet. Because of this, the HR department just spouts off, "we can't make any policy changes while in negotiation." In all likelihood the union (when we get it) will change the policy. I honestly have no intention to sue, I'd simply like the company to recognize the practice as illegal and change the policy. The suing part is if they don't acknowledge it, and try to fire me to shut me up. I know that the very reason for the the anti-discrimination laws is the fear you guys are talking about. If I feel I am not being treated lawfully, I should have the right to question it without fear of being fired.

You can feel whatever you want, but it's their company and they have been generous to let you bid. They could have just made a schedule and if you don't like it you can find another job. That's how most places are. That's how my work is. Since you don't have a union, the law doesn't officially recognize any "seniority". That's what you're not getting. It was put in place by the company as was the DOB rule, so it's not against the law in any fashion. You don't like your schedule is the bottom line. You can ask as many questions as you want, but you're not entitled to your job or whatever schedule you want. You're going to have to deal with it.

 

[cotjones 10+ year member]

You can feel whatever you want, but it's their company and they have been generous to let you bid. They could have just made a schedule and if you don't like it you can find another job. That's how most places are. That's how my work is. Since you don't have a union, the law doesn't officially recognize any "seniority". That's what you're not getting. It was put in place by the company as was the DOB rule, so it's not against the law in any fashion. You don't like your schedule is the bottom line. You can ask as many questions as you want, but you're not entitled to your job or whatever schedule you want. You're going to have to deal with it.

My issue with this is that it's the classic, "I have more power than you, so deal with it" thing. If the laws of the country are designed to protect against discrimination the company policy shouldn't mean anything. Is it legal for the company to make a rule that gives you less privilege if you are a Mexican, or gay? What if the rule was seniority was determined by race, (all whites bid first, then Mexicans, then Asians, then blacks.) Is this legal since the law doesn't recognize seniority? Problem is that a randomization is "FAIR" the way it's done is not. Am I to expect no one to ever recognize a bad policy except management? Am I not supposed to draw attention to places where the company practice can be improved?

 

[ahole-ic]

My issue with this is that it's the classic, "I have more power than you, so deal with it" thing. If the laws of the country are designed to protect against discrimination the company policy shouldn't mean anything. Is it legal for the company to make a rule that gives you less privilege if you are a Mexican, or gay? What if the rule was seniority was determined by race, (all whites bid first, then Mexicans, then Asians, then blacks.) Is this legal since the law doesn't recognize seniority? Problem is that a randomization is "FAIR" the way it's done is not. Am I to expect no one to ever recognize a bad policy except management? Am I not supposed to draw attention to places where the company practice can be improved?

The problem with your logic is that it's not descriminating against any group. Randomization will still be challenged. It's not "bad" policy to anyone but you. Explain to me how a Date of Birth rule is any different than Seniority. THEN once you've used sound logic to show that there is a reason Seniority is fair but DOB isn't we can continue this discussion. Until then it is CLEAR that you have a faulty premise and you're just being a whiny Bitch.

 

[Ninesvnsicks 10+ year member]

Change your availability.