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Monthly Archives: June 2012

Not every job is  pure harmony between an employer and employees. Sometimes friction comes from  various forms of abuse by employers. If your employer mistreats you, you can  make a report to the National Labor Relations Board. The NLRB protects employees  who are harassed or abused.

Things You’ll Need

Instructions

    • 1

      Contact the regional office for the area where the harassment or incident has  occurred. This may be a police station or local county office. You must reach  out to the regional office immediately after an incident. The authorities will  investigate and decide whether you are eligible for NLRB  protection.

    • 2

      Fill out any forms the NLRB requires. You can do this online and send them  right back to the NLRB to be processed.

    • 3

      Speak to the NLRB worker about the incident. After you file a complaint, an  NLRB worker will get in touch with you to get more details. You can also help  answer questions and help fill out additional forms, if  needed.

    • 4

      File the employer complaint with the NLRB. Use the board’s form 501, “Charge  Against Employer.” If the incident did not involve your employer directly but  rather a union the employer belongs to, use form 508, “Charge Against Labor  Organization or its Agents.” If you’re not sure which one to file, ask the NLRB  worker.

RACISM IS ALIVE AND WELL IN TEXAS

I moved to Texas a few years ago already armed with a B.A. degree. I have been shocked at how difficult it has been to find even a permanent job here, even with years of experience under my belt. After working a few “contract” jobs and seeing how things are done at the companies I have worked for, I now have a clearer understanding of what’s going on.

The position i held before my most recent employer, I along with several other african americans were hired to work as “contractors”. We were told if we did a good job we would be hired permanent. Frankly the work was easy and we all put our hearts into it. We were all college educated and we wanted to make a good first impression. This was the first time i had started to notice a genuine difference in how the african americans were treated compared to the white employees. I can remember working alongside “Bryan”, a white coworker. Bryan would often leave work “when he wanted” without his work being completed or if he was angry. He would openly say “Fuck It” and the managers wouldn’t know where he was. Due to Bryan leaving without his work being completed the managers would bring his work to me to complete. Even though I was on overtime and was trying to complete my own work. This was done time and time again. Bryan was eventually promoted. The Good Ol’boy system was hard at work.

During this time it became apparent company management was clearly favoring the white employees over those that were non white. It had started to be whispered that several of my white coworkers had suddenly been made permanent. Not one african american was in this number. These individuals were suddenly getting holiday pay and insurance and all of the perks that came with the job. Why was it being whispered about? I approached a close acquaintance I will refer to as “Kelly” and I asked her if she had just suddenly been made permanent. She nodded her head yes. I congratulated her. However, three of us (the black employees) had been employees of the month repeatedly. We had worked extremely hard. Even before becoming permanent Kelly had been allowed to take multiple vacations to visit family when we could not miss any days (even though we had a perfect attendance). Those other african american employees who had missed days with perfectly legitimate excuses were automatically fired or written up. They couldn’t dare leave work early (which was a terminable offense) as I had seen Bryan do so many times or take multiple vacations as Kelly had done.

One day right before I decided to quit the job a coworker of mine suddenly went off on one of the white managers. He was using profanity and simply quit on the spot. Per this coworker who was a longterm associate of the company he had been called “Nigger” by the manager. Specifically he stated that the manager had approached him and asked him about his “numbers” that he was putting up for his team. He mentioned that three of his workers were out sick. Then the manager reportedly said “I don’t care, pull them out your ass Nigger” which caused him to quit. I wasn’t surprised by this. Soon after I quit the job.

I found a part-time job at a major health company in Dallas after this. Even with a college degree I wasn’t good enough for the permanent jobs the white employees had even though it was pretty clear they had no experience or education to justify their positions or salaries. One day right after I started the job I was on the elevator with several of my white coworkers. Ever since I was hired they had completely ignored me. Never spoke. Said hi. It was if I didn’t exist. Well, this attitude continued on the elevator where they commenced to talking about our boss, a young black guy who was obviously shit scared of them and they probably knew it. If he was to ever anger one of them it wouldn’t take too much for one of them to lie, or for two or more to conspire against him to say his hand slipped or that he had said something wayward against them. Our boss was extremely careful with them. He managed a division with all white women (except for me) of course. Any request they submitted to him, whether it was for time off or anything else was automatically approved. Well, this day during the conversation they had in front of me they repeatedly referred to him as a “monkey”, “ape”, “gorilla”.. With one referring to him repeatedly using the phrase “high monkey” because he was able to take some time off to honeymoon as he had just gotten married. I was shocked an appalled at their behavior. But of course I said nothing. Creating a scene would not have done any good. I am sure Authur (my boss’s real name) knew what was up. He was a smart man.

I soon tired of this job and quit. I moved on.

Well, my last contract position was no different. The company, also in Dallas, TX, had contracted for a large telecommunications company. They ran blacks in and out of the company like cattle. This company suddenly changed its mind on how much it was paying people and forced everyone (under threat of termination) to sign an agreement agreeing to have their wages reduced by $4.00. NOT because the company was suffering. The company was making more money than ever. The company had suddenly decided instead of paying $17.00 for the position that was supposed to be paying around $26.00 per hour. Well, the company decided it wanted to pay around $13.00 per hour. Those people who did not agree to this (and many of these people had left other jobs/positions that paid more than $13.00 to work at this job) were suddenly fired and were labeled as misconduct by a manager who was instructed to “find anything” against them. This company would routinely fire employees without warnings who had maxed out on pay or who had raises nearing. After terminating the employees they would engage in character assassination to the Texas Workforce Commission just to save a few bucks on their Unemployment Insurance taxes. This was done systematically. They put a lot of thought into literally setting up employees for termination and accusing even the best of employees as having committed “misconduct”.. There was also open favoritism with the white employees. So much so that at this point I started thinking of starting my own business. ANY business. I didn’t care. I am still in the planning stages of the business now.

Well, other than the racist aspect of working in Texas, the businesses in Texas in general are some of the most corrupt and crooked I have ever seen. I liken Texas with its right to work laws to Africa where you can come in, there is basically no regulation, and you can exploit everyone you can as quick as you can to make a buck. These companies out here, many which are new, have no sense of shame. They lie and scam and scheme and they put themselves out there as “legitimate” companies who have storefronts, etc. but they are nothing but lowlife crooks who have set up shop to make a buck. They go into depressed areas of town and charge exorbitant prices for everything. For instance, I have good credit and a great driving record. I had already had an insurance quote from Geico and several other places who sell insurance about a liability only policy for my car. All quotes received were under $30.00. Well, I called a local insurance company and asked for a quote for liability. They came back with a whopping $60.00 per month. I asked the lady why. She lied and stated “Oh well, you haven’t lived in Texas long enough and for people who haven’t lived in Texas long enough it’s going to be more money”. LOL…BULLSHIT.. And I told her so as well.

The apartment communities are very exploitative. If you pay $400 monthly on an efficiency apartment and your job has screwed up your overtime and you pay your rent on the 4th instead of the 3rd…Look to pay over $100.00 in late fees (at least)… And yes, it can get very expensive. The late fees which Republican Texas Lawmakers have written in a very ambiguous manner (intentionally) leaves it up to the apartment association to decide what are “fair” late fees and these places can and often do charge late fees that are more than the actual rent. Now one may say, well just pay your rent on time. But what they don’t understand (or even care about honestly) is the impact these types of “open exploitation” policies have on the poor. For those individuals who work hard to pay on time but have paycheck mishaps or maybe emergencies, these communities simply don’t give them a break..Oh well, let me correct myself, they “do” give breaks if you are living in an upscale rental in Plano or Frisco where they know you can go somewhere else. However, the places where people are poor and working class simply don’t give breaks. They charge the maximum amount.

One thing is clear however.. there are a lot of flagrant abuses in Texas. The businesses have rightfully counted on people not knowing their rights and not pursuing their rights. I even called the local JP Court and the clerk who answered seemed to be a business advocate and informed me that anything in a written contract, no matter how exploitative or in violation of the law, is legal. I told her she needed to call her law school, “if” she had gone to one, and request a refund because she came out just as stupid as when she went in. It’s reasons like this that keep Texas a low wage, abusive, exploitative, right to work state.

Back to the racism aspect which ties in so closely with the points I was making about exploitation, I found that a number of the City and State employees were highly educated people. These individuals often held MBA degrees and were working as Dart Bus drivers making $13 dollars per hour because the racism and good ol’boy mentality they came up against refused to even recognize their educational achievements and didn’t care about them and they could only get hired as contractors or temps. However, white kids coming right out of school (actually “before” they graduated from college) had lined up jobs making $60K to $70K right away. There is a big gap in white and black income in Texas, specifically Dallas, that I attribute solely to racism.

Folks, they don’t want us in their companies. I told my mother that and she agreed. As an african american we need to start our OWN businesses. We HAVE to. Or else we will continue to lead in the unemployment rate and the number of court cases we have to file because of the mistreatment.

The thing is this: You have the federal government that states to them they have to hire blacks. Although they don’t want to. So grudgingly they will hire two or three. Then the federal government states they have to at least promote one black person or else. So they grudgingly promote a black person. Yet their old ways continue. Does anyone honestly think we can change a systemically racist system overnight just by being in the room. Everyday they look at us, ESPECIALLY black men, they are filled with disdain and reminded that the company they run is in a way controlled by the federal government. They want to openly be racist. They want to openly discriminate. It literally takes a lawsuit to try to effect change in many of these corporations. They want to do as they please. They have their own system and in a way I have always felt as a black person that I “WE” are an unwelcome visitor in their places of business.

How can we stop this or even minimize it? Tell the big businesses who give contracts to these racist companies to give contracts to black companies who can hire us and then we know (or at least hope) we will be treated fairly. If we continue to work for these racist redneckish white owned businesses they will continue to underpay us and exploit us and abuse us. I have seen it too many times. As blacks we should be tired of having to run to the EEOC and these governmental organizations to defend us. It is time we started defending ourselves.

America still has abusive employers amongst the makings. Why do they get away with it? Many of the States in the United States have limited work laws, such as hiring and firing. One day you could go to work with a new hair cut and the employer does not like your hair cut and you are fired because of that hair cut. Is that legal? Yes, in some states it is legal as they do not need to stipulate the reason for firing you, they just can.

Some Americans stay at a place of work because they are so depressed from the employer that they do not think that they could gain employment elsewhere. Another reason for some employees to remain at a place of employment that is abusive is because when they seek other employment the future employer will call the present employer. This can cause a string of more problems from the abusive employer.

Abusive employers in the United States is not quite into terms of physical but more on an emotional level and upon first employment with these abusive employers you will sign an arbitration clause. So I signed an arbitration clause, I can still sue them. No, arbitration clause means you forfeit your ability to sue them for whatever matter is brought. In an arbitration clause you sometimes agree to pay a fee of about $100.00 in the case that something happens. Yet, arbitration is merely speaking with a representative and trying to meet a happy medium.

Dillard’s has many employees that they are abusive to and there are blogs that are kept by these employees to keep track of how they are referred to as turds by one Store Manager. In another Dillard’s is a woman that fell three years ago, and still has not received a drop of workman’s compensation. Why? Dillard’s met with her during arbitration and agreed that she could still have a job with them, and supplied her with a doctor that claimed there was nothing wrong with her. Now after three years of saving, she is told by a doctor that she paid with her own money that the previous doctor had been lying, she had a fracture in her leg that had healed incorrectly, which was why it pained her to still walk to this present day.

Dillard’s response was to ignore the subject. That is how they have operated and abused many of their employees, ignore it and they’ll go away. But if they walk out the door, they will give you a bad reference.

How can one overcome such an abusive employer?

Keep positive as more people are abused by companies such as Dillard’s the more good employers will recognize that it isn’t always the employee’s fault. In addition to this do not be shy about some of the treatment that you were issued as a reason for quitting. Though, they may not give you a wonderful reference, as that is just how Dillard’s operates, keep trying as each employer does have competitors that would be thrilled to hire you.

In the mean time, keep applying for different jobs. While you are waiting do something you enjoy, like catch up with family members, spend time with friends, read or do other things to keep your mind occupied from the emotional abuse you may have suffered. It is important to remain positive.

Many corporations have made changes to their operations to survive the current economic downturn. They have asked their employees to make some sacrifices to help them stay in business such as cutting work hours and suspending raises and furloughs. Some employers, however, have always viewed their employees as a necessary evil. These employers are using the recession to squeeze workers to produce more in less time for less pay. They create difficult working conditions that put employees at unhealthy stress levels. If you work for a company like this, you may want to start looking for another job. If you are looking for a job, it is a good idea to identify abusive companies and avoid applying for a job with them. Here are ten signs a company is an abusive employer:

1.       Your employer is consistently rated poorly for customer service. Poor customer service indicates that a company’s board of directors is more interested in high sales and a low bottom line than earning its customers goodwill and trust. If its customers feel the company abuses them, then the company will not hesitate to abuse its employees too.

2.       Your employer routinely outsources much of its work to foreign companies. When a company relies on foreign outsourcing to provide customer service and support services for its US employees, the people who are served find it difficult to resolve their issues. The company that is willing to sacrifice good customer relations and quality support for its US employees to increase its bottom line is not an employer that can be trusted.

3.       Your employer is always hiring. For the past three years, a large call center in New Mexico owned by a Fortune 500 company has had two huge banners on the outside of its building that proclaims it is “Now Hiring.” The reason that the call center is always hiring is that it is always firing! Just as often, its employees get fed up with the unreasonable demands made of them and quit. This particular company has earned a reputation for being a difficult employer. Avoid employers with high turnover rates.

4.       Your employer manipulates its employees to get give the company good reviews. When stock prices are down, some corporations have resorted to temporary tactics to solicit good reports from their employees on their working conditions. One company implemented an “employee retention” program. It gave its employees generous incentive bonuses, relaxed some of its more stringent job standards and policies and created some fun activities. Then, it asked its employees to fill out surveys. Once the company received national attention for being a great place to work, which boosted its stock, the employee retention program was dropped.

5.       Your employer trains you to manipulate customers. You are provided with a script to read to the customer (as if you are using your own words) that creates the impression that their problem has been resolved or they are getting a great deal. You know that nothing is actually resolved or the deal was not really a deal. This is not an employer that has your best interests in mind if it trains you to fool customers.

6.       Your employer is obsessed with employee fraud. Unfortunately, employee fraud is a problem but your employer has become obsessed to the point of paranoia when it starts defining fraud in ways that make little sense and then, run constant reports to catch offenders. Ask yourself if your employer is actually monitoring fraud or is hiding its own fraud.

7.       Your employer does not respect your personal needs. Occasionally, everyone has to take time off for a doctor’s appointment or personal business. Some companies will severely penalize employees who do not schedule time off in advance. If your employer is intolerant of even an emergency that is beyond your control, such as getting into a car accident on your way to work, then you are not being treated like a human being but a robot. Many companies do not go so far but can have terrible policies that border on human rights violations such as forbidding workers from using the restroom except on scheduled breaks.

8.       Your employer demands you use personal time for work. Before you start your day, you must make coffee, sort your inbox and turn on your computer to load several programs that you will use during the day. If your employer demands that you have these tasks done before your paid time starts, your company is probably in violation of state laws and should be reported.

9.       Your employer often fires senior employees with good work records for minor infractions.  Unfortunately, too many corporations engage in this practice to save themselves the cost of paying higher wages and retirement benefits. Not all companies are so callous. Find a company that has a proven track record of valuing its long term employees.

10.   Your employer puts out a long list of “don’t” and “will” rules. Your company is managing in a decidedly negative method when it gives you a long list of “Don’t do this� or you will be fired on the spot.” Managing employees by intimidation is one of the most abusive moves a company can make. Not only does this company not value its employees, it is probably in some kind of trouble that has yet to become public. Don’t waste any time. Find another job even if you have to take a reduction in pay.

By: Linda Harding Martin

Ten Signs of an Abusive Employer

Many corporations have made changes to their operations to survive the current economic downturn. They have asked their employees to make some sacrifices to help them stay in business such as cutting work hours and suspending raises and furloughs. Some employers, however, have always viewed their employees as a necessary evil. These employers are using the recession to squeeze workers to produce more in less time for less pay. They create difficult working conditions that put employees at unhealthy stress levels. If you work for a company like this, you may want to start looking for another job. If you are looking for a job, it is a good idea to identify abusive companies and avoid applying for a job with them. Here are ten signs a company is an abusive employer:

1.       Your employer is consistently rated poorly for customer service. Poor customer service indicates that a company’s board of directors is more interested in high sales and a low bottom line than earning its customers goodwill and trust. If its customers feel the company abuses them, then the company will not hesitate to abuse its employees too.

2.       Your employer routinely outsources much of its work to foreign companies. When a company relies on foreign outsourcing to provide customer service and support services for its US employees, the people who are served find it difficult to resolve their issues. The company that is willing to sacrifice good customer relations and quality support for its US employees to increase its bottom line is not an employer that can be trusted.

3.       Your employer is always hiring. For the past three years, a large call center in New Mexico owned by a Fortune 500 company has had two huge banners on the outside of its building that proclaims it is “Now Hiring.” The reason that the call center is always hiring is that it is always firing! Just as often, its employees get fed up with the unreasonable demands made of them and quit. This particular company has earned a reputation for being a difficult employer. Avoid employers with high turnover rates.

4.       Your employer manipulates its employees to get give the company good reviews. When stock prices are down, some corporations have resorted to temporary tactics to solicit good reports from their employees on their working conditions. One company implemented an “employee retention” program. It gave its employees generous incentive bonuses, relaxed some of its more stringent job standards and policies and created some fun activities. Then, it asked its employees to fill out surveys. Once the company received national attention for being a great place to work, which boosted its stock, the employee retention program was dropped.

5.       Your employer trains you to manipulate customers. You are provided with a script to read to the customer (as if you are using your own words) that creates the impression that their problem has been resolved or they are getting a great deal. You know that nothing is actually resolved or the deal was not really a deal. This is not an employer that has your best interests in mind if it trains you to fool customers.

6.       Your employer is obsessed with employee fraud. Unfortunately, employee fraud is a problem but your employer has become obsessed to the point of paranoia when it starts defining fraud in ways that make little sense and then, run constant reports to catch offenders. Ask yourself if your employer is actually monitoring fraud or is hiding its own fraud.

7.       Your employer does not respect your personal needs. Occasionally, everyone has to take time off for a doctor’s appointment or personal business. Some companies will severely penalize employees who do not schedule time off in advance. If your employer is intolerant of even an emergency that is beyond your control, such as getting into a car accident on your way to work, then you are not being treated like a human being but a robot. Many companies do not go so far but can have terrible policies that border on human rights violations such as forbidding workers from using the restroom except on scheduled breaks.

8.       Your employer demands you use personal time for work. Before you start your day, you must make coffee, sort your inbox and turn on your computer to load several programs that you will use during the day. If your employer demands that you have these tasks done before your paid time starts, your company is probably in violation of state laws and should be reported.

9.       Your employer often fires senior employees with good work records for minor infractions.  Unfortunately, too many corporations engage in this practice to save themselves the cost of paying higher wages and retirement benefits. Not all companies are so callous. Find a company that has a proven track record of valuing its long term employees.

10.   Your employer puts out a long list of “don’t” and “will” rules. Your company is managing in a decidedly negative method when it gives you a long list of “Don’t do this� or you will be fired on the spot.” Managing employees by intimidation is one of the most abusive moves a company can make. Not only does this company not value its employees, it is probably in some kind of trouble that has yet to become public. Don’t waste any time. Find another job even if you have to take a reduction in pay.

By: Linda Harding Martin

Me Against Iniquity: Understanding the Complexities of Global White Supremacy (Racism) Through The Eyes of an Unapologetically BLACK Intellectual

May 29 (Reuters) – Two dozen black pilots alleged in a lawsuit on Tuesday that United Continental Holdings, the parent of United Airlines, passed them over for management promotions because of race.

The world’s biggest carrier denied the allegations and said it would fight them in court.

The veteran aviators alleged a long history of discriminatory behavior across multiple U.S. states. Their suit was filed in the U.S. District Court for the Northern District of California in San Francisco.

“The struggle for inclusion at United Airlines is a long-standing issue that many have tried to address over a long period of time,” Captain Leon Miller, a plaintiff, said in a statement.

Most of those involved in the suit worked for pre-merger United. The complaint specifically addresses promotion issues dating to 2009.

Additionally, nearly half of the plaintiffs were part of a 2010 federal equal employment racial discrimination case against United…

View original post 130 more words

Read Think Write Teach

SunTrust Mortage has agreed to pay $21 million to settle a federal lawsuit alleging racial discrimination in its lending practices against Hispanics and African Americans.

This is the second-largest fair lending settlement ever obtained by the U.S. Department of Justice.

A complaint filed by the department in U.S. District Court in Richmond said SunTrust Mortgage charged more than 20,000 black and Hispanic borrowers more than similarly qualified non-Hispanic white borrowers between 2005 and 2009.

Minority borrowers in 75 geographic markets stretching from Virginia Beach to San Francisco paid more in loan fees or higher interest rates based solely on race or national origin, according to the complaint.

The consent order filed along with the complaint says SunTrust Mortgage denied wrongdoing but agreed to the settlement to avoid expensive and potentially risky litigation.

“SunTrust strongly believes in the principles of fair lending,” company spokesman Mike McCoy in Atlanta said. “We are…

View original post 388 more words

Ty Hyderally and Employment Law

Tayeb Hyderally chose to work in the field of employment law because of the wide variety of situations. As an expert lawyer he has seen just about everything, but it is cases like Ash vs. Tyson Foods that raises eyebrows. Employment law NY is a vast field and encompasses lots of different scenarios. The intent of various employment laws is of course to protect from any type of discrimination in the workplace. Ty Hyderallyhas spent a large part of his professional career in advising both employee and employer of their rights and responsibilities pertaining to employment law.

The case with Tyson Foods is interesting because of the final result. The U.S. Court of Appeals for the Eleventh Circuit reversed the decision that it made when the case was originally tried. This is very rare – and almost unheard of.  John Hithon and Anthony Ash both alleged racial discrimination on…

View original post 365 more words

Lily Kreitinger

Help WantedIf you believe what you hear and read in the news, you have plenty of reasons to be depressed about being unemployed, underemployed or working at a place you hate just so you can pay your bills. But…if you want to know the secret of finding a GREAT job in a tough economy, keep reading!

The economy may be tough, opportunities may be hard to find, competition may be fierce; but there’s a perfect job out there, waiting for you to come and find it. I truly believe you have all you need to succeed; if you want to take the time to find the strength within you.

Here is my story.  I had been a telecommuter for two and a half years and I received notice that my position was going to be terminated.  I found myself in a new town, with  two very young kids who demanded my constant attention and…

View original post 466 more words