Legal Question in Employment Law in Minnesota

I am a salaried office manager at a company here in st.paul minnesota. Is it legal for the owners of the company to apply their policies to some managers and not to others? More specifically I have worked at this company for 11 years and we have several offices nationwide. Over the years I have seen how other managees have treated and spoken to their employees in an inappropriate fashion. Harassment , verbal abuse, sexual harassment and vulgar language. Some of these managers have even had lawsuits brought up against them. I have also fielded phone calls from employees in other offices where they have reported abuse from their managers. Accusing them of drinking on the job or doing drugs at the workplace on their own or with other employees. These things I reported up the chain to the owners as per our policy and nothing happened. Now an employee has made an allegation against me. Stating that I havemade his work environment uncomfortable. I believe that this employee was under the influence of drugs at the time and we basically got into an argument about it. He fabricated parts and manipulated thesituation when he called my boss. When my boss asked me about the situation I stated that yes we had gotten into an argument but most of what he had said that had happened was not true. There were witnesses to the situation but he did not bother speaking to them even though again other managers had seen what had happened. Since then I have been feeling alot of tension from my boss. I have not had issues like this with other employees. I now feel that my boss is setting me up to fail. He is all of a sudden putting unrealistic expectations in front of me and I feel looking for a reason to terminate me. My work environment has become very uncomfortable. I hear from other managers in my company that they have heard from the owners that all of a sudden they don't trust me and are looking for any reason they can find to let me go. I understand that this could just be them giving me lip service to rattle my cage a bit. Either way I am feling a bit on edge with the events that have taken place. I am the only african american manager in my company and I certainly had to jump through extra hoops in earning my position compared to others to achieve the same rank. It seems that they are being much more strict on me than they have been with other (non-african american) managers in the past. As of now I have not been terminated but am wanting to know what legal recourse if any would I have if I were able to demonstrate unfair treatment and them not being consistent on their policies (which are in writing). Thank you for your time and attention. Mike A.


Asked on 2/22/11, 8:25 pm

1 Answer from Attorneys

Christopher Walsh Walsh Law Firm

I just settled a case with somewhat similar facts. If your employer sets you up for termination, treats you differently based on age or race in promotions, discipline or the terms and conditions of your employment compared to similarly situated white employees or younger employees, it could be illegal discrimination. If they retaliated after you reported discrimination against you or others, that is a potential claim. There are ways to deal with this, to protect your job, your civil rights, and preserve potential legal claims. Call me.

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Answered on 2/23/11, 8:02 pm


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