Legal Question in Employment Law in Florida

Do I have a case?

I am a current employee of this employer, and I have been suffering from many types of discrimination that most people would ignore, but after four and a half years of the same and recent events I would like to find out if I have a case. The following is a list of situations/events to consider:

� I was promised earnings up to $4K, which never happened

� No raise in 4 � years

� Negative decisions about me based on stereotypes

� Demotion

� Failure to promote

� Reduction in pay

� Discrimination by national origin

� Sexual harassment by offensive conduct and language

� Hostile work environment

� Not allow to take a lunch break must eat at my desk while others take �smoking� breaks that amount to over an hour a day. If I go out to lunch the boss gets hostile

� Employer now demands that I read all company emails on weekends and off hours

� Employer now assumes that I must be available all the time in case of system problems or to reset users to facilitate the accountants work from remote location on weekends and doesn�t appreciate my work during non-working hours

� Employees have no legal rights in this place

� Whistle blower- I openly condemn violations of the law like smoking indoors (my clothes and hair stinks!, hiring of illegal aliens, and more

� Was able to take a 2 weeks vacation last December, but has not been paid for due vacation from previous years. I used to work for companies who will pay for any unused compensation (vacation, sick days, etc) at the end of the year, but not sure if that�s valid anymore.

� My commission percentage was reduced without an explanation. Now the boss wants me to surrender my customers to someone else, but doesn�t want to talk about any adjustments to my income.

� I have never been promoted, but the people that started with me got promoted after getting the credit for all my work, even though they all knew it was my work. I do everything here or used to.

� The agreement when hired was not hourly; in fact the owner said he didn�t care about it as long as produced for the company. I have made millions for this company, but still making $2.4k average.

� Here is the bomber: the owner is openly gay and has surrounded himself with young men, some of them illegal aliens, and because I�m not gay, I believe I�m being pushed off and ignored.

� There is indoor smoking at the office with closed doors. I have openly complaint about it to no avail. Someone filed a complaint with environmental dept. or something like that, and I was immediately affected by the situation as someone created a personal problem for me by calling the department of child support and filing a false claim about me. I am a very private person, and the only place that has my personal information with such details is this office. I must mention that over the years I have seen a lady employee do the same to other people, but I guess she didn�t count on my memory of it. This one lady used to be the only employee until the current VP and I started working with the company. There are rumors about the sudden climb of this young man.

� There are constant insults and demeaning words for anything like: suck my dick, put it up your ass, fuck you, my ass, etc. The boss keeps saying I should quit. I don�t think he wants to fire me because I know too much about the company�s internal affairs and what may be considered illegal moves.

� The company was audited and fined in 2006.

� There are several illegal aliens employed by the company right now and many more in the past. He uses this helpless people to manipulate them due to theirs legal status. I guess he forgot that I�m not an illegal alien.

� In a nutshell, when it comes to me this is how it is �bad if yes, bad if no�. No matter what I do, everything is wrong.

I have a wife and two children; one at the university level and one just about to enter college. That�s why I�m still at this job. These are very difficult times, but recent insults are very hard to take anymore.


Asked on 2/02/10, 11:25 am

1 Answer from Attorneys

Scott Behren Behren Law Firm

You should really sit down with a lawyer and go through all of your claims in detail. Did you make any complaints to HR? You might need to submit these claims to the EEOC. Feel free to call me if you wish to discuss these issues further.

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Answered on 2/08/10, 10:15 am


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