Pushy preggers co-worker aggressively trying to get promotion

[rudeguy]

Not a scumbag lawyer...I'm an HR moron who happens to specialize in risk management and employment law, amongst a few other things.

You may not explain your reasoning to anyone other than your boss, and only give the reasons you promoted B instead of A...until your company gets an EEOC Request for Information. Then you will provide:

1.) A written position statement responding to each of the allegations of the charge, accompanied by documentary evidence and/or written statements, where appropriate. You will also include any additional information and explanation you deem relevant to each charge.

2.) Copies of all written rules, policies and procedures relating to the issue(s) raised in the charge. If they do not exist in written form, you must explain them in writing.

3.) Copy of the handbook (if one exists)

4.) A copy of the complete personnel and disciplinary files of the Charging Party

5.) A list of all employees working in the same facility as the Charging Party, during the relevant period. This includes name, address, telephone number, race, date of birth, hire date, position, termination date, and reason for termination.

Those five things are in addition to a laundry list of other data required, and if there was a termination involved, it grows larger.

As to your question on if anyone has successfully sued under the FMLA for failure to receive a promotion...yes. I'm sure countless times, even more if you take into consideration settlements. I don't want to go digging, but on a quick search: Stoppi v. Wal-Mart Transporation, LCC. I don't know the final outcome.

The outcome doesn't matter much, since its lawsuits that companies worry about.

Thanks for the educated replies.

 

[IndyColtsFan]

I somehow feel with your over the top overreactions, you weren't really a manager for anything important and if so, it didn't last long.

Yeah, I have to agree with alky. Why are you so rude, rudeguy? You jelly, bro?

 

[PenguinPower]

The outcome doesn't matter much, since its lawsuits that companies worry about.

Thanks for the educated replies.

Thanks for living up to your name. I'll work on making the educated replies come from places other than my ass. Maybe my ear next?

 

[rudeguy]

Thanks for living up to your name. I'll work on making the educated replies come from places other than my ass. Maybe my ear next?

wha?

I thanked you for educated replies. I was being nice.

 

[zinfamous]

not your problem. Worry about your own self, let other people worry about it.

but then it wouldn't be a Jedi thread!

 

[rudeguy]

I somehow feel with your over the top overreactions, you weren't really a manager for anything important and if so, it didn't last long.

Nothing super important, just running the "take a number" line at your mom's bedroom door.

 

[zinfamous]

Nothing super important, just running the "take a number" line at your mom's bedroom door.

oh snap! 😀

 

[PenguinPower]

wha?

I thanked you for educated replies. I was being nice.

After claiming I was talking out of my ass. In any event, I was trying to be somewhat witty. I tend to fail at that in written settings.

We cool bro. :thumbsup:

 

[rudeguy]

After claiming I was talking out of my ass. In any event, I was trying to be somewhat witty. I tend to fail at that in written settings.

We cool bro. :thumbsup:

I've been asking for a [sarcasm] tag. I suck at picking it up online.

I meant it, thanks for the informed replies. I hate coming into threads where its just people talking out their asses. I love a debate with someone who knows what they are talking about.

 

[waggy]

After claiming I was talking out of my ass. In any event, I was trying to be somewhat witty. I tend to fail at that in written settings.

We cool bro. :thumbsup:

it's ok. we all get confused when it comes to rudeguy. :biggrin:

 

[MongGrel]

Is there anyone you have ever worked with that you like?

I somehow feel with your over the top overreactions, you weren't really a manager for anything important and if so, it didn't last long.

Nothing super important, just running the "take a number" line at your mom's bedroom door.

🙂

I see Mr Sunshine up to the usual.

 

[alkemyst]

Nothing super important, just running the "take a number" line at your mom's bedroom door.

The only place you have probably been a manager at was fast food.

That's a fact.

 

[alkemyst]

🙂

I see Mr Sunshine up to the usual.

Hi stalker.

 

[rudeguy]

The only place you have probably been a manager at was fast food.

That's a fact.

Oh really now?

My current title of Operations Manager disagrees with you.

 

[alkemyst]

Oh really now?

My current title of Operations Manager disagrees with you.

Clearly you have no reports.

 

[rudeguy]

Clearly you have no reports.

So which is it? I've only been a manager in fast food or I have no reports?

You are clueless but you continue to speak. You are the definition of a moron.

 

[Sonikku]

Agh. Pregnant women get all the breaks in the work place.

 

[SolMiester]

are you fucking nuts? no it's not against the law.

rolf. god damn. no there is now law saying you have to give the highest qualified person the job because they are pregnant. lol

Nor can the law state who you must promote!

 

[alkemyst]

There are many types of law in the U.S., including statutory law (which I think you are asking for) and case law (which Penguin posted).

You are going to confuse him now 🙂

 

[alkemyst]

oh snap! 😀

If I could talk about other people's moms here, that would have been a trainwreck.

He knows I can't so he is using it against me.

What kind of manager had time to fix handheld devices and resell them?

He is a low wage worker bee and hostile.

 

[SagaLore]

no idea if she's the best candidate or not.

no one believes she's going to be out for just 3 weeks.
that dept is going to be screwed if she changes her mind after getting the job and decides to take 3months.

That is a terrible reason to not give a promotion, it is unethical and discrimination. Maternity is a part of life, deal with it.

 

[Smoblikat]

That is a terrible reason to not give a promotion, it is unethical and discrimination. Maternity is a part of life, deal with it.

Working is part of life, if you dont plan on working, dont hold a job. Deal with it.

 

[PenguinPower]

Working is part of life, if you dont plan on working, dont hold a job. Deal with it.

You're about 23 years and 71 posts too late.

 

[Linflas]

Are you serious? Seriously...I...what...the below are not hypothetical. A company has to defend its promotions when a charge is made...

EEOC v. Wells Fargo Financial Michigan, Inc., Case No. 2:10-CV-13517 (E.D. Mich. Mar. 22, 2012).

EEOC v. Sears, Roebuck & Co., No. 5:10-cv-01068-R (W.D. Okla. Nov. 4, 2011).

EEOC v. Mainline Health Care, No.05-cv-4092(CN) (E.D. Pa. settled Aug. 25, 2006).

Goodridge v. SSA, EEOC Appeal No. 0720050026 (November15, 2006).

EEOC v. Elmer W. Davis Inc., No. 07-CV-06434 (W.D.N.Y. consent decree filed Aug. 10, 2010).

EEOC v. Albertsons LLC, Civil Action No. 06-cv-01273, No. 08-cv-00640, and No. 08-cv-02424 (D. Colo 2009).

EEOC v. Restaurant Daniel, No. 07-6845 (S.D.N.Y. August 2, 2007).

EEOC v. U-Haul Company of Nevada, Case No. 2:06-CV-01209-JCM-LRL(D.Nev. settled Jan. 28, 2008).

EEOC v. Central Park Lodges Long Term Care, Inc., d/b/a Linden Grove Health Care Center, No. 04-5627 RBL (W.D. Wash. consent decree filed May 13, 2005).

I think in all those cases they would need to prove that there is a persistent pattern of discrimination against a protected class and not simply that person A was promoted over person B despite the outward appearance that person B was more qualified.

 

[darkswordsman17]

I just get tired of people posting "THAT'S AGAINST THE LAW!" without actually knowing the law. When I ask those kinds of questions, its mostly in hopes that people will actually do some research and find out what the law really is (or is not).

But it's perfectly reasonable for you to talk out of your own ass about it?