How to protect my wife???

[raven52 233]

Sorry to make this so long, but all mUST be told! My wife came here April 24, 2013. (K-1 visa) We were married, 6-22-2013, AOS, about 5 months later, EAD/AP was in about 70 days.

She went to work for what I think is the biggest hotel chain in the world, here in South Carolina.

I recently discovered that a massive amount of "racial discrimination" was being directed her way by co-workers, and the "ring leader" is the manager of her department. She also filled out an application for one job, as directed by the GM of the resort, but when she reported to work, she was informed she would be assigned a "lesser job".,.,.,.,but was told by the GM, that "she would 'slide' my wife into the original position in a month or two".,.,,,.,.,.then she was transferred, and now no one knows anything about what job she was supposed to be doing!!!!

The previous GM who hired her, "denied" everything! But, the H.R. department had the original application, so she had to retract some of her denials, and is now, just hoping this situation will just fade away. I ASSURE YOU, IT WILL NOT!

We have went "by the book" about bring the discrimination and the job situation, from talking to immediate supervisor, then to the GM.,.,.,,.still no relief, except her co-workers barely speak to her now, as they are afraid to.

So, I am now going to send a certified letter to the H.R. Manager in Myrtle Beach, requesting a face to face meeting, BEFORE, we turn it over to our attorney. At this time, we just wish for the company, to make good on its word, and the "racial discrimination" be stopped completely.

The President of a large landscaping company was responsible for her getting the job there, and he is willing to go to the meeting, and tell the truth of the lies and deception. He saw it all happen, and was told by the GM, before she left, that she was going to put my wife in the proper position.,.,.,.,but ran to her new job in Tennessee!

My real question is this: I know I am responsible, totally for 10 years, we have no problems,and get along great.

Can someone, tell me something I can use that is USCIS law, or USA law, that allows me to be able to speak for my Filipino wife, as she has never seen such lies and deception. Her company does not want to talk to me even after, my wife gave her permission for me to be able to speak for her.

I just need something from a govt. agency I can quote, that would get their attention, so they will have to deal with me.,.,.,.,as I want to fight this battle. She know nothing of how to fight USA lies, discrimination, deception!

How would you like to fill out an application for a school teacher, and it be accepted, told to report for work, and after orientation, the employer, hands you a mop and broom, and tell you.,.,.,."this is where you have to start!!!!!"""

Please, any info. would be helpful.,.,.,..,.,and yes we have an attorney on retainer.,.,.,.,but we are trying to settle peacefully, with no compensatory damages at this time.

[carton025 38]

You go ahead and do whatever you think you need to do. But keep in mind, that during the first 90 days or so you gal will be on a "probationary period." And, during this time she can be let go for any reason.

Best of luck!

[raven52 233]

She has been there 10 months! I see so many "reads" and only one response, which said nothing!

Carton25.,..,.,you must not understand the words "racial discrimination".,.,..,,which I will not go into.,.,..,.,it is mind "blowing".,.,.,.what has been done!

I would love to see TBoneTx.,.,.,.A&B.,.,..,Rhyan H..,.,.,.,.,or one or the moderators comment on this.,.,.,.as I really need something, if it exists, from USCIS of some govt. agency.,.,.,say something about an immigrant here 1 year and 6 months.,.,,.,.,work 10 months.,.,.,.,and be treated like a slave, and constantly "harassed".,.,.and in general making her life miserable.,.,.,.,.,.AND she is excellent at what she does!

Why would she be the one person in her department, to be assigned the job of OJT coordinator, take all the classes on-line weeks at a time.,.,.,(no extra pay) .,.,and have 9 certifications, in classes completed. Then pass the test and make 100%!!!

I WILL TELL YOU WHY.,.,.,.,.,no one else in that department.,..,.,,.."""IS , WAS intelligent enough to get through the training.,.,.,.,.,.,!!!!!!

My wife is very intelligent, and computer literate!

I cannot believe a "fellow Filipino person" like me.,.,(we both have Filipino wives) would say such a crude remark.,.,.,.which had nothing to do with the situation!

[Boiler 43,381]

Has she thought of seeking Employment elsewhere?

[raven52 233]

Yes, Boiler she has.,,..I already have an application for "Continental Tire" and have talked to the employment contractor, about my wife's 4 year college degree, 4 years management experience, running a business as asst. mgr..,.,..,.and shift supervisor for over 4 years!

I want her placed in the job she was hired for, and H.R. has pulled he app. and confirmed what we have said. And I want her back pay for the difference in the job she was interviewed for, took orientation for.,.,.,.,and then told something else. It is significant amount!

And I hate a lair! You have no idea what my wife has endured for over 8 months,...,.,.,.and kept it inside.,.,.,but she was taking notes, and knew one day she would have to tell me! She did.,.,.,.,.I have a great witness, the person responsible for her taking the job.,.,.,.,.,.,""I would have never let her take the job she took, compared to what the initial offer was.,.,.,.," and the President of a huge landscaping company, that takes care of that property, has all the proof also.,.,.,.,,it will be interesting.,.,.,and YES.,.,she will not doubt leave.,.,.she is highly intelligent, 4 year college degree, and computer literate. And 4 years of management experience!

Just wish I had something, to make them recognize me as her spokesman.,.,.,.,from USCIS.,.,or other govt. agency.

Good day, Boiler, have a good one!

[_Paul&Jesica_ 70]

Yes, Boiler she has.,,..I already have an application for "Continental Tire" and have talked to the employment contractor, about my wife's 4 year college degree, 4 years management experience, running a business as asst. mgr..,.,..,.and shift supervisor for over 4 years!

I want her placed in the job she was hired for, and H.R. has pulled he app. and confirmed what we have said. And I want her back pay for the difference in the job she was interviewed for, took orientation for.,.,.,.,and then told something else. It is significant amount!

And I hate a lair! You have no idea what my wife has endured for over 8 months,...,.,.,.and kept it inside.,.,.,but she was taking notes, and knew one day she would have to tell me! She did.,.,.,.,.I have a great witness, the person responsible for her taking the job.,.,.,.,.,.,""I would have never let her take the job she took, compared to what the initial offer was.,.,.,.," and the President of a huge landscaping company, that takes care of that property, has all the proof also.,.,.,.,,it will be interesting.,.,.,and YES.,.,she will not doubt leave.,.,.she is highly intelligent, 4 year college degree, and computer literate. And 4 years of management experience!

Just wish I had something, to make them recognize me as her spokesman.,.,.,.,from USCIS.,.,or other govt. agency.

Good day, Boiler, have a good one!

While you might have cause for remedy, you are traveling down a long and difficult path.

How important is this particular job in the grand scheme of things? There aren't any other opportunities where you live that your wife can pursue? Pursuing this may sour the work relationship and while the company will have to toe the line in terms of employment law, "difficult" employees can be managed out of the company fairly easily. I am saying "difficult" only in the sense of blowing this issue up with the company HR.

It is quite common for people to get hired into jobs and then end up doing not exactly what they originally expected. In my company, we always have the line "other duties as assigned" in our job descriptions because sometimes you need to do things that outside the area of the specific job title. Just a reality of working at many corporations.

Edit: I forgot to add that you may want to have a consultation with an attorney who specializes in employment law and workplace discrimination cases....

Edited October 16, 2014 by _Paul&Jesica_

[Merrytooth 5,748]

OP needs to replace his PC keyboard first.

[novedsac 355]

So, when she showed up to work she was given a 'lesser' job than she had applied for. Less responsibility? Less pay? Fewer hours?

She has been working in that role for ten months now, so obviously she accepted the 'lesser' job. It's not like they demoted her mid-stream after an established track record with the company.

Where is the racial discrimination? Not enough information has been provided to indicate racial discrimination has taken place.

[novedsac 355]

I just need something from a govt. agency I can quote, that would get their attention, so they will have to deal with me.,.,.,.,as I want to fight this battle. She know nothing of how to fight USA lies, discrimination, deception!

They don't need to deal with you. You have no relationship with the employer. Your wife is an adult and has the relationship with the employer. There is nothing you can provide to them that will change this.

How would you like to fill out an application for a school teacher, and it be accepted, told to report for work, and after orientation, the employer, hands you a mop and broom, and tell you.,.,.,."this is where you have to start!!!!!"""

Well, 'teacher' could have refused on day one and walked out the door to seek another employer they were happy with. If 'teacher' takes the mop and spends ten months mopping the floors, then the 'teacher' has accepted the role and responsibility of being a janitor.

[UnaMexicana 153]

She is an adult and she should fight her battles. You can advice her, you can support her, you can help her navigate the waters of a foreign legal system. But "speaking for her" seems excessive to me.

Also, she accepted being put in a lesser position, so legally that would mean something. Personally, I would not perform a job that I was not originally interested in - less alone a "lesser" job, as you call it.

I hope this is ressolved in a positive manner for her.

[UnaMexicana 153]

Does she speak English? I ask because with all that you have said.. I do not understand.. Why do you need to have the applications.. talk to the contractor about her qualifications for a job she will apply to... and why would she need to take notes to tell you?

Could you pls clarify?

Yes, Boiler she has.,,..I already have an application for "Continental Tire" and have talked to the employment contractor, about my wife's 4 year college degree, 4 years management experience, running a business as asst. mgr..,.,..,.and shift supervisor for over 4 years!

I want her placed in the job she was hired for, and H.R. has pulled he app. and confirmed what we have said. And I want her back pay for the difference in the job she was interviewed for, took orientation for.,.,.,.,and then told something else. It is significant amount!

And I hate a lair! You have no idea what my wife has endured for over 8 months,...,.,.,.and kept it inside.,.,.,but she was taking notes, and knew one day she would have to tell me! She did.,.,.,.,.I have a great witness, the person responsible for her taking the job.,.,.,.,.,.,""I would have never let her take the job she took, compared to what the initial offer was.,.,.,.," and the President of a huge landscaping company, that takes care of that property, has all the proof also.,.,.,.,,it will be interesting.,.,.,and YES.,.,she will not doubt leave.,.,.she is highly intelligent, 4 year college degree, and computer literate. And 4 years of management experience!

Just wish I had something, to make them recognize me as her spokesman.,.,.,.,from USCIS.,.,or other govt. agency.

Good day, Boiler, have a good one!

[perfect 39]

How about getting your state Department of Labor involved?

[milimelo 4,165]

Sounds like EEO complaint and the company seems to be big enough (>15 employees) to have to adhere to the law. Check out the links below and find a rep in your state.

http://www.eeoc.gov/laws/guidance/index.cfm

http://www.eeoc.gov/laws/types/race_color.cfm

http://www.eeoc.gov/employees/charge.cfm

[cocolucho 35]

Sorry to make this so long, but all mUST be told! My wife came here April 24, 2013. (K-1 visa) We were married, 6-22-2013, AOS, about 5 months later, EAD/AP was in about 70 days.

She went to work for what I think is the biggest hotel chain in the world, here in South Carolina.

I recently discovered that a massive amount of "racial discrimination" was being directed her way by co-workers, and the "ring leader" is the manager of her department. She also filled out an application for one job, as directed by the GM of the resort, but when she reported to work, she was informed she would be assigned a "lesser job".,.,.,.,but was told by the GM, that "she would 'slide' my wife into the original position in a month or two".,.,,,.,.,.then she was transferred, and now no one knows anything about what job she was supposed to be doing!!!!

The previous GM who hired her, "denied" everything! But, the H.R. department had the original application, so she had to retract some of her denials, and is now, just hoping this situation will just fade away. I ASSURE YOU, IT WILL NOT!

We have went "by the book" about bring the discrimination and the job situation, from talking to immediate supervisor, then to the GM.,.,.,,.still no relief, except her co-workers barely speak to her now, as they are afraid to.

So, I am now going to send a certified letter to the H.R. Manager in Myrtle Beach, requesting a face to face meeting, BEFORE, we turn it over to our attorney. At this time, we just wish for the company, to make good on its word, and the "racial discrimination" be stopped completely.

The President of a large landscaping company was responsible for her getting the job there, and he is willing to go to the meeting, and tell the truth of the lies and deception. He saw it all happen, and was told by the GM, before she left, that she was going to put my wife in the proper position.,.,.,.,but ran to her new job in Tennessee!

My real question is this: I know I am responsible, totally for 10 years, we have no problems,and get along great.

Can someone, tell me something I can use that is USCIS law, or USA law, that allows me to be able to speak for my Filipino wife, as she has never seen such lies and deception. Her company does not want to talk to me even after, my wife gave her permission for me to be able to speak for her.

I just need something from a govt. agency I can quote, that would get their attention, so they will have to deal with me.,.,.,.,as I want to fight this battle. She know nothing of how to fight USA lies, discrimination, deception!

How would you like to fill out an application for a school teacher, and it be accepted, told to report for work, and after orientation, the employer, hands you a mop and broom, and tell you.,.,.,."this is where you have to start!!!!!"""

Please, any info. would be helpful.,.,.,..,.,and yes we have an attorney on retainer.,.,.,.,but we are trying to settle peacefully, with no compensatory damages at this time.

I think this goes beyond the scope of help that anyone here can really provide you or advise you here on VJ. You will find people here who will sympathize with your wife's situation, they may disagree or agree with what happened to your wife and although it may sound unfair as I think there were many things that went wrong and happened to her, we do not know the whole story of how things developed.

My best advise to you is to seek professional guidance, it is time!!!! See an employment lawyer who can listen to your wife's case and give her the best advise possible. If you and her are not happy with one response, get a second opinion or a third. If you already have one, let that lawyer do its job. I really doubt that the company HR or anyone there would want to listen to you instead of her, or her lawyer in order to resolve her situation, so I think it would be better if you let her lawyer deal with her case. You should support her as she will need your moral support, but you are too emotional involved and sometimes too much emotions can blind us.

If this is not a company for her there are many out there that will want her with her qualifications, believe me they will. I am so sorry this is happening to your wife, I would not want this to happen to my wife either, but let a professional handle her situation and help her through the process which it will be hard and long and seek other options.

Best of luck to you both :-)

Jorge

[msbau764 245]

How about getting your state Department of Labor involved?

Do a cost-benefit analysis. Does your wife want to continue to work in the hotel industry? If so, Myrtle Beach is a small place, and even smaller would be the industry she is in. Making a big stink (although justifiably so) could make things worse for you wife in the long run.

You want advice?

a) I suggest finding out how your wife can quit and claim "emotional distress" or "hostile work environment" so that she can collect unemployment benefits while she is looking for another job; if the company tries to fight her claim, I would proceed with letting them know you will file a lawsuit for racial discrimination. The employer would probably just back down to avoid the negative publicity.

b) look for a better job and then quit