How to protect my wife???

[LionessDeon 2,060]

So if you force them to give her the better job then what? How will they treat her then? Will they automatically then become more accepting of her? Personally, I don't think it looks good for you to do the talking for her. I don't think that would be well received, she's an adult. If she's competent enough in the English language to work in upper management (with college degrees) or whatever than she should be able to speak for herself. Sometimes you just have to walk away. Obviously, this isn't a company she want or is proud to work for.

If you choose to go down the lawyer path, have strong evidence not just hearsay. Demeaning emails, company policies, even managers personal FB posts can be used if they post relevant subject matter.

Best of Luck!

[Ribs & Beans 19]

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!

I'm obviously missing whatever part of Carton25's comment that was crude or misunderstood the concept of racial discrimination. Carton25 made a helpful point based on the information provided in the original post. The previous posts have made good points too. All I can say is that I hope any correspondence you send uses a more standardized and legible format than your posts here do.

[JoelyLeidy 3]

Yes, have your attorney write a power of attorney for you to sign, where your wife grants you the power to speak for her. In this matter, I don't know how wise this would be. From my experience, this can make a bad situation worse. I would think that a better choice would be to have a labor lawyer attend a meeting. Typically companies are pretty risk adverse at the level above operations. They want to support the people they hire, but don't want added risk. I can assure you, if you make a claim of discrimination, they have already run it by their legal department or EEO officer for direction and strategy. Doubtful they would change their decision unless the discrimination was blatant. That is why it maybe better to invest in a labor attorney to address this.

Another strategy maybe for your wife to use this job as a spring board to get another job..It is doubtful this company would give her a bad reference. Typically they will only give dates of employment when called, especially after making a claim of EEO discrimination.

This stuff takes patience as I am sure your wife is overwhelmed with a new environment and work culture here. Interesting my fiancé is having fears of people not liking her for being Colombian. I try to tell her that people don't care. Its just a different culture for you and just give it time.

This is just my opinion... and hope its adds to other's opinions to help you guys navigate through this..

[d3adc0d3 186]

1. You cannot represent your wife in these affairs due to the fact that you are not a licensed attorney. Even with a "Power of Attorney" they do not have to speak with you and can refuse.
2. Contact HR and request a copy of her personnel file, hiring contract and job description. They are legally required to provide her with a copy of this at her request. Review these documents and the state & federal labor laws & regulations. The state will have knowledgeable staff to answer your questions, and assist you in determining if the company may have broken any laws or breached any regulations/policies. From there you can contact a lawyer armed with more information.
3. Continuing to work with that company whilst lodging a discrimination complaint is not likely to harbor good feelings. Legally they cannot fire her unless she breaks a rule/regulation in the company (e.g. stealing something), as it would be considered retaliation, however they can make things unpleasant for her... cut her hours, etc.

Personally I think she'd be better off working elsewhere and filing a lawsuit. Once she's no longer an employee, contact the media with your case. It sounds bad -- but they don't want the bad publicity. They'll likely settle faster, if at any point they want you to agree to a gag order, refuse.

Unfortunately discrimination is rampant here as it is elsewhere, and people are just ignorant. Rather than throw yourself in the midst of that negativity, you should remove yourself from the brunt of it, and face it on the fighting field (e.g. courthouse).

Good luck.

[LiliBurd 85]

It must be very hard on her to have to endure this. I think you need to take into account if she will still enjoy working there even if she is given the job she was hired for. Will all this really be worth it for her in the end?

And I would never want my husband to deal with my employer. She is a smart woman that should be respected but SHE is the one that must gain that respect. I manage employees and if someones spouse was trying to interfere that way I don't see how it would be to the advantage of the employee. This is her battle. You can support her and give her advice but I'm affraid you may be doing more harm than good by getting involved.

Best of luck, hope things get better.

Edited October 16, 2014 by LiliBurd

[David & Diana R 1,005]

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.

It is nearly impossibe to PROVE racial discrimination in the work place, trust me, I know for direct experience. And the employer DOES NOT have to talk to you. In fact if they have half a brain they will never talk to you because it only jeopardizes their position. They have seen the flag riseing and they fear a discrimination lawsuit. They ain't gonna talk to nobody. Unless they are forced to do so in a court of law or under court order. You can call the EEOC but also from personal experience I can tell you it is 99% useless. Her own co-workers fear talking to her because they don't want to lose their jobs. Get your wife out of there. Find a new place to work. If everything you say is true why would she want to continue to work there anyway? You think things will get better once you sue them? It will not. On the other hand if she continued to work and wore a personal recording device and there were audio recordings of co-workers and supervisors saying dirogotory remarks that could change things. But it might take years to go through this process. You you really want to go there? Sorry. I am sure this is not what you wanted to hear but I believe it to be true. Just get her out of there and let her find another job. Perhaps if you ask HR they would provide a very nice recomendation letter for her if you agree to just go away... Good luck and God Bless you both.

[Cathi 5,607]

Do you have proof that it's racial discrimination? That is something big companies take very seriously. Could it be she just didn't work out for the job they had hired her for? Just because she has a college degree doesn't necessarily mean she will be the perfect fit for the job.

And please don;t yell and scream at me proclaiming to all that I'm some kind of idiot because and that I don;t know what I'm talking about. I owned a business and hired and fired people for years, I know what it'e like to hire someone who doesn't work out. Discrimination is difficult to prove and many states are hire and fire at will states(including the state I live in), meaning an employer can let someone go with no notice for no specific reason.

[Cathi 5,607]

1. You cannot represent your wife in these affairs due to the fact that you are not a licensed attorney. Even with a "Power of Attorney" they do not have to speak with you and can refuse.
2. Contact HR and request a copy of her personnel file, hiring contract and job description. They are legally required to provide her with a copy of this at her request. Review these documents and the state & federal labor laws & regulations. The state will have knowledgeable staff to answer your questions, and assist you in determining if the company may have broken any laws or breached any regulations/policies. From there you can contact a lawyer armed with more information.
3. Continuing to work with that company whilst lodging a discrimination complaint is not likely to harbor good feelings. Legally they cannot fire her unless she breaks a rule/regulation in the company (e.g. stealing something), as it would be considered retaliation, however they can make things unpleasant for her... cut her hours, etc.

Personally I think she'd be better off working elsewhere and filing a lawsuit. Once she's no longer an employee, contact the media with your case. It sounds bad -- but they don't want the bad publicity. They'll likely settle faster, if at any point they want you to agree to a gag order, refuse.

Unfortunately discrimination is rampant here as it is elsewhere, and people are just ignorant. Rather than throw yourself in the midst of that negativity, you should remove yourself from the brunt of it, and face it on the fighting field (e.g. courthouse).

Good luck.

Actually many states are hire and fire at will states, meaning they can fire someone with no notice and for no specific reason, the state that I live in is one of them. They are not legally liable for anything, if in fact they are in one of those states. My husband worked for a bog retailer when he first came to the US and was injured on the job. They refused pay his medical and refused to pay him, claiming he hurt himself elsewhere. My husband took them to court and he won, the judge ordered them to put him back to work on light duty, pay his medical bills and give him his back pay and received a settlement for harassment he received from a a manager that didn't like my husband.. Two days after he went back to work they fired him. Our attorney(who was very good about winning his case) said there was nothing he could as NH was a hire and fire at will state. That was the end of that. It turned out to be a blessing in disguise as he found an engineering job literally the very same day for an awesome company.

[Merrytooth 5,748]

OP's wife was hired through connection (president of landscaping company introduced her to the GM).

And the GM promised her some job position and HR does not know what is going on and GM already left the company.

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!!!!

If the original position is legit or OP's wife fully qualified for it, the ex-GM would not have to 'slide' the wife into the position in a month or two.

Maybe it's after all the ex-GM's fault for screwing up the whole thing.

[templeton 120]

While the situation as you describe it does sound unfair, I doubt there's much recourse. First, she knew she was taking on a lesser role when she accepted and stayed at the position, regardless of the position she may have been hired for. That's a company's prerogative (especially in a right to work state like South Carolina), and it's an employee's prerogative to refuse the job if they don't like it. It doesn't matter that she may have received assurances that she would be moved to a better role eventually, there's nothing legally binding to that. They can simply give any number of perfectly valid business reasons for not following through.

By all means consult with a lawyer, but I suspect he or she will tell you that unless you can actually PROVE that she has been treated unfairly specifically BECAUSE OF HER RACE, you're going to come up on the losing side against all those high-priced lawyers this large hotel chain no doubt keeps on retainer.

[d3adc0d3 186]

Actually many states are hire and fire at will states, meaning they can fire someone with no notice and for no specific reason, the state that I live in is one of them. They are not legally liable for anything, if in fact they are in one of those states. My husband worked for a bog retailer when he first came to the US and was injured on the job. They refused pay his medical and refused to pay him, claiming he hurt himself elsewhere. My husband took them to court and he won, the judge ordered them to put him back to work on light duty, pay his medical bills and give him his back pay and received a settlement for harassment he received from a a manager that didn't like my husband.. Two days after he went back to work they fired him. Our attorney(who was very good about winning his case) said there was nothing he could as NH was a hire and fire at will state. That was the end of that. It turned out to be a blessing in disguise as he found an engineering job literally the very same day for an awesome company.

He could've taken them back to court for retaliation, he wouldn't have gotten his job back, but he would be entitled to a certain amount of pay in the meantime as well as unemployment benefits paid for in full by the company. I've had a similar issue with a previous employer and the state I was working in (Connecticut), and I was able to settle for being wrongfully terminated. That's why I said to check with his state labor laws. Many states have laws against retaliation and wrongful termination, even those that are "at will".

[sachin1 42]

Lawyer will make money.

[Operator 1,925]

I don't see the racial discrimination angle, can someone point it out?

Did she have a written offer of employment, a contract, something scribbled on a bar napkin?

Oh and FWIW South Carolina is an at-will state.

[d3adc0d3 186]

So is CT. It doesn't prevent an employer from being brought to court for wrongful termination nor retaliation. [source 1], [source 2], [source 3].

[Hotter Otter 1,211]

I've seen it before even in the UK which has better protection for workers than the US. It could be hard to prove and would likely burn her bridges with the employer and it would probably be easier to start fresh somewhere new. But if you feel that you have enough evidence then you can make the decision to proceed. Also as others have said it is better that she represents herself, it is admirable that you want to do as much as you can to support her but the company will not engage with you and she will gain more respect and confidence doing it herself with your support.

Edited October 16, 2014 by Hotter Otter