How to protect my wife???

[Operator 1,925]

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].

I didn't read where she was terminated or retaliated against, perhaps you could point that out to me. The OP is claiming that his wife has been racially discriminated against and has been forced to take a "lesser job". So far I haven't read anything that substantiates his claim. There seems to be a lot of he said she said and perhaps some hastily made promises but I don't see where the racial motivation is in any of this. But words are tough for me sometimes.

[Rattled 8]

Dept. Of Labor. Hope you have something in writing from the company involved - salary statement, employee handbook, benefits package, job description.

[Torete 121]

IMO, your two questions are ones that could be best answered by the attorney you have on retainer. After all, isn't that what you're paying them for?

[belinda63 2,981]

Unless she signed a contract prior to or after being hired the company is not obligated to provide her a specific position. She can always quit if she doesn't like the job she has or if she is not given the job she was applying for. Also she was under no obligation to accept a job. A verbal contract between her and the GM means nothing.

If she is being discriminated against she needs to file an EEOC complaint.

[Ontarkie 13,904]

Wouldn't speaking for her just show the employers she is not capable to handle the position you want her to have? Let your wife walk off the job and find a better one, this is not a good way for her to start her new life in the US.

[d3adc0d3 186]

I didn't read where she was terminated or retaliated against, perhaps you could point that out to me. The OP is claiming that his wife has been racially discriminated against and has been forced to take a "lesser job". So far I haven't read anything that substantiates his claim. There seems to be a lot of he said she said and perhaps some hastily made promises but I don't see where the racial motivation is in any of this. But words are tough for me sometimes.

My reply was in response to your comment about "at will" states, which appeared to be a response to someone else who responded to me, in regards to my comment about the company being unable to legally fire her without just cause, once she's lodged the discrimination complaint, regardless of the "at-will" employment clause in her state. I outlined the thread history below, it looks a little confusing in bits but it all makes sense on the grand scale once you see what was said. Sorry for being obscure. I'm browsing this while waiting for pages I'm coding to load (testing/debugging time). LOL

• 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.
• 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.
• 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.

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".

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.

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].

Edited October 16, 2014 by d3adc0d3

[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.

I am sure the "biggest hotel chain in the world" has handbooks that are handed out to each and every employee upon hire. Large companies like this have the employee read and sign that they understand the policies regarding sexual harassment, hostile work environment, discrimination, etc...usually before they even begin to work. These handbooks include definitions, reporting mechanisms, etc... I am sure that the "biggest hotel chain in the world" encourages employees to report any of these incidents. I am also sure that these huge corporations don't want to get sued and this is why they issue handbooks, etc... Something is missing from your post? It is obvious that you are very angry and I don't blame you but you are just creating more turmoil for your wife. My wife is Filipina and it took her a long time to understand that a person can complain to anyone. As you probably know In Philippines when the clerk at NSO says to come back in three months to get your marriage contract Filipina's just say okay and leave. When their American spouse is there (me) with them questions are asked, expedites are requested, but this goes against the grain of Filipino culture. The manager that promised the job is gone. She has moved on. You need to move on also... Good Luck

[Andy&Jiezel 0]

Before paying an attorney, try submitting a complaint with state. You need to do this anyway before any civil action could be taken and obtain a "right to sue".

Here is link for employment complaints in your state:
http://www.schac.sc.gov/Pages/default.aspx

[Glyn and Kathy 288]

Simple question here, do you have the actual job offer (the one she has been waiting for) in writing?? Not the application...anyone can apply for any job they chose, but getting hired for THAT job is another thing altogether. I have applied for a job before and gone for an interview and been told, well, that position has been filled, but we do have this other position if you're interested. SO, do you have the JOB OFFER in writing or any other proof other than someone else's statement??

[Karmalicious 60]

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

Not sure how it works in NC, but in my experience you can only file for unemployment benefits for work performed in the first four of the last five completed quarters. After ten months she won't have benefits for long. My recommendation is look for a better job then quit. Remember, she will need to use this job as a reference for future applications so it's better to strike it up as a lesson learned and move on.

I do wish you both the best of luck.

[Riddy44 17]

How to protect your wife you ask? Get her out of that job. Having her go to work and be miserable everyday is no way to prove a point to "the man".

[David & Diana R 1,005]

How to protect your wife you ask? Get her out of that job. Having her go to work and be miserable everyday is no way to prove a point to "the man".

Amen to that Riddy44!

[bestofboston 36]

You may have a case. I suggest that you take it to the State Attorney General and also get one of the local TV stations to air what is happening.

Or rrrrrr you can relax and do what others have suggested. Have her find another job.

My wife was a school teacher also in the Philippines. Her degree is in Elementary Education. Do you once think that she would be qualified to teach here immediately? I don't think so. Its not just about education. There are a lot of other factors to consider. I do know that she would be one of the best teachers where ever she taught because of her unique ability to communicate and get along with others but her problem is with her sentence structures and pronunciation of words. I would not expect anyone to hire her as a school teacher until she learns or masters the english language. I suggested to her to take speech at one of the local community colleges. She may just do that.

When she first came here, she took a coarse to become a Certified Nursing Assistant. That is the field she is working in now. She arrived in April 2011 and by the end of August 2011, she had her first job as a CNA.

I made it very clear to her when she came here that she would have to start at an entry level position and go from there. Her first job was at a Christmas Tree Shop in New England. Her second job was a cashier at Walmart and then she became certified as a CNA after she completed about 12 weeks of class and hands on training at a nursing school. She is at her third job as a CNA. She has received accommodations at each job because of ability to care for residents at each of the nursing homes she has worked. Her first change of jobs was a result of relocation due to my retirement. She changed jobs once since we came here because of better pay and benefits at her current job. She also continues to take courses so she can eventually get a better job. I had to deal with some criticism at my job before I retired because of whom I married. It was clear discrimination but I sucked it up. You have to decide on what wars you want to fight. Is the current war worth fighting?

[altonbebe 48]

I have told my wife :

1) No jobs in any type of retail environment

2) No jobs in hotel / motel

3) No jobs in rest / bars / night clubs

4) No jobs on commission only

She does not need to work. She wants to work.

I provide everything for her.

[David & Diana R 1,005]

You may have a case. I suggest that you take it to the State Attorney General and also get one of the local TV stations to air what is happening.

Or rrrrrr you can relax and do what others have suggested. Have her find another job.

My wife was a school teacher also in the Philippines. Her degree is in Elementary Education. Do you once think that she would be qualified to teach here immediately? I don't think so. Its not just about education. There are a lot of other factors to consider. I do know that she would be one of the best teachers where ever she taught because of her unique ability to communicate and get along with others but her problem is with her sentence structures and pronunciation of words. I would not expect anyone to hire her as a school teacher until she learns or masters the english language. I suggested to her to take speech at one of the local community colleges. She may just do that.

When she first came here, she took a coarse to become a Certified Nursing Assistant. That is the field she is working in now. She arrived in April 2011 and by the end of August 2011, she had her first job as a CNA.

I made it very clear to her when she came here that she would have to start at an entry level position and go from there. Her first job was at a Christmas Tree Shop in New England. Her second job was a cashier at Walmart and then she became certified as a CNA after she completed about 12 weeks of class and hands on training at a nursing school. She is at her third job as a CNA. She has received accommodations at each job because of ability to care for residents at each of the nursing homes she has worked. Her first change of jobs was a result of relocation due to my retirement. She changed jobs once since we came here because of better pay and benefits at her current job. She also continues to take courses so she can eventually get a better job. I had to deal with some criticism at my job before I retired because of whom I married. It was clear discrimination but I sucked it up. You have to decide on what wars you want to fight. Is the current war worth fighting?