Do I have a possible Discrimanation Claim Against My Employer

[rsmith6621]

...I have been a TEMP employee for a fortune 100 for the past 10 months. I was hired with a promise that sometime as soon as the economy improved that they would convert myself and other older TEMPS into permanent staff. This is an aviation related position and I took the position not only because it would finally end a weekly commute that I was doing coast to coast but also the pay was almost doubled.

Well in the middle of January my supervisor came up to me and said that the department HR had just given approval for the conversion and the only step we had to complete was filling out new employement applications,benefits paperwork and a new w-9 and direct deposit and accept the offer letter that would be in our emails within the coming week...my weekend started the next day and I returned back to work to find a welcome aboard letter from the Division Manager and VP of the Operations and one of the emails stated that the DM would be up the next week to sign off on it and bring us over.

Well the next week the DM found herself out of town and the supervisor all the sudden went stone quiet, the sad part you are not allowed to inquire as to the staus during this period so I just sat on my hands..a week later the supervisor came up to me and said that the position-s were froze followed up two hours later with never mind....two more weeks go by and the supervisor advises us that the position-s were going to be posted on the net both internal and external because we service federal government agency's so I waited another week and then it was posted for a period of seven days..I had my application completed and submitted that very night.....and waited another 10 days...

Well I come in one morning logged into my PC load my programs and check my email...WAAAHLAH there was an email saying interviews for me and the other two in the pool would take place early in the shift.. I interviewed and knew I nailed the answers to the question with critical thought and honesty and was told I did fantastic and that they would get back with us on the next step early the next week well that turned in to 10 days.....Last Friday I found out from the coordinator of the TEMPS called me to imform me that they did a post interview department evaluation something not disclosed to me or the other two and it seems two team members told the department supervisor that I did not pay attention to what was going on and I often duplicated outbound phone calls to our customers that come in via email and from air to ground aircrafts messaging system...the office is large and the seating is configured so we are back to back and there is twenty feet between us.....I had to tell the coordinator that the duplication was due to the FACT I am 25% deaf in the midtone range of my hearing and I am a borderline hearing aid candidate...this was diagnosed two months ago...I told her that with all the other noise sometimes it is hard to hear others...

Yesterday I got a call telling me that I was not selected and they basically secretly interviewed the next employee on the seniority tree and chose him..he also is half my age and has a Dad who is a local TV CELEB not that has anything to do with it...The supervisor said they would have a meeting with me tomorrow to debrief me and I was told there would be another opportunity this month to reapply.

I am very disappointed and depressed tonight... I can not believe they would make a decision without at least an opportunity to give some form of explanation from me...basically if I am not put on by mid April they will not renew my TEMP contract and I am looking at it this way..why would one month make a difference?.I also feel betrayed and played with all the games that were played,they were not completely honest about the process....and how is it that I am going to change my hearing issue with hearing aids costing $5000 a set and insurance wont cover it and it is a heredity issue in our family.......

My only saving gracing for myself is I am always looking for other ops and I have my family to lean on... So do I have something potential here???..What would you do???

[TomClash]

1. Tell your supervisor that you think you are being discriminated against

Both because of age and disability.

[elleng]

3. I disagree.

Don't mention 'discrimination.' Its a highly unpleasant can of worms, and unlikely to gain you anything, imo.

Get out of there any way you can.

Best of luck.

[TomClash]

8. OP asked whether there was a claim

You waive the easiest claim to make if you don't take it to your supervisor.

[elleng]

9. There is no easy claim to make here,

and taking it to supervisor would likely do nothing but aggravate a difficult situation, imo. As I've mentioned elsewhere, I am an attorney, and tho not a specialist, I know a bit about the difficulty of such matters.

[TomClash]

12. Oh, well, ok then.

You probably went to Harvard too!

Well, I guess I have been put in my place. For some reason I just thought it might be a good idea to talk to the supervisor.

Still, I'm not sure what are you going to tell the OP when he or she is fired and wants to sue.

[elleng]

13. OP won't be 'fired,' he's a Temp, and sought permanent position.

No 'right' there.

I've said, suing on basis of 'discrimination' very difficult, and not worth the time and aggravation, imo. Have already told OP that, here.

Not smart tactically, imo, to tell supervisor, who's gone along with the games being played, that he's suspected of having engaged in discriminatory behavior.

No, not Harvard.

[TomClash]

14. I still disagree with your analysis

What law says a temporary employee has fewer rights than a permanent one?

Do you think the OP could acquire an additional claim against the employer if he or she informed the supervisor of the discrimination and was then fired?

[Lint Head]

2. Lawler consultations are usually free. I would speak to one.

Lawsuits for age discrimination are most often settled out of court because it is less expensive for a company to defend.
Being a temporary worker may change the approach but it is worth talking to an attorney.

I am not an attorney and advice is cheap. A good lawyer or two knows the odds and will pursue it if it's feasible.

[elleng]

4. I am an attorney.

See my post, #3.

[Occulus]

10. Then I have a question for you

If an employer is subject to binding arbitration, and an arbitrator hands down a decision the employer just doesn't like, does the employer have the right to completely disregard the decision made by the arbitrator, or are they required to comply?

If the answer is "no, the employer must abide by the decisions reached by the arbitrator", does an employee have a case re breach of contract or some such?

Yes, this is a union shop, at a federal employer.

[elleng]

11. Employee might have a cause of action agst employer.

P.M. me, if you'd like.

[markpkessinger]

5. I'm a little confused...

Are you saying that you are supposed to keep track of outgoing phone calls others in your department are making, merely by overhearing{/i] them? That would seem to be a tall order for anyone, hearing impaired or not. I have never seen any kind of pooled support, service or sales call center that did not have some kind of tracking system (in the vast majority of cases a computerized tracking database) in place that would allow everyone working in the center to instantly see what calls had already been responded to, those that were pending some further action and those that remained outstanding. Sound to me like they haven't provided adequate resources to do the job properly.

[rsmith6621]

7. not unless someone speaks up..........not whispers

...I think I know who gave this input and they are very arrogant and very self centered... Fortunately I am above the fray to want to make waves with them,I have in the past made work life miserable for those who have tried to make mine the same..Im better than that now..

[rsmith6621]

6. I Think What Bothers Me Most....

...Is somehow I think they think that I will just return to work and be cheerful and motivated and will somehow just shake it off and wait till the next opportunity...Yes I am looking for a way out...I am really hoping they release me early from my contract so I can at least collect 80% of my wages in unemployment which wont create a hardship and take a break for a bit...it has been 5 years since I have had a solid 8 days of vacation.



....then I can check out what my legal options are.....