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I am suffering from stress related illness because of my work situation. I began working there about 2 years ago.

Rolla, MO |

My work is as software developer at a University. When I started they gave me the impression that I would be quickly promoted and paid adequate compensation. I was mislead. It has been over 2 years and they haven't sufficiently compensated me for my work. I do expert level work for entry level pay. They have created a hostile working environment and I've been harassed frequently. My finances are now in a terrible state where my debt has ballooned beyond my ability to pay. I now suffer from back pain, daily migraine headaches, ringing in my ears and stomach problems. What can I do legally?

I think they may be discriminating against me on the basis of race. I'm part Native American. I don't look white. I found some additional information today. Apparently (unknown to me at the start) the department that I work in has been in turmoil for sometime. Everyone there feels overworked and underpaid. They have a higher turn-over rate than most other departments. Advancement is painfully slow and requires a Machiavellian type of political strategy. I'm going to double my efforts to find a new job. That's really the only option. No one has ever successfully won an EEOC complaint against them because they are careful to cover their ass legally.

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Attorney answers 11

Posted

I would suggest moving on to another company or University. It would seem that for a software developer there could be other jobs to consider. Life is too short.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Asker

Posted

I'm looking. So far everyone wants to do contract to hire. I couldn't afford to start a job then lose it the following week or month.

Albert Lee Crosner

Albert Lee Crosner

Posted

Keep looking. You will find the job you are looking for.

Posted

I am sorry to hear about your experience. Nothing you have described is actionable.

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Posted

Consult with an employment attorney. If you have a contract take it to your meeting. Use Avvo's Find a Lawyer service to help you locate a lawyer nearby.

We can be reached at 215-545-2201. Our firm has lawyers licensed to practice in Pennsylvania and New Jersey and in the Federal Courts of those states. The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

Posted

If you feel like you're being harassed or discriminated against because you are Native American, contact a local employment lawyer as suggested by another attorney. If you're not being paid what you believe you are worth, you are always free to seek other employment. Good luck.

Answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations.

Posted

It doesn't sound like there is much you can do. It would be extremely difficult to prove your injuries were the result of your employment

Posted

You can consult with an employment attorney but there might not be much you can do besides looking for another employment . Good luck

Posted

You "think" is not going to cut it, and you need to document specific instances of racial discrimination, and then file a complaint on EEOC website, then wait 6 months to see if you get a "right to sue letter"

Asker

Posted

That would difficult to do because they don't specify why they do what they do. I'm not privy to the management conversations or plans. Though they seem to have lots of ways to track what I do. So I'm probably just screwed.

Posted

What you can do is consult with an experienced employment law attorney. The attorney can tell you if you have a case.

Posted

To show racial discrimination, you will need to establish that you have been treated worse than other employees who are similarly situated with you, but who are of a different race. For example, if less qualified or poorer performing employees of a different race performing a job similar to yours were promoted while you were not, that may be evidence of discrimination. If you file a charge of discrimination, be sure to file it with the Missouri Commission on Human Rights in addition to the Equal Employment Opportunity Commission. Missouri has one of the best anti-discrimination statutes in the country and only requires that plaintiffs show race was a "contributing factor" in the negative employment action.

Posted

Contact an attorney that handles Labor and Employment Law. Get a free consultation and explain in detail why you believe you have a case. You can either go with a private lawyer or make a complaint with the E.E.O.C.-Equal Employment Opportunity Commission. is important that you have witnesses to the harassment. If you are not being properly compensated than the attorney can turn you on to the appropriate state agency to handle. If racially bases the Labor/Employment attorney and EEOC are best suited to discuss the legal matter to you so that you understand.

Posted

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