what can I do ?

I am being told that i am at risk of losing my job oveer another employee, who has had a numbeer of complaint against him from internal & external sources. can this happen? is there anything I can do about it? I do have documentation of problems with him in the past.

1 answer  |  asked Sep 24, 2003 5:24 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
You may have a course of action.

From your posting, I take it that you are a female employee who may be replaced by a male employee who has 'complaints' against him.

Generally, employers have the right to put anyone they want in positions of power, regardless of their abilities. In other words, an employer can choose an idiot over a star for promotion or retention. However, an employer may not base their choice, even in part, on the gender of the employees involved.

Therefore, if the employer has hired/promoted/retained women with 'complaints', you may not have a claim. However, if women are only promoted or retained with excellent work records, while men are promoted or retained even if they have horrible records, you may have a claim of employment discrimination.

If you believe that your employer is discriminating against you, you should complain, IN WRITING, to your supervisor, HR, and any EEO officer the employer has.

If your employer retains the male employee, but not you, you may have claims of employment discrimination. You should speak to an attorney to fully explore your options.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Ave.,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
CEzold@Ezoldlaw.com

posted by Christopher Ezold  |  Sep 25, 2003 09:53 AM [EST]

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