I work for a small company that is owned by a large private company.

I work for a small company that is owned by a large private company. We do not have an HR department anymore but there is a corporate HR department.

The President of the company and I have a personality conflict and have since he was hired last year. He is not in the office very often, so this has not been a direct problem except he constantly by passes me when he makes decisions that affect the company's finances. I am the Controller of this company.

For example: he cannot read our financial statements, or our job status reports regardless of being shown several times.

When he started I informed him that the prior President allowed the 2 hourly workers to not punch out for lunch so they could be paid for their lunch hours, His reasoning was they did not make enough money. When this occurred, we did have an inhouse HR that allowed this to happen. I told him this was costing the company money and needed to be stopped. He has allowed this situation to continue.

Last year my husband passed away. A few weeks later he accused me of taking off more too much from work . The company allows you 3 days of grievance pay. I informed him that I have only taken off with approved vacation requests, that he approved!

Last year raises we given, and I received the lowest even lower than my assistance. When I asked why he told me I do not contribute to the company therefore I do not deserve a higher raise. I brought this to the attention of corporate HR but nothing happened.

Last week everything came to a head.

As part of our year-end process, I must make an accrual for any bonuses and the amounts. I asked for this information. parent company. Instead of giving me the information, I received an email back telling me how I must be discreet and not talk about the bonus amounts with anyone within or out of the company. I wrote back that this email was not necessary because I am a professional and have never spoken with anyone about someone's wages. (I CC'd HR) His response was that I only included HR to throw him under the bus and that now he must include his boss on the email telling me that he did not how he was going to handle this continuing unacceptable situation between us.

I took the tone of the last email as a threat to terminate me, I wrote back and included everyone mentioned above that I felt I was in a hostile and intimidating environment. I felt discriminated against for not only myself but also my assistant. Both of us are over 60 while the younger men were given higher %.

HR contacted me:

1) she told me I could not claim age discrimination because my co-worker has not complained.

2) She does not see sex discrimination either

3) She said I am going to be held liable for allowing the over payment of overtime because he inherited the problem, but I was the Controller throughout the time.

I have a meeting with HR via Zoom on Monday where are I am to come up with the dollar amount of overtime. She is missing the point that I feel like this is an intimidating and hostile environment.

i do not want to lose my job because I enjoy it for the most part. I like what I do and who I work. I just came back from a business trip with him, and 2 other people and we all got along.

I am I right that this is an intimidating and hostile environment for me? Do I need to hire a lawyer or file complaints with the state/federal government?

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  1. Anonymous

    Several comments/suggestions:1)Recognize your own part in the poor relationship between you and the new company president. You have been, at best, highly critical of him and he has responded in kind. I suggest that you try for a rapprochement. Whatever his faults, the president outranks you and it is extremely dubious that you will win an outright war with him. If, as you say, you like your job and your colleagues, this is an important step.2)Recognize that a corporate HR department will typically see its first role as protecting the company and its senior executives, not as protecting lower-ranked employees. 3)If you wish to pursue a sex/age discrimination action against your employer (and consider the downside, below), consult a plaintiffs’ side (ie represents employees) employment lawyer. Ideally, find a lawyer who specializes in employment law, rather than a general attorney who occasionally takes on an employment case. The attorney should work on contingency— the legal fee typically comes to ~33 — 40% of any financial settlement.Your first interview with an attorney should be free, so consulting several law firms is a reasonable approach.The attorney can advise you of whether a class action suit on behalf of many women in your workplace is possible, and whether your female co-worker needs to formally complain. Let your attorney decide if it is advisable to file a formal complaint with the federal EEOC (Equal Employment Opportunity Commission) or a state regulator.In addition, if you are thinking of taking legal action, make a dated record of events (brief, factual, unemotional) in a location *outside the office.* Do *not* use company equipment to make this record. If you haven’t yet started such a record, your first dated entry should summarize what has transpired to date with respect to age/gender discrimination, including estimated or, if you have them, actual dates.4)Recognize that the outcome of legal action is very likely to be you leaving the company, with a financial settlement if you are successful, or without a financial settlement if you are not. Reason: companies do not typically care to keep on employees who have taken legal action against them, and the legal action typically makes the work environment so uncomfortable that the employee is happy to leave. 5) On the overpayment of overtime: I do not see how you could be held legally liable in that you reported the situation to the prior and current company presidents. It was not your decision to approve the payment of overtime and you in fact objected to it. If you hire an employment lawyer, mention this series of events, as it is possible to construe it as an unlawful attempt at retaliation for raising your sex/age discrimination claims. In addition, if your employer tries to terminate you due to the overpayment of overtime, this might be grounds for a claim of wrongful termination.6)SUMMARY: Develop, outside the office, a dated record of your legal claims. Find a plaintiffs’ side employment lawyer who will work with you on a contingency basis if you feel that your legal rights have been violated. If you bring a lawsuit, recognize that this will probably result in your leaving your job. If you’d prefer to stay in your job, it might be preferable to repair your relationship with the company president. Finally, don’t assume that HR has your best interests in mind.

  2. Anonymous

    Other than your #5, the rest of this answer enables a terrible boss and HR to intimidate employees and scapegoat certain workers. Yes, it's the professional working world, but too many women have been intimidated over the years into keeping their heads down and mouth shuts re any corporate wrongdoing, and excusing any unfair treatment directed at them as being complainers and weak because "they can't take criticism". If women keep tolerating it, it'll just perpetuate itself.

  3. Anonymous

    The OP stated that she liked her work and wanted to keep her job. Hence my advice about repairing her relationship with her boss and the information that filing a sex discrimination suit is most likely to end with her leaving the company, perhaps with a settlement.

    I agree that harassment, bullying and poor treatment of any type should be opposed. I’d like to see U.S. law changed to make it easier to challenge such unfair conduct, which has happened in Switzerland.

  4. Anonymous

    To start with, accept that your time at this company is over. The President trumps the controller. If you guys can’t get along it’s going to be be him over you. How can you possibly work together after this? At this point you may want to concentrate on the most positive exit strategy you can come up with. A lawyer could be helpful in coming up with a package.

    snd why do you want to work at a company that doesn’t give you the information needed to do your job, feels the need to lecture you on privacy, and scapegoats you for the actions of its precious president?

  5. Anonymous

    Why do you enjoy it for the most part? Your situation is TERRIBLE. You have an abusive boss and HR is enabling him to be this way. Now you're getting punished because of actions he refused to change and that you warned him about. If they don't fire you, look for another job right now. And consult an employment attorney. The HR is full of crap that because the other worker didn't complain it's not age discrimination. It's also gender discrimination. They are trying to intimidate you, call their bluff, or you'll probably have future employers think you were complicit in the overtime issue.

  6. Anonymous

    Go to the EEOCC and make a formal statement. They are an agency to act upon hostile or discriminatory work environments. They may review and determine no cause or they may say cause. If they say no cause - consult an lawyer who specializes in workplace issues ( this will cost you money) to lay out your info. They can give you direction on how to proceed. Keep records of all emails, conversations, etc including if any one was present when comments/behaviors occurred.

    The concerning comment about they are going to hold you liable for the overtime means getting a lawyer is to your benefit now. DO NOT SIGN anything the employer puts in front of you especially about this topic. They can not just take this out of your salary. They can however take you to court for fraud if they want to collect the money - but they can not just deduct it.

    I wish you luck

  7. Anonymous

    This is so complex. Clearly he wants what he wants and how he wants it. You can only provide information to him for him to do his job and then let the chips fall where they may. If he is doing illegal things with respect to pay then you need to report this or you could be liable as well. As for the blame of the previous information when the other Exec was in place and how it was handled that is in the past. Definitely save as much documentation as possible from then and speak to an attorney about the other communication issues. I do think looking for a new role is the right move as I think he is lining up reasons to remove you from your position.

  8. Laura

    Update on my situation:

    Corporate HR is now involved, she has taken my statement and received the spreadsheets with the information she asked for pertaining to the overtime payments.

    She

    has made the comments that she hopes upper management will terminate him.

    Because there has been other write ups and complaints about him. But she still

    needs to get his statement before it goes to upper management.

    I

    received the bonus figures that he wants to pay. Of the allotted pool of 222K

    he wants to pay himself 100K, the other males 81K and the females 41K. He is so

    obvious that he is paying based on his personal feelings.

    When

    I was hired my offer letter stated that I would be eligible for a bonus based

    on a 10% pool of profit before taxes. The pool would consist managerial

    employees only. Now he is including hourly employees, which has never been

    done before.

    Can

    this been done without something in writing notifying the

    managerial employees that hourly employees with all be included in the

    pool?

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