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Old 01-30-2012, 06:24 PM
 
17,815 posts, read 25,631,833 times
Reputation: 36278

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Quote:
Originally Posted by Hopes View Post
Is it really rasicm when the people doing this are all hispanic/latino too? You say the boss is rarely there. I think it would be a tough discrimination case to win. Your mother's best option is to start looking for another job. She shouldn't quit without another job because she wouldn't qualify for unemployment. Tell her to print out her emails and keep them in a file at home. That way she has some proof of what was happening. If she gets fired, she may qualify for unemployment if she has documentation. Also, if she gets fired she'd have a stronger discrimination lawsuit since the employer would be the one firing her, not her same-race peers.
There is racism among people within the same race. For example in the Cuban culture those who have darker skin are looked down upon by those who have lighter skin and light colored eyes.

I worked in an office years ago with a dark skinned black woman who told me(to my shock) that a lighter skin black coworker looked down on her. She said to me "she thinks she is better than me because she is high yellow".

I was taken aback , I thought I was in Gone With the Wind for a minute.

So there certainly is racism amongst people of the same race.
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Old 01-30-2012, 06:30 PM
 
4 posts, read 6,627 times
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Sorry for your mom! She might also record the woman speaking negatively to her -- not sure if that's legal there!
She definitely needs to find new work for her own sanity -- life is way too short!!
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Old 01-30-2012, 06:34 PM
 
43,011 posts, read 108,030,943 times
Reputation: 30721
Quote:
Originally Posted by seain dublin View Post
There is racism among people within the same race. For example in the Cuban culture those who have darker skin are looked down upon by those who have lighter skin and light colored eyes.

I worked in an office years ago with a dark skinned black woman who told me(to my shock) that a lighter skin black coworker looked down on her. She said to me "she thinks she is better than me because she is high yellow".

I was taken aback , I thought I was in Gone With the Wind for a minute.

So there certainly is racism amongst people of the same race.
I know there is racism within same races. I think I made that clear in my subsequent posts. Even the OP is being racist in her description of these people.

Her mother's problem is that none of these people have authority over her and the boss isn't even around to condon the office behavior. If she makes him aware of it and he does nothing, or especially if he retaliates against her, then she has proof of discrimination.

But a woman telling her she's ugly and calling her a derogatory name doesn't in itself make for a hostile work environment. There has to be more than teasing and insults for a work environment to be considered hostile.

Add to the fact that this is a small business she doesn't have much recourse until after she has lost her job. She gets a lawyer and goes after this boss, he'll likely get rid of her. She might win a discrimination lawsuit in a year or two, but that's not going to help her support herself. If she documents everything, she has a chance at unemployment if she gets fired. She will get nothing if she quits.

The mother has the following options: 1) ride it out until she has a case and can collect unemployment if fired; 2) look for another job; 3) quit and lose everything.

The daughter needs to get her act together and focus on cutting back on her expenses and saving all the money she can so she can stay in college if her mother loses income. The daughter can also take out student loans to help support herself is she can't work. The daughter needs to take herself out of the equation.

Last edited by Hopes; 01-30-2012 at 06:57 PM..
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Old 01-30-2012, 06:54 PM
 
Location: NC
6,032 posts, read 9,210,341 times
Reputation: 6378
Not much she can do here. The accusations of snooping and false blame are troubling though and need to be addressed.
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Old 01-30-2012, 07:32 PM
 
17,815 posts, read 25,631,833 times
Reputation: 36278
Quote:
Originally Posted by Hopes View Post
I know there is racism within same races. I think I made that clear in my subsequent posts. Even the OP is being racist in her description of these people.

Her mother's problem is that none of these people have authority over her and the boss isn't even around to condon the office behavior. If she makes him aware of it and he does nothing, or especially if he retaliates against her, then she has proof of discrimination.

But a woman telling her she's ugly and calling her a derogatory name doesn't in itself make for a hostile work environment. There has to be more than teasing and insults for a work environment to be considered hostile.

Add to the fact that this is a small business she doesn't have much recourse until after she has lost her job. She gets a lawyer and goes after this boss, he'll likely get rid of her. She might win a discrimination lawsuit in a year or two, but that's not going to help her support herself. If she documents everything, she has a chance at unemployment if she gets fired. She will get nothing if she quits.

The mother has the following options: 1) ride it out until she has a case and can collect unemployment if fired; 2) look for another job; 3) quit and lose everything.

The daughter needs to get her act together and focus on cutting back on her expenses and saving all the money she can so she can stay in college if her mother loses income. The daughter can also take out student loans to help support herself is she can't work. The daughter needs to take herself out of the equation.
Well what the OP is describing is what in fact goes on. I get very tired of everything having to be PC and not address the issues. So I wouldn't call the OP racist, they're explaining a very real situation that occurs.

I also don't think the mother wants to collect unemployment, FL UE benefits max out at $275 a week and the Gov. Rick Scott is trying to cut the number of weeks down to 12. Miami isn't cheap.

And moving to Boston or anywhere else may not be an option. If the mother owns a home there you just can't pick up and go, and being in her mid 50s is a big strike against her.

I do agree the OP should try and cut back on her expenses since she relies on the mother for help.

But you shouldn't tell her to remove herself from the equation. She is worried about her mom and also worried about her mother's situation might effect her and her education.
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Old 01-30-2012, 08:10 PM
 
43,011 posts, read 108,030,943 times
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Quote:
Originally Posted by seain dublin View Post
I also don't think the mother wants to collect unemployment, FL UE benefits max out at $275 a week and the Gov. Rick Scott is trying to cut the number of weeks down to 12. Miami isn't cheap.
I was explaining her options. The mother wants to quit working without having another job. She won't qualify for unemployment if she quits.

Quote:
Originally Posted by seain dublin View Post
And moving to Boston or anywhere else may not be an option. If the mother owns a home there you just can't pick up and go, and being in her mid 50s is a big strike against her.
Just brainstorming ideas. Any idea is better than quitting without another job, don't you think?

Quote:
Originally Posted by seain dublin View Post
I do agree the OP should try and cut back on her expenses since she relies on the mother for help.

But you shouldn't tell her to remove herself from the equation. She is worried about her mom and also worried about her mother's situation might effect her and her education.
I meant to take herself out of the financial equation via doing what she can to be more self sufficient. She is 23 years old. Her mother shouldn't need to support her financially. It's great that she does, but if her mother is about to face financial difficulty, the OP would be wise to step up and do what she can to ensure that she won't be a financial burden to her mother.
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Old 01-30-2012, 08:51 PM
 
Location: Ontario, NY
3,516 posts, read 7,781,563 times
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I say she should tape the conversations she is having with co-worker. In the case of a he said, she said, it's her word against your mothers. A recorded conversation is some hard evidence in the case of racist discrimination. For Unemployment appeals and perhaps even a lawsuit. She should check the legalities of using such evidence before revealing it, but it far better to have it just in case then to not have it.

"Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most also have extended the law to cover in-person conversations. Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so...."

...T
welve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

For Florida, Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. ( I would think working in a business office would qualify). I'd have her consult a lawyer for better guidance, but I still say its better to have several recorded conversations of this verbal abuse than to have nothing. Even without a lawsuit, she would win a case with the unemployment office in regards of collecting benefits.

Last edited by TechGromit; 01-30-2012 at 09:00 PM..
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Old 01-30-2012, 10:22 PM
 
Location: Up North
3,426 posts, read 8,906,713 times
Reputation: 3128
Quote:
Originally Posted by seain dublin View Post
Well what the OP is describing is what in fact goes on. I get very tired of everything having to be PC and not address the issues. So I wouldn't call the OP racist, they're explaining a very real situation that occurs.

I also don't think the mother wants to collect unemployment, FL UE benefits max out at $275 a week and the Gov. Rick Scott is trying to cut the number of weeks down to 12. Miami isn't cheap.

And moving to Boston or anywhere else may not be an option. If the mother owns a home there you just can't pick up and go, and being in her mid 50s is a big strike against her.

I do agree the OP should try and cut back on her expenses since she relies on the mother for help.

But you shouldn't tell her to remove herself from the equation. She is worried about her mom and also worried about her mother's situation might effect her and her education.
Thanks. Yes, I'm trying to cut back and take loans out, but the loans aren't enough to cover my expenses. I'm not racist, I'm hispanic and just describing something that happens everyday in Miami.


Quote:
Originally Posted by TechGromit View Post
I say she should tape the conversations she is having with co-worker. In the case of a he said, she said, it's her word against your mothers. A recorded conversation is some hard evidence in the case of racist discrimination. For Unemployment appeals and perhaps even a lawsuit. She should check the legalities of using such evidence before revealing it, but it far better to have it just in case then to not have it.

"Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most also have extended the law to cover in-person conversations. Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so...."

...T
welve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

For Florida, Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. ( I would think working in a business office would qualify). I'd have her consult a lawyer for better guidance, but I still say its better to have several recorded conversations of this verbal abuse than to have nothing. Even without a lawsuit, she would win a case with the unemployment office in regards of collecting benefits.

Thank you for this
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Old 01-30-2012, 10:26 PM
 
Location: Up North
3,426 posts, read 8,906,713 times
Reputation: 3128
Quote:
Originally Posted by Book Lover 21 View Post
Well, whether or not it is racist as the other woman is also hispanic, I would say is immaterial. This could be considered a hostile work environment. Keep a journal of everything that happens. (On June 8th at 10am, she said, "xxxx" . I would also continue to document her concerns via email and also request a meeting with the owner and the other woman.

If after all of this, it still continues, I would see an attorney and show them all my documentation.

Yes! Good, the journal idea sounds like something I have heard before. I'll suggest this to her next time we talk. Thanks.
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Old 01-30-2012, 11:32 PM
 
43,011 posts, read 108,030,943 times
Reputation: 30721
Passive aggressive much, Pear? Post your nasty rep comments publicly next time.

I provided you with solid advice. I'm sorry you don't like hearing the plain, cold facts of the matter.

If you care about your mother and want stability while finishing college, you will not advise her to pursue this legally unless she is fired.
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