What is the name of your state (only U.S. law)? Indiana
A friends company is in the process of restructuring. They are taking 4 management positions and merging them into two. At this point there is no legal problems, it is the following that we find worrisome and suspicious and I would like other opinions as to whether the EEOC needs to be notified or if a lawyer needs to be retained.
In December my friend (an Irish immigrant) received a phone call from another multi-unit manager (American born) telling him that the company was restructuring then gave him details as to how it would change his life, which according to his co-worker it meant that my friend would either be demoted or laid off. When he called his superior and told him what he had just been told, the superior confirmed that their was a restructuring, but told him to hold on, it will end up resulting in a raise come the spring. He assured my friend that all would be well.
On January 6th a meeting was held and all of the managers in the other departments were told their fate. They were told that the changes would not take place until August, so they had plenty of time to plan. My friends department was "still being decided" A week later my friend and another multi-unit manager (legal mexican immigrant) were called in to take a psych test. Both passed with high scores, the two American born managers were not asked to take this test. In mid-January, it was announced that one of the 4 managers (an American) had OPTED to accept an equal management position in another department. They were told that everything would be revealed in a meeting to be held on Feb. 12th.
On Feb 10th, my friend received a text message from the co-worker who originally told him about the changes. The message said he just hung up with top management and has some news that affected my friend. He said his cell was dying and please call him asap at the following number. My friend called that number, it was the psychiatric hotline.
At the meeting on Feb. 12th, they started by going over the numbers for the past year. The Irishman came in with numbers 25 points better than the next closest manager, followed by the American who opted to transfer, followed by the Mexican followed by the American who seemed to always know what was going on. It is important that this mans numbers were the worst of the bunch, please keep that in mind. They were then told that the decisions were not all made yet. They were told that the manager who came in dead last had been offered one of the two positions or a transfer to another department. He chose to take one of the open positions so the last opening will be decided between the Irishman and the Mexican. The latter two were not given an option to take a position in another department. Both of the immigrant managers had more seniority than the American. They were also notified that for the next training class they would have to pay for their own plane tickets and hotels and be reimbursed when they submit receipts. The American has stated the company is paying for his ticket and hotel outright.
In the past my friend has been told that he needs to work harder for promotions because of his accent is sometimes hard to understand. He has often been referred to as "The Irish Guy". I told him that I feel that this is discrimination. He is afraid to make waves because he says it might make him unemployable anywhere else. I just want him to know what his options are. In today's economy, finding a comparable management job may not be that easy. They seem to be treating the foreigners in a different manner than the Americans and are giving the American born managers opportunities the others are not getting, without work records to support the differential treatment.
What if anything is the next step? Should they just wait until it all plays out and they "find out in mid March"? Should they be taking any pre-emptive actions?
A friends company is in the process of restructuring. They are taking 4 management positions and merging them into two. At this point there is no legal problems, it is the following that we find worrisome and suspicious and I would like other opinions as to whether the EEOC needs to be notified or if a lawyer needs to be retained.
In December my friend (an Irish immigrant) received a phone call from another multi-unit manager (American born) telling him that the company was restructuring then gave him details as to how it would change his life, which according to his co-worker it meant that my friend would either be demoted or laid off. When he called his superior and told him what he had just been told, the superior confirmed that their was a restructuring, but told him to hold on, it will end up resulting in a raise come the spring. He assured my friend that all would be well.
On January 6th a meeting was held and all of the managers in the other departments were told their fate. They were told that the changes would not take place until August, so they had plenty of time to plan. My friends department was "still being decided" A week later my friend and another multi-unit manager (legal mexican immigrant) were called in to take a psych test. Both passed with high scores, the two American born managers were not asked to take this test. In mid-January, it was announced that one of the 4 managers (an American) had OPTED to accept an equal management position in another department. They were told that everything would be revealed in a meeting to be held on Feb. 12th.
On Feb 10th, my friend received a text message from the co-worker who originally told him about the changes. The message said he just hung up with top management and has some news that affected my friend. He said his cell was dying and please call him asap at the following number. My friend called that number, it was the psychiatric hotline.
At the meeting on Feb. 12th, they started by going over the numbers for the past year. The Irishman came in with numbers 25 points better than the next closest manager, followed by the American who opted to transfer, followed by the Mexican followed by the American who seemed to always know what was going on. It is important that this mans numbers were the worst of the bunch, please keep that in mind. They were then told that the decisions were not all made yet. They were told that the manager who came in dead last had been offered one of the two positions or a transfer to another department. He chose to take one of the open positions so the last opening will be decided between the Irishman and the Mexican. The latter two were not given an option to take a position in another department. Both of the immigrant managers had more seniority than the American. They were also notified that for the next training class they would have to pay for their own plane tickets and hotels and be reimbursed when they submit receipts. The American has stated the company is paying for his ticket and hotel outright.
In the past my friend has been told that he needs to work harder for promotions because of his accent is sometimes hard to understand. He has often been referred to as "The Irish Guy". I told him that I feel that this is discrimination. He is afraid to make waves because he says it might make him unemployable anywhere else. I just want him to know what his options are. In today's economy, finding a comparable management job may not be that easy. They seem to be treating the foreigners in a different manner than the Americans and are giving the American born managers opportunities the others are not getting, without work records to support the differential treatment.
What if anything is the next step? Should they just wait until it all plays out and they "find out in mid March"? Should they be taking any pre-emptive actions?
