About the Time constraints:
1) You only have to around 180 days to file an EEOC complaint. You also still need to be an employee when you file an EEOC charge unless its a final retaliation complaint. The state department of Labor may be able to get your job back if you are terminated. The state department of Labor has a separate complaint process from the EEOC.
2) Once you receive a "right to sue" letter, you have 90 days to file the lawsuit in District court. Unfortunately, many people are so emotionally traumatized by the workplace aggression that they can barely keep a family and work life balanced. So adding a lawsuit to their list of things to do, is often overbearing. In addition, they are confused as to why the Human Resource department is allowing the mistreatment to go on.
About Human Resources:
1) Some human resource departments are solely in existence to protect the company. So if your manager is a "jerk," human resource departments will do everything they can to prevent the company from paying for the mistakes of your manager. The HR dept and the company attorneys will distort the truth, exaggerate the truth, and possibly outright "lie" if they need to avoid costing the company a lawsuit.
2) Sometimes the company's Human Resources department has high turnover itself. Therefore it may have more employee "placeholders" than they have actual competent staff members.
About Employment Law Attorneys:
1) If you are a single employee making less than $25,000 per year (25K USD per year), then even if you win your discrimination case, the damages awarded may not be sufficient enough for the attorney to put their time into the case.
2) Class action discrimination lawsuits are more attractive to the attorney because there are more plaintiffs and more money on the table against one employer defendant.
About hiring and promotions in "at-will" employment state:
1) Preferential treatment is NOT illegal.
2) Even if you are significantly more qualified than the person hired for the position, the hiring manager can still give a subjective opinion such as "the personality was a better fit for the position." This may be a reasonable excuse for placing someone less qualified in a position from a legal standpoint. No, it does not sound fair, but the employment law in an at-will state is not designed to help the employee. The employers know that the "ball" is in their court.
About Equal Employment Opportunity: Don't count on it.
Especially not at Carolinas Healthcare System, one of the largest employers in the North Carolina Western region.
If you are considering working for Carolinas Healthcare System, you should find out the answers to the following questions:
1) What is their CHS employee turnover rate?
2) What is the average seniority of their employees? five years?
3) What is the employee retention rate? (a duplicate way of asking the previous questions)
4) How many EEOC complaints have been filed against CHS over the last ten years?
5) How many CHS employees completed their internal Grievance Resolution Process and how successful is the program to the employee?
6) What is the percentage of part-time (< 24 hours a week) employees versus full-time employees?
7) Will your opinion really matter? Since they are a multi-billion dollar company where employees are considered disposable.
I have posted several articles describing inconsistencies and unfair treatment. As a former CHS employee who was laid off after seven years of service, my opinion did not matter. Sure, part of the CHS corrective action has been to separate individuals from the company. This action solves their immediate problem, but their real source of employment problems are still on the CHS payroll.
I am hoping to land a screenplay or movie deal. It has been one amazing ride . . .
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