I was recently laid off due to "lack of work in my department". However, I had seniority (10yrs) over 7 other employees and asked to be put back down to the deparment they moved me up from. The office manager said no. There are aleast 3 employees who have not met company requirements based on time alone and have misused the policy book but still have their job. I was told that if they acquired a certain major account I will be called back and if they didn't get the account more lay offs were to be within the next 2 weeks. However, it has been 2 months since my lay off. I was told to my face that they held off on the lay off (which was to be between me & my co-worker) because the co-workers maternity leave needed to be covered. I was used and they chose me. I have had 8 yrs of difficulty with the current office manager and the youngest son of the owner. I was discriminated against (but don't have documented proof other than co-workers who can verify). I recently found out that my position was replaced by another employee who helped me 2hrs of the day during the co-workers maternity leave. I was let go because I was not liked by the office manager & I feel that the department manager made his decision unfairly. What can I do? Do I have any recourse in this situation? I also found out that they used the reasoning that I was chosen over others because I made the most money, when in fact my co-worker, who didn't perform at the level I did, made more money than me along with several others in the company. What can I do? Can I sue for discrimination being the only minority in the office and openly mistreated at times? Can I get some recourse for pain and suffering?
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Editor's Response
Sorry about your situation. However, as you probably know from reading the other posts in this Forum, under both Massachusetts and Federal law, an employer is under no obligation to hire or retain the most qualified candidate (assuming your assessment of your relative qualifications is accurate). However, the employer cannot make hiring or other decisions based on race (or age, sex, religion, national origin, or disability). Obviously, I cannot tell you the relative merits of your case by reading your question. For that, you will need to talk to an employment law attorney. Good luck.