Investigating the Reasons for a Stalled-Out Career

Q I have been working in this company for more than 20 years. About 10 years ago I was promoted, and then two years later I was demoted to my present occupation, the same job I had before I was promoted.

In the interim, at least 15 people were promoted ahead of me even though I have more experience and knowledge about how this business is run. Every time there is an opening, I submit an application and go through the interview process. And somebody else gets the promotion. The explanation they always give me is that there were factors in the other candidate’s favor.

I feel this may be racially motivated. I am of foreign nationality and have a heavy accent. On the other hand, they keep giving me raises and I make more money than any of the other workers in the same grade.

Do you think I should go to human resources with this problem?

--L.R., Irvine

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A Yes. It is usually valuable to try to resolve work-related problems with your employer before you resort to legal action. It is possible that once you explain your situation thoroughly to the human resources department, people who are trained in the laws against national origin discrimination will investigate and take appropriate action if your failure to advance is, as you suspect, based on discrimination.

On the other hand, human resources may be able to explain why others have been chosen for the various open positions in a way that convinces you that the decisions were not motivated by discrimination.

If this approach does not work, you would still be able to pursue your legal remedies with the satisfaction of knowing that you first tried to work out your concerns. If you decide that you wish to pursue your legal rights, you must first file an administrative claim of national origin discrimination with either the state or federal antidiscrimination agency.

The state agency is the Department of Fair Employment and Housing, and the federal agency is the Equal Employment Opportunity Commission.

You do not need an attorney to file a claim with either agency. The employees of the agencies will assist you in preparing the claim. The address and telephone numbers for these agencies are in the telephone book under State of California and United States, respectively.

--Diane J. Crumpacker

Management law attorney

Fried, Bird & Crumpacker

Company Can Designate Physical Exam’s Doctor

Q Can a trucking company dictate which doctor a driver must go to for his federal Department of Transportation physical examination, which is required every two years to keep his commercial driver’s license valid?

--D.S., Whittier

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A Yes, the company can require a driver to be examined by a doctor of its choosing. The driver may also be examined by his own doctor. If there is a disagreement between the two physicians, federal regulations provide for a third examination by a neutral doctor and a final determination by the U.S. Department of Transportation.

--James J. McDonald Jr.

Attorney, Fisher & Phillips

Labor law instructor, UC Irvine

Top Employee Is Wooed by Important Client

Q I have a top-notch employee with excellent work standards, knowledge and drive. This worker is a tremendous asset to our team.

However, one of our most important clients, one with whom we have a large number of contracts and operations, recently has offered this employee an excellent position.

I am very unenthusiastic about letting this employee go, and yet, how do I maintain a good relationship with my client while keeping my best employee?

--R.S., Santa Monica

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A I certainly don’t think that dedication to a client must involve giving the client one of your best employees. And I can’t imagine that the client would expect you to.

You don’t say whether your client’s offer is better than your employee’s current situation. If it is, and you can’t match the offer, you are going to lose the employee.

But if you want to compete to keep this valuable worker, it’s likely the client will appreciate your position.

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

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If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873, or e-mail it to [email protected]. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.