He doesn't personally need proof of the affair to sue. The lawyer can subpoena his coworkers who can testify that they were involved together.

Well yeah, but proof that they are banging during work hours at the office, would probably improve the case that much more. While without it they would probably come up with some uniform sob story about how the banging never happened at the office, and never interfered with day to day business.

Knives,

There's been a ton of terrible advice in this thread. I practice employment law in CA, and my advice is that you talk to an employment lawyer in your state if you want real info. As I said, sexual favoritism is generally not illegal, but there might be something else (sexual preference discrim. or violation of company policy), or something specific to your state, that you could use as leverage if you truly wanted a settlement.

Pm me if you want me to shake some trees and find you a referral in your area.

Nootka,

In your professional opinion, am I overly cynical or is ClarkNasty overly naive regarding the real purpose of HR?

See post #62 for details.

substantial? I am naive about this. What damages can he prove? verbal promise of raise is not binding. He really hasnt dealt with any harrassment or discrimination yet... so what are his damages?

You are overally cynical. I almost feel like I'm replying to a level

A new twist.

I was approved the promotion today through all the big wigs at corporate (20% raise) and it's scheduled to take effect 1/7/2013. At least that's what common sense would dictate.

Except after reviewing the paperwork signed by everyone important (COO, head of HR, etc., and then me), there is what I believe is a typo stating my raise takes effect 1/7/12 and will be shown on my 1/18/13 pay stub. That would mean my next check should be easy 5 figures, if taken literally. Retroactive pay was not discussed at all in our talks.

This thread is less about the affair now, and more about how I play this. I'm not 100% staying at this place anyway. I think the obvious move is to hold this in my pocket and bring it out whenever I leave (months, years down the line), and file a claim for lost wages. Do I have any obligation to bring this error up? I didn't even notice it until I reread it about an hour ago. I'm starting to see the advantages of working for a ******ed company.

As for OM and her boy, I saw them walking out of the storage room today. There was work to be done back there that I agreed to help with, but got too busy to go back there.

When I saw them I asked the guy, "Hey, do you need any help stuffing boxes back there?"

Sounds foolproof to me.

f the dude in the a

It's clearly a typo. What exactly are you trying to imply you can do with this?

Blackmail them years later for a typo?

this isnt a new twist, knivesout. show them the error, thank them for the promotion, and just do your job.

Wow.

funny how this thread starts as a guy thinking he's gonna get ****ed over by his company...the company comes through for him and now hes thinking about ****ing the company...sweet bro

OP-for you to think that a typo is binding and for you to consider trying to cheat the company because of it demonstrates both a high level of stupidity and a very low level of integrity. Plus your people reading skills obviously suck as you started this thread because you believed they were getting ready to screw you, when the reality was your paperwork just wasn't so important to the important people to deal with until they were ready.

Sincce it's clear with the characteristics you have displayed you have a limited future in the corporate world, you should happily take your raise and STFU.

OP is probably just really young and inexperienced, doesn't mean he can't learn from his mistakes and zany ideas some time down the road.

What company is this op?

Didn't mean to come off as a dick, for all I know maybe they are giving me back pay. I just don't know if I should leave it or bring it to their attention or what.

knives, don't be one of those guys who asks oot a question, everyone tells them they're wrong, and then they become more entrenched in their position. you're better than that.

Only one thing to do...

**** it.

his original response was so much better. it was outrageously uncalled for, but so much better.

Wait til beginning of the year

I know I was harsh in my response, OP, but god damn. Even now, you can't possibly believe for a minute that they actually intended to give you a year's back pay for a promotion you haven't even received yet.

What in your description of this issue would lead you to even think that? This thread started because you thought you weren't getting a raise at all. Did they tell you in your meeting or in any email that they were giving you a year's retroactive raise? If there was any chance at all, don't you think that would be a pretty ****ing significant thing that they would at least mention to you so you could thank them profusely?

So for you to say "for all I know, maybe they are giving me backpay"? is just total BS. The answer is easy. tell them about it. Even though they will catch it anyway, if you are proactive you may get brownie points for integrity you don't seem to actually possess.

edit: and let's even pretend for a moment they did want you to get back pay. If you go to them and say "hey, this date doesn't look right, it would give me a year's back pay" they would say, "no, it's correct." But then think, "man, that Knives really is honest and looking out after the company's interest ahead of his, good man!"

So even if you don't have a lick of integrity in you, it will be a win-win for you if you point out the error.

I've decided that I am going to take legal action to obtain the back pay I am owed, and if they don't give it after settlement talks, I will be prepared to go to trial against them. I'm probably going to use the affair as a second claim. I've been given a lot of good advice ITT and in order to cut costs I plan on representing myself pro se. I understand a lot of the legal issues surrounding this case and have spent a lot of time reviewing case law on this subject. Hopefully this thread can become a forum in which I can bounce my legal questions off of. It's the holidays and everything but I plan on taking action after the new year. Wish me luck!

I'm confused.

What back pay are you owed, and for what?