What is Workplace Retaliation? (and why are employers so afraid of it?)
92Your Bully Boss Can be Innocent, But Still Guilty
Or, "How can a jury find your bully boss innocent of bias, but
still return a big fat verdict in your favor?"
Sometimes it feels like the boss has all the power; your employer and H.R. hold all the cards. You just have to come into work and try to avoid the powerful people, and then get back out of there the second the work day is over. But you know what? An employee suffering through a hostile work environment can become more powerful than you imagine by learning their rights. There are many legal rights and lawyers’ strategies that greatly benefit employees, but few employees know about them. Today I’m going to reveal t you one of the most powerful, explain why employers’ fear it, and tell you exactly how to use it. It’s the legal claim called retaliation. Companies, H.R. professionals, and defense attorneys all dread retaliation claims.
Employers Hate Retaliation Claims From Employees
Employers and their H.R. henchmen hate retaliation claims. They hate retaliation claims because there is a proven pattern of companies going to court against employees, prevailing against the employees' charges of illegal discrimination and harassment, BUT, the jury finds that the supervisor did commit retaliation – in the very same lawsuit. That’s what drives employers crazy.
Companies will spend a ton of time and literally $100,000+ paying attorneys to defend an employment lawsuit alleging, for example, age discrimination. After all the effort, hours, and dollars, the company proves that it discriminate against the employee on the basis of age. Yet, the company leaves the courthouse a loser, and it's going to have to write a big fat check to the former employee (who was not discriminated against). Why? Because the former employee claimed both discrimination, and retaliation. And since the employee won the retaliation claim, it really doesn’t matter to the employee one iota that he or she lost the discrimination claim. The employee still won and the employee is still getting paid. How is this possible to lose and win in the same suit?
Retaliation Follows a Hostile Work Environment Compliant
You can allege more than one “claim” (or legal theory of how your employer wronged you) in each lawsuit. An easy example is an elderly woman who sues her former employer for terminating her for her age and for her gender. Her lawsuit contains two claims, and she only has to prove one of the two in order to prevail in court and force her ex employer to pay her money.
In a similar way you can bring a hostile work environment claim, and then add a retaliation claim because your boss treats you worse after you file the retaliation claim. The retaliation claim is a bit like a caboose full of dynamite that is pulled around by a run-away train called Hostile-Workplace. The caboose always comes after the engine, but if they both crash the caboose is more likely to explode. (Maybe I took that analogy too far). The point, though, is that even though you can’t have retaliation without first having the hostile-workplace, the retaliation is easier to prove, more feared by your ex-employer, and more likely to get you paid.
Retaliation Claims Are Easier to Win Than Hostile Work Environment Claims
Part of the reason you are more likely to win a retaliation claim, and why the company fears it so much, is because you don’t first have to prove a hostile work environment occurred in order to win on your retaliation claim. Courts have specifically said that an employee can prevail on a retaliation claim by establishing that the employer retaliated against the employee for opposing allegedly discriminatory practices even if the practices were not, in fact, discriminatory. Sias v. City Demonstration Agency, 588 F2d 692, 692 (9th Cir 1978).
All that is required to bring a retaliation claim is this:
- You complain of a hostile work environment (based on a protected class) that you have a good faith belief is occurring;
- Your boss treats you worse after you make your complaint than he/she did before you made your complaint;
- You complain that you are being retaliated against for lodging your initial complaint
That's it, there's nothing else to it. The only caveat is to emphasize that the hostile work environment in #1 MUST be based on a protected class. (If you don't understand that, see my Hub "What is a Hostile Work Environment")
The Reason Bully Bosses Always Retaliate
Here’s why retaliation claims occur so often and are so hard for employers to stop: imagine that you were at work and another employee accused you of something truly horrible like race discrimination.
You’re shocked! Anyone who knows you at all will say that you would never hold a person’s race against them. You are no bigot! And when you find out what the co-worker’s accusation is, it’s not like she misunderstood you or twisted your words – it’s like she’s putting words in your mouth that you never said.
So, after you learn that this co-worker is falsely accusing you of racial bigotry, do you think you could treat her exactly the same way you did before she (falsely) accused you? Could you resist confronting her about it? Could you be friendly and talk to her just as frequently as you did before? Could you include her in meetings and group lunches just like you did before? Could you resist making even the smallest negative comment about her to your other co-workers?
In all honesty, I would have a very tough
time doing that. Your supervisor is no
different. Even if everyone knows that
your boss is a mean-spirited jerk, he doesn’t
believe that he is a mean-spirited jerk.
He believes in his heart of hearts that he is innocent. As a consequence, he can't resist the very
human urge to defend himself, to attack his accuser, and “fight for” his
career. He will always retaliate. And you should always be ready for it; for you, his retaliation is like ripe fruit from a tree falling directly into your basket.
Abused by a Bully Boss?
- Get Hostile Work Environment Help Now
Get the Undercover Lawyer's FREE email course on the "7 Secrets of Work Law" and learn how to fight back against a bully boss, with an easy to understand, step by step system.
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my comment got cut off. the only thing that happened after I complained to HR was the EEOC poster going up. Anyway, I do not believe there is anything any of us can do at work except dread going in everyday and ignoring this woman's nasty comments and innuendos. There is definitely a hostile work environment where I work, I have been very depressed (at one time suicidally) over this, I have lost weight and cannot sleep. But nothing can be done. Command just ignores all complaints and insinuate that anyone who does not go along w/ the crowd is the problem.
I must disagree, as I am in the middle of utter chaos right now...and had I said "Nothing can be done" I would still be sick, depressed and dying in my job. Yes, I rattled their cages and was told "Shhhh...be quiet" and low and behold, believe it or not, they laid me off! Now doesn't that beat all? I should have just been quiet? Naysayers would say yes...after following Curt, buying the book and educating myself, I had made myself a protected class.
Shame on my employers and now, not only will I have my day in court...but for all the other's that were left behind and still being abused, in fear for their jobs so they say "Nothing can be done" I owe it to them to make it right.
Without Curt, I might still have a job (thanks Curt!)...but I would still be sick, depressed and dying. Today I have hope and im alive. Thank you Curt!! In the Big D!
Sherry, My heart goes out to you in your situation. Clearly you've been beaten down by horrible people at work. I hope you can find the strength to push back -- but I do understand that it is hard to do and many people feel overwhelmed. You are certainly not alone in feeling that way.
Uneaklysane, Thank YOU for chiming in and letting people know that it IS possible to fight back, even if it's not easy. Keep it up and get the respect and dignified treatment you deserve!!
I really want to know what kind of place has people called "Command Officers." The KGB? The Gestapo? That alone would have had me running out the door before the interview even commenced!
i am a victim of everything u write about so keep up the good work woooww thanx
mchebli72,
Thanks for letting me know, and for the encouragement. You can find more articles I've written at my own site, though I will be writing more here too. -Curt
I have learned alot from this web site and i am very thankful for it, because i am going threw the same things as most americans that have to get up every day and go threw terrible things at work just to make a living and keep a roof over our heads.One question that i do have is"IS THERE A LAW THAT STATES THAT EVERY EMPLOYER HAS TO HAVE AN EMPLOYEE HANDBOOK FOR THEIR EMPLOYEES TO FALL BACK ON?DOES ANYONE KNOW ABOUT THIS POLICY AND THE LAW?
Here's some advice that will help everyone in a bad situation at their job. Document everything !! Keep a journal, send emails to yourself if you confront an employee/HR person/boss about any problem. Then when the day comes where you need to file a lawsuit, etc. you will have concrete proof and evidence of your complaints, and they will only have vague comments to say about you, but you will have written evidence, names, dates, comments, all carved in stone !!!
I am also dealing with a super wicked coworker who has my boss's attention. She is major trouble and I think has bipolar characteristics. She can do no wrong in the eyes of my boss. I think he is secretly attracted to her. She constantly harasses me. No one will stand up to her. I have and still do. She retaliates by going to the boss and making up lies. Other people have complained about her, but nothing is ever done about it.
She now has pulmonary hypertension and has pulmonary embolisms in each lung. She is more babied now than ever. No one can complain to HR because we are the minorities and while discrimination definitely does exist, nothing will be done about it. This company has many lawsuits already filed against them and very few victims have won. And worse, I work for a state agency, and not many lawyers want to take a case against the state.
But the threat of action sometimes will make them back down. Unless, of course, they are ran by complete jackasses, like my company, and it will take years to see results. But eventually, even the worst coruption will come to an end.
Its good to have a website like this one to vent some anger off on.
My unit is trying to get me fired. She has written me up recently because of something that others in our dept. have done but not been written up for. She always seems to come after me for something, and makes a federal case out of it. It is never directly my fault. She was also overheard stating that she was 'out to get me' and I was told by a reliable source to 'watch my back because she was out to get me'. She made such a big fuss a while back about something that, it turned out that I didn't do and I was so bothered by it that I spoke to the director of nurses who is all of our boss. I told her of the big fuss and what anxiety it caused me, then to find out that I had nothing to do with it, which I then felt that the manager owed me an apology. I was suspended, loss 3 days of pay. Before I left I told the boss had the manager apologize to me, since then the manager has been trying to find a reason to fire me.What can I do. This stress has taken its toll on me. I have been hospitalized three times for afibrillation, palpations etc.. all brought on my job related stress, since all the tests come back normal. This only happens when I am confronted by some issue at work and reprimanded.
what can I do. Who can help me.l
my boss sometimes wants me to work off days but sometimes i cant so the next time he puts up a schedule he shortens my days or hours.I want to go to HR but i dont know really what to tell them.If anyone knows what to do give me some feedback please
Is it true that four months is too long to prove a causal link between complaining about management's handling of sexual harassment claims against owner(complained in interim too) and retaliatory firing in 11th circuit court ("hardest judges in the country")? Told this would throw upcoming EEOC mediation as well.
I want to comment to everyone and anyone on here who is wondering what to do, because BELIEVE me, I have been there, and it hurts tremendously to be a victim. Looking back on it, if I still had my job, I would have been brave enough to file even while still employed. I have truly learned to follow my gut. I worked at a county agency, was a very young woman, and went through complete mental anguish when I complained. However, I realize now that even if I did it WHEN I worked there (filed with bigger agencies)-what is the point of fearing loosing your job, because even if you do simply ask questions to outside sources, doesn't that prove discrimination even more-so if you are then let go??! You are allowed as a human to have an investigation, and if they don't allow it-proves their guilt to the law even more.
Good luck everyone. Believe in your civil rights!
My boss just told me that he wanted my counterpart to do something for him becuase "you are a girl and they won't listen to you, this has to come from a guy" WOW??! Really? What a sexist comment! Then I report him to HR and 5 hours later, he changes my schedule, and I ask him why and he said "Because you and I can't be alone together!" and smirked and walked away. Now he is not including me in e-mails, leaving me out of meetings and still going to my male counter part for EVERYTHING! When I am here and am more than capable of helping. So now, my HR closes the case because he admited what he said, and they are treating everything else that he is doing as "it slipped his mind" and "He didn't mean to". I call BS, and will be seeing a lawyer soon.
I was fired one month ago after months of brutal retaliation for standing my ground against my employer Big corporation with open EEOC charge in 09. They could not handle that I would not quit and would not stop confronting them for doing nothing to help me. Finally after months and never being written up they conjur some bs story up and fire me! I was in shock and now EEOC after 8 months sends the RFI NOW! So I have 2 retaliation charges and one harrasament charge they will have to fight after all I have been through I can tell you if you can quit! It is hell and nothing will be done about it for years!To top it all off MY reputation was ruined, they (my harraser) slandered me by sending an email to the company when I left the building telling all I was fired! Mine reputation not theirs! If I see anything it will be so long from now and so little it is so unfair and unfathomable. So you have to make up your mind people stand together and back eachother up at work or forget about it. It is too hard to fight alone and EEOC is a slug in the mud! What did I learn? Justice Delayed it Justice Denied! I moved out of state and started my life over again all of this happened 5 weeks ago and I am still in shock. I was blessed with a good job which came along at the perfect time so Karma I am blessed with that however I will not know for a long time if I ever get reimbursed for all of the pain that was caused and continues on even with me gone.
hi just wanted to know
Undercover lawyer, my situation is pretty much the same. I made a sexual Harassment complaint on or about March 8th or 9th. Paperwork not infront of me.....3 1/2 weeks later I was given a final notice, written up for something my boss did while I was on vacation week before. Sent request for the outcome from complaint and reported what happened. No response so I file with EEOC on a Thur and company got notice on Monday. Wednesday, i was given a severance termination agreement that I refused and ended up using their own handbook against them. They moved me to another building not the pervert.....retaliation gotten worse because I report to same regional team....been at building about week less than two and got PIP for weekly review and possible termination. Now get this....said I wasn't following new buildings processes......I don't know the new buildings processes.....been there less two weeks. I had to request tour, etc. complaint to VP of HR on my third day that I was being shunned and no one would talk to me. They were told not to. Approached my new boss on thur that I was concerned that she never even sat with me to orient or give her expecations...Friday, I got the PIP.
i went to my employer about the new administrator how i had concerns about the practice & things she was doing they needed to be aware of, & now that she found out she is retalating against me , changing my day off , says i have to come in now after 15 yrs, i signed an at will contract -please help what are myh rights?
The comments I've read are all too real! I can totally relate to most of them. I couldn't imagine these types of treatment happening anywhere else. Does anyone have information regarding when the Bullying Law will be in effect? Bullying is certainly on the rise in the workplace and just maybe once the Law is active and enforced, the office bully will be tamed!
I work for a company in southern Indiana. I have been with the company for 4 years. When I was hired on they agreed that while I was in college my hours would work around my school schedule. Well I graduated in March with my bachelors degree, and over the last 4 years I got all kinds of hate for not being able to work the same hours as other employees. At one point they even threatened to take me off salary and make me hourly. Then about 2 months ago the air conditioning in the office quit. I started getting real sick from the heat, and they finally got some window ac units. But now they turn off these ac units over the weekend and when I come in the office it is like 80 degrees in my little cubicle. It takes a good 4 hours for the air to even reach my office, and by that time it is really hot. Today I wrote an email to the boss and everyone asking them to quit turning off the AC. The boss came down and threatened that if I did not quit complaining that they would remove the window ac unit all together, and if I did not like it I could leave. I know they are trying to make me quit. So I sent them an email saying I was going to contact the department of labor if they continue. About an hour later they called me into the office and told me that if I did not like the situation that I could just leave. I told them (again) that I had no intention of leaving. The boss then said fine, your terminated. Of course I bent, and said I was sorry and went back to work. It is 80 degrees in my office as I am writing this, and still dont know if I still have my job. What do I do??
Hi I'm going through an hostile work enviroment right now. When I first started my job I had two work with a few co workers and when i did they were talking bad about other employee's and I didn't care for it to much so my fiance and I decided to basically stick to ourselves so we didn't have to hear it. Well since then I've dealt with them starring at me, saying negative things towards me and also they were turning other employee's against me. Well I coouldn't take watching over my back and looking around to make sure they weren't around me or going to physically harm me so I filed a complaint with the company and they did an investigation. The investigation came back that there was no harassment because they only spoke to the employee's i put on the complaint and there all freinds and all stuck up for each other and lied and I had no witnesses, the management also tolsd me that the one's I filed against said that I'm jealous because my boyfriend and the one girl hang out and there close and it's not true but they used that against me and also said that we take unapproved breaks together which we don't because I just can't go and take a break when I want to i have to wait till the person in charge of where i'm at to tell me to go to break so they can take my spot. Now because of all of this I'm being forced by management to switch shifts because they don't want me to work with my boyfriend even though they have no proof of what was said and also because I told them I haven't made a choice yet because I'm not sure what to do I'm missing work time now because I was told to stay home. My fiance is still working there but there starting to retalate against him and get him into trouble as well and also even though I'm not there they are all still talking bad about me and I have them voice recorded.This has emotionally and mentally drained me and has effected my home life and is now hurting me financially. I was wondering since you wrote your article on a situation like this if you think it's retalation? Thanks
What if the place you are working for has a Mother as the boss/owner, her son the boss? and the next in line is you. who do I make a complaint to? I feel that I have been emotionally and mentally abused by them.
Hello Katie Your situation is not unique at all. How big is your company? I like to engage in this it is very interesting.
I am on the other side of the situation. I was a supervisor for 5 people who all got downsized because I had written them up for minor things. One of the downsizing criteria was that if an employee was written up within two years, they would be among those cut. I was trained to coach with negative consequences for a failure to follow protocol. Since I was the one that wrote them up, I am being sued for religious discrimination, age discrimination, race discrimination, and retaliation. Is there any advice that you can give me?
I have been out of work...not on med leave...just using time...and have missed quite a bit in the past month due to a head injury. I came into work this week and was fired due to "serious concerns about me as an employee." The firing manager told me to leave asap and advised she did not care that I just lost my DL due to frequent seizures. I called the HR manager and she politely told me to get a taxi...uh, we don't have taxis round here. They made me so upset and I was so blindsided, my husband literally bout had to carry me out of there. I mean, my work had sent me flowers at the hospital and called to check on me. They had also stated I needed a note from my doc allowing me to return to work. I did turn in my keys to a girl in the parking lot, but didn't think about the other stuff at all. I was sobbing and wanted to just get outta there.
I had to go back to the hospital today because I had a bad fall due to another seizure, and while I was at the hospital, an officer tried to arrest me for having files from my employer. I had emailed my former supervisor before the seizure and told them I would have them to her Friday but couldn't nail down a time...was going to email later when I identified a way to get a ride. The officer was awesome and very kind. But I did check myself out of the hospital to go get the stuff for him. My car was at home and so was some of the stuff, still at my home office. I was just fired 2 days ago and got sick again immediately afterwards...is this happening? Please help me. I feel lost and I am stupid now. Really, can't remember anything. I've hit my head too many times.
On Dec. 31 10, I asked a question job related to my former supervisor and I was told in front of all my co-workers "not to F....ck with her" that she was tired and did not feel well. I was so humiliated that I immediately reported her to HR, I was told that Profanity was not acceptable also written in the Code Of Conduct Manual that is immediate termination. After I reported her I received 2 written warning of things that happened back in September and I a was the only one receiving the warnings even though there were other females involved,I was also referred to anger management the biggest humiliation of my life. On January 2011, I visited my doctor and he told me that I had to have surgery ASAP to avoid futures damages in my right shoulder. The next day I returned to work I spoke with my supervisor and asked her for advise since I had been in my job less that 6 months, she came back to me and told that the Director approved the time off and signed the Medical leave of absence. When I was home after the surgery and waiting to get back to work, I received a certified mail from the HR stating that I was discharhed of my job because of unexcused absences and for what happened in the past. I am a Hispanic male and a truly feel discriminated, the supervisor that used profanity was treated as a hero and not discharged from work..any advise...
I have worked hard all my life and have had quite a few nice beautiful jobs and have been successful in a postive work environment. But I got a job recently, from the time you walked in the door, it was much malice, hate and working aganist you. People shaking thier fist and nashing thier teeth and these were only contractors. They would harass you and make up lies to the upper management and they took sides with them. This was the most harsh hostile place I had ever worked at. I have been to the congressmen in my state to ask them to introduce the "workers bill of rights" but they will not do so because they make the excuse that lobbist will give them the hardest of time. I will never understand why the higher up management feels the need to bully the people below them just to keep from being fired. How can the average working John Doe or Jane Doe ever stick up for themselves from being abused in the workplace? People need thier jobs in this harsh economy and they are just trying to make an honest living to support thier families. Why do some companies rely on trating thier employees with the worst abuse they can thin of?
I finally mustered up the courage to speak to my boss about my unreasonable workload expectations. There were only 4 employees left at the place- an internet company, and he didn't want to hire any more employees so he had us do 4-5 people's jobs each. I went into his office and very calmly began to explain how stressed I was from all of the extra work being thrown my way and how it was staring to affect my mental and physical health. He became very defensive and hostile, and said that "my personal issues were not his problem" and that "Clearly, YOU can't handle this job so I'm going to have to let you go." Is this even legal? Will I still get unemployment even if they don't cooperate? I just can't believe that this happened, instead of trying to help asses my current workload or hire additional people, he fires me!
I've had more work piled on my plate than the vacancy announcement stated would be required. Then management goes behind my back, without even having the respect to ask me, and puts me on assignments loading me up with work I'll never get completed. Female supervisor has verbally assaulted me in such a hostile manner I avoid her at all costs. I'm a US Army Veteran and I hear they hate Vets. She has spewed such hatred and animosity towards me that it's affected my work effort, I can't sleep, I'm angry as hell, but what can I do? If I confront her she'll threaten to write me up. She already has. I've reported it and we'll see what happens. I've had it with her incessant disrespect. She treats everyone in the office joyfully, and me, she treats like I'm her personal slave and punching bag.
I filed a discrimination complaint with my HR department. I did not go to the EEOC. After HR investigated my complaint they told me I had misunderstood everything. After that I was put on what I would call PIP, micro-managed and have been taken off projects, etc. My questions is if I only filed my discrimination complaint with our HR department can I still file a retaliation suit against them?
7 months ago I went to HR with complaints on my boss, he would call me stupid, threaten to fire me all the time, and told me if I wanted to get better sales, I should suck di**. He admitted it in the meeting and said he didnt really mean any offence to me, a couple days later I was told they had a position (not my current duties)in another company owned by them, I would be best there, I feared not having a job at all so I said ok, and took a couple thousand a year paycut, problem is they were selling out this company. a couple months later I still did not get training, my boss started to complain about my work with no accuracy, and within days of the new company taken over, I am asked to take a different job with lower pay and has me driving 242 miles each day to get to work (unreasonable) I couldnt afford the gas, or take a severance package. I was set up in a position to fail. I am a father of 3 children and my wife is disabled. I really am flustered.
I was written up for a silly thing three weeks after I yelled at a male manager on text to try to keep him from pursuing me further. In a meeting before the write up the manager that I had cursed out made statements to me telling me "I know your talking. I get to hear what your saying." Next I'm written up and the manager that wrote me up said that 3 people complained to personnel and originally it was 2 according to the other manager. I think he retaliated against me. I tell my supervisor and she does nothing but meet with him 3 times secretly. I walked in on their last meeting. I tell personnel that I have something to say about a manager involved in my write up and they don't discuss it with me or call me back. Instead they tell the manager dont talk to me - according to the manager. He actually follows me to my parents house but never talks to me. ??I leave my employment after 2 months of gossip and suspect behavior by the company who abandon me and protect him??? They are acting like they haven't done anything wrong but they ignored me. MY SUPERVISOR KNEW ABOUT THE TEXT MESSAGES AND A SECRET TOLD TO ME BY THE MANAGER THE DAY OF THE WRITEUP." Can an employer act in denial when the supervisor knew??
Each of us has our own cross to bare. But there's always those that help to nail you to the cross. Life's tough, but sometimes the best advice is to just suck it up. Pull yourself up by the boot straps, stop complaining, and get your rear in gear.
Each of us has our own cross to bare. But there's always those that help to nail you to the cross. Life's tough, but sometimes the best advice is to just suck it up. Pull yourself up by the boot straps, stop complaining, and get your rear in gear.
Thankful for this webside i getted so more infromation about this matter i hope to resume in this way ,yesterday i leanerd pravite course with cdu regarding retaliation i get humble benefit from it.
Time Limits to bring a claim?
Can I bring a claim for discrimination and hostile workplace after I lose my job. After suffering for years.
I have been subjected to bullying for 7 years, feeling worthless and worried I gave up. I'm disabled and after 12 months of trying to get moved away from it all. I have now got 4 weeks to find a job within the NHS otherwise I will have my employment terminated.
My former company(hospital) has a long history of discriminating against blacks with quick,flawed and unfair terminations,they have policy rules but apply them more harshly against blacks. My manager was mad that i always complained of discrimination and that he did nothing about,so he terminated me instantly,no paperwork,I still have my work badge,i got my termination papers in the mail a week or so later,and the area where my signature is supposed to be is blank,I was also denied an appeal,and the hospital denied they had an EEO,which they do.my boss also never orientated me,he orientated all his white and asian staff. He had me working near radiation, and with patients but wouldnt orientate me,and the things he wanted me to do were not part of my job description.I was told i was cheap labor and they wanted an extra nurse but didnt want to pay for one.
I had been discriminated at work and retaliated I have made a two chargers tow the Human rights commission. I feel desperate I can't sleep and even though I have always speck the true no one believes me. I feel abandon I feel that having our bill or rights and civil rights is not worth for anything if I don't have money to hire a layer the estate those not provided any legal aid I don’t think is fair because you get one even for DUI but not for a discrimination case or unmployement. how can I defend myself if I don't have money I feel like I’m all alone, but something in me tells me that I need to keep going because I owe it to our great nation to keep fight I at least I will have my dignity and true.
I feel i was retaliated against by my employee. An employee grabbed me by my arm firmly and i told him to stop touching me and to keep his hands off me but he would not move so then he touched me on my buttocks then i elbowed him and pushed him again telling him to keep his hands off me and stop touching me so i wrote a statement of the incident that occurred and gave to my employer and the next week i was fired. During the incident i never got out of my chair i never argued with the guy all i said to him was stop touching me. Well my employers stated i acted inappropriately. I asked how and they said because i pushed the guy. But i was protectin myself i thought the guy was aggressive and would not move from my desk. I felt violated. Was i wrong? I feel my employer retaliated against me for defending myself legally and discriminated against me because i was a female. Can i file a reliation claim against my former employee. Any legal advice would be greatly appreciated.
I know my boss is retaliating against me and it's hard to prove. She is treating me different than before. I took the initiative to work on a project at the same time I do every year. She emails me saying "thank you for attempting to be proactive"....and was saying that in so many words that I needed to discuss with her first and she cc's our manager. Last year I did the same thing and she thanked me. She would have never cc'd our manager before. Now I am under the microscope. I have a government job and nobody believes that I was wronged by her. They are angry because I called the union. The union didn't do anything for me anyway. So now I have to still sit by her and it's a hostile work environment for me but I can't get out from under her. Nobody cares. I can't afford a lawyer. She is retaliating so subtle that you can't put your finger on it. So I am trying to leave and go to another dept, but I am afraid she will do an "exit performance eval" and that would mess up my chances at any new job.
I went thru this at the Pentagon. I filed a complaint against an assault w a coworker. She says she stepped on the back of my foot--yet it sure felt like a kick. A co-worker wrote me and told me she did not want to get involved but she saw her kick me. She would not get involved because she was pressured by management not to say anything. The coworker whom kicked me was a problem from the start. She continued to belittle me in staff meetings etc...and was even more hateful and cruel when men would come by my desk. Later I was told she had affairs with those men and/or was trying to get w another. My management said it was nothing and that my coworker just accidently stepped on me. Yet she was yelling at me and I walked away and that is when she assaulted me. Things got really bad for me. A job in which I worked in for almost 8 months got taken from me..and I was made to come back to the Pentagon to work right beside the person who kicked me. I was also put in a corner to appear I was the problem employee. Management turned against me and took awards from me, watched my leave, denied my leave..to include FMLA for my son. My Director made it very hard on me to take FMLA to care for my son. IN fact she had my supervisor put things on the calendar to get me to come into work since they were very important meetings...in which I could not care for my son. I asked for 6 days under FMLA or pending FMLA since I was waiting on dr to fill out info..the director denied that leave and said she would give me 3 days out of the 6 I asked for due to these very important meetings which most were out of the office! Yep..retailiation starts. I go forward w my EEO complaint and MSPB..it gets worse. ONce I go back to work I am harassed for being 2 and 3 mins late. Every day you dont know what to expect coming into the pentagon. Security checks etc...I have to run to work everyday and pray they dont pull me over for security checks. Granted I was never watched before..nor were others..but my galfriend who worked beside me started to get some harassment too. Because she was my friend...no one else received this treatment..in fact folks stayed away from me and would not talk to me. It got so bad that my supervisor was getting the presssure too to be harsh on me and to find ways to get me fired since this is what management wanted. It got to the point that she told me she was done w me and could not help me anymore since the pressure was too harsh on her and she was about to give birth. She said she was cutting me off. I took that was a threat and reported it..and yet she denied ever saying it...and she also retailed against me..yet she used to be my biggest supporter..knowing my work etc. They made a deal w my supervisor if she lied on her EEO statement..a co worker told me..and she got a deal to get out of our org if she lied for management..well she did in the investigation..which made no sense..because the first time around during the investigations she confessed what management was trying to do. And the second time around during investigations she told a different story. It hurt--but I believe she knows what she has done. She wanted out of our org anyways. I believe she is the one who started some of this crap anyways--the rumor was she was messy anyways. Still I wanted to remain upbeat..still did my job and did it the best I could and still gave it my all..staying after etc..to make sure our customers are being taken care of..and not to mention I was the only one in that org that never received an award. I was pressured to settle my case. Went thru 2 attorney's one tried to take me for all my money and over charged me..I had to take her to court...course I won and didnt have to pay her all this money she said I owed. Her story did not make sense. The next attorney tried to settle for me but she said they really hate me and it will be difficult. So I get another one...cant seem to get ahold of them many days..first I have a case then after my retainer is gone..I may not have a strong enough case--go figure..so now I feel I am being pressured to settle..and back at where I was before. during mediation the mediator told them to give me what I wanted and to settle..the only thing we were waiting on was for the Air force to find me another job..they sat on that..so I found my own job..which was a promotion..The Air Force deputy Mr C the person who is supposed to sign the settlement finds out about this promotion...and deliberately tries to take it from me. During this time..my director would walk past my desk and smile so brightly..as if she knew this job was going to be taken from me..but the lady who hired me pushed back and said you cant hold someone past 30 days if it is a promotion. The lady who hired me asked why they were stalling? And why Mr C asked how and why did I get the job? She told him I was the best on paper..I had to tell her what was going on w me. She said that is interesting..as Mr C tried to take the job from me and her. But they were not successful. So I start my new job, settle in etc..then I was told by a cowoker I was racist because I filed an EEO against another black coworker..I had to let my attorney know..it was not a good start as there were a lot of diversity in my new org..and only 2 whites. My new director told me she could not do anything about the gossip as the person who spread the info sent this info on her personel email..yet I told the director she sent this in your org? She didnt want to do a thing about it. And to this day she has treated me differently even goin about saying the word dear is racist to her..As I say dear or ok dear...SO the retaliation and treatment is on going..not to mention my new director is good friends w Mr C the person who is supposed to sign the settlement. So I give up..told my attorney I am just going to sign the settlement...but will also have to sign saying I wont return to that org for a period of 3 yrs..as if I was the problem..there were parts of that last org I worked at I trully liked..so I cant apply for any jobs for 3 yrs and I find that discriminatory in nature. But I dont have an attorney who is willing to fight..I am up against 20,000 now...and if I had to do it all again..I would have left and found a new job w/out filing. But what am I teaching my children?
Its really sad the environment we work in. I really do not know what to say, my case the HR is a blanket for the management and are also fearful of loss of a job based on the media partially informing people of how this will get you to the street. My case was a case of unjustified dismissal and the person who did this to me knows it was wrong and still proceeded he abused and then employed family and former friends and associates and somehow managed to get backing from someone who personally knows him or plays golf with him. When this person can sit in front of a newly hired manager and quote that his nephew to pursue his position he would help and here he is trying to get me out the door and verbally saying so, there many things unethical piece human garbage did and he still living good while I and my family go through hell. It really makes me wonder why we can not take this people and prosecute them for there actions, what gives them the right to such abuse and get away with it because they have power by someone else s money or the police and government protect them. And for EOCC the wait time is pathetic and if manage to get a lawyer if you have money they win no matter what and you still come out a loser. There no amount of money which can replace the emotional damage done by these horrible people. I am afraid they sell you freedom we are far from it, we are the pawn of economic slavery and humans enjoy the control power to dominate others real SAD
I wish I had the money to represent many of you..most folks are w/out the money and the help to fight against managers who are in their wrongs. It is an ongoing cycle, they can abuse you all they want, get you to quit and/or work on firing you. If they dont like you, they will find ways to fire you. It doesnt make it fair and only gets worse if you file any complaint. But in the end you just want to be treated the way others are and for the work you do and not because of who you are or where you are from. This country can be so great if we just worked together. It makes it far too easy for management as most are protected by the organization to back them up. It is all a cycle that is sickening. While the employee either stays and fights or quietly walks away. Just have faith that things will work out and in the end the bad guy never wins--whether it is today or later in life..it eventually catches up with them.
While I like what you are trying to do, the only people that can benefit from this are people with a protected class. Thus if you are a while male, you have no rights in the workplace (with some exceptions with sexual harassment). You should really emphasize this as many people have no idea and get fired as a result.
My son was arrested at work for fraud he spent 4 nights in jail, the day he had to appear in court the employer dropped the charges against him, with out any reason please advise can we sue the employer, he was also advise not to report to work
Jeff, I would file with MSPB on this one. Your son may be able to recover some damages since the employer dropped the charges and advised him not to report to work. Or write your congressional member. They have to tell your son more than just advise him not to go to work. I would look into this. OR EEO depending on what or if this is also a discrimination case. Reminder, though most attorneys will take your money...tell you that you have a case and later tell you once the retainer has run out that you prob didnt have a case. I learned this the hard way. AFter going thru a few attorneys..it is almost better for you to file yourself as you are the most passionate about your case and will fight it. If it comes to court after you file, then I would consider getting representation. I do think there are good lawyers out there, but hard to find. Good luck.
Rena--I would file charges. The nexus is too close. You wrote up a statement and then got fired. Yet the other guy didnt? I would definitely file w your local EEO office. If you dont you would always wonder. I was sexually harassed at a fast food joint where I worked. I was ridiculed and made fun of as a young 18 yr old since I would not have sex w the asst manager. As most of the females did. The coworkers even went as far as putting a sign on my back saying I was lesbo...and customers had to tell me I had a sign on my back. It was horrible..and the manager even went as far as bringing a playgirl magazine to work to tease me. It was horrible. And I still look back to this many days, I should have turned them in because I am sure the others after me will or had endured the same. This is not professional. You should file before it is too late.
Why don't employers hire qualifying people anymore? I go on these interviews and told hush hush. It's like certain people who have had this problem are no longer even looked at giving people like me the revolving door syndrome. When your told to speak up you do and get told with hostility. So you put your head down and told incompetent. You go to work to work even at best then retaliated by groups of people who know each other. Looks to me only certain types of people are being pinpointed in today's workforce. The lone wolf types who want to adapt but right away looked down upon by social status people who hold all the power. Is this what we've become?
Here's one for you. My boss' Dad is my co-worker. (My only co-worker 99% of the time) He gets paid cash "under the table", I am on payroll (which I am also responsible for keeping books on)
For many years I have had issues with the Dad making sexual and inappropriate comments to me, telling me extremely disgusting personal stories and showing me disgusting pictures and jokes. A couple of times a year the Dad decides he's going to complain to the boss that he doesn't feel I'm working for the money I'm paid....although he's the one who sits on his bottom and plays solitaire on the computer until a customer walks in. Then he might look up and greet them...or might not.
When he does the semi-annual complaint routine, I always take the heat for it. Suddenly the boss is on me daily about paperwork and bills and watching if I'm greeting customers, if I'm typing things correctly, if I'm handling the money correctly...just watches me like a hawk and jumps on every little thing. There is nothing whatsoever done about my return complaints of the Dad playing cards on his paid time and the disgusting things he does. He's so afraid to make his father mad at him, and having retaliation against him through his personal life, that he refuses to handle any situation that calls for reprimand or talking to him about the problem. Several times through the years I have complained about the bullying and comments made to me and that I was concerned with the amount of paid time he uses to play cards on the computer, and I have been told straight up by the boss that he is not going to get in the middle of it, and that I would have to handle it on my own. Then we go through weeks and weeks of hostile attitudes in the workplace. It has driven me to have stomach problems and migraines. The thing is, I know that I am the one person actually working for my pay, I am seemingly the only one who cares whether the boss makes money and that the customers want to return. I am the "go to girl" for everything! I am plumber, electrician, phone specialist, computer and electronics repair, bookeeper, sales associate, tax prep gal, building maintenance pusher, etc. etc. There is almost nothing there that I don't do, or that is expected for me to do. And if they can't find something, they turn straight to me for the "where is its".
I have written down my complaints, written down my concerns and asked my boss to sign and date that he read them and he refuses to sign anything. There are no existing personnel files of any kind in my workplace and the boss doesn't want them to exist.
I am stuck between a rock and a hard place because he will not take action other than it being against me just to keep Daddy happy and content. So I have to pretend that I like working there and shove the comments and the stare downs from my shoulder just to get through the day. There is no way to document anything that happens there, due to my boss refusing to allow any of his own involvement or documentation on the issues I present. I have no one to witness my end of things, and I know that it is automatically assumed that the Dad is telling the truth, yet has no way of proving these false allegations toward me. He doesn't have to prove them, he only has to say them....and it seems that the Boss feels if he says them..then they MUST be true. This happened again this past Friday, of course without me present as usual. The two of them had a conversation outside. He made the boss very angry. (who was only there because he needed to pay us both, he was very ill)When the boss came back in from the "talk" they were having, he processed my check and literally threw it across my desk where I was sitting. Without a word, he left the building. I tried to call to see what was happening and he refused to take my call. I tried to text him, and got nowhere there either. So my whole weekend has been nothing but me being a nervous wreck wondering what Monday will bring and what in the world that conversation was about this time. The only response I was able to get from him, was that there were to be some "changes" made on Monday.
The stomach problems are back and I have a migraine. Yeah, I know I should look for another job..but my age and the job market for what I'm trained for leave little out there right now. Trust me, I've looked. If I could sue my co-worker, I'm at the point that I would do it in a heartbeat. His bullying and intimidation shouldn't be allowed from a legal standpoint.
So, how would you handle an employer who refuses to have documentation on employee complaints/concerns and refuses to get involved when there is a major conflict going on between two employees? This is going to get way out of hand someday, because he refuses to step in and handle it with BOTH employees. And the reason for this is...his Dad is a bully and he's afraid of retaliation outside of the workplace. His Dad has been known to not allow the grandchildren to visit, just because he's mad at his Son. THAT is the kind of man he is.
I called OSHA in July on my company and they shut down the dry fertilier plant therefore eliminating the site from storing upwards of 700 tons of feritilzer and eliminating them from being able to create any specail blends for their customers. I had been waiting on a promotion for a year and a half and in November even though I was given a good yearly review still did not recieve my promotion/raise. They continued having me do the work, and in December I had mentioned that I was going to file a retaliation claim to a couple of my co workers. On Febuary 8 I was brought into the office and told that they were transfering me to a different location with different working hours knowing full well that I had invested $8000 in the current semester of the MBA program and scheduled my classes according the hours I had been working for the last 2+years. I was under the impression that they could not force this transfer on me............the conversation got heated and I finally told them I was going to file a retaliation claim against the company at which point I was told to leave immediately and had my company property taken. I was only 6.5 hours into my workday and was given a letter the next day saying that I was suspended indefinately pending termination for not showing up that day to the new location. I responded by telling them they fired me the day earlier.........I cant seem to get any lawyers to call me back and have filed a retaliation claim wth the DLSE invetigation unit in Sacramento.......Not sure what else to do..........I knew the storm would come just not when
I am so lost...my boss is an elected official and the only info i keep getting is that since she is an elected official there is nothing that can be done. if anyone can give some more info please email me at unvdd2@yahoo.com HELP!!!
Hi!I worked for a fast food company caled Bojangles/Tands Inc in N.C. I went through their training to become a manager. (no problems)after i finnished I was placed in a rest in tarboro N.C. I was their for about 6mths (no problems) I was waiting for a new rest to be built closer to home and was to be transfered. When I got settled in the new one-the unit director started to violate company pollicies-He was caught watching porn-stealing employees time to make labor look good-made sexual remarkes towards employees. I reported this to the area supervisor. This made it worse on me. They closed the rest to air these issues(2hrs) The next day I was threated by the unit director. later he set me up and got me fired. they H.R fought my unemployment. after my esc heiring- bojangles had a investitgation at the rest-all the employees told that the ud was harrassing me and was doing bad things. He (ud) was moved to another rest. Thats IT.
Hello, this one is out of the park. Hospitalized, disabled, returned to work, would not provide accommodation for disability, disciplined for performance issues, threatened with termination and blacklisting if I complained etc etc standard ignorant bully tactics. Went off on sick leave again due to the stress worsening the disability.
I physically cannot return to that section and have requested a transfer.
They're denying it.
They want me back, they're not finished punishing me yet.
I have filed a complaint, and have every harassing conversation on tape.
Bullies are stupid, and they think everyone else is just as smart as they are.
:)
booyah!
It's a long road, but I'm going to win in the end.
They will be publicly shamed.
ps I work in a disability/health field.
pps I only wish I were kidding.
I have been bullied and sexually harassed by a coworker that I have repeatedly turned in for policy violations and falsification of documentation on cGmp documents viewed by FDA and other regulating agencies. This has abuse has been occurring for many years. I recently reported retaliation to a corrupt HR. She spoke to an individual who was supporting my claim and told the individual "she's claiming retaliation but it can be seen as her retaliating against him for sething he said two years ago".Really! He is a HABITUAL FALSIFIER! By the way what he told me was to suck his d*ck. We are a quality department. I can not believe the culture is SO bad this can happen. I will seek justice for myself, others who have been wrongfully treated or terminated and for those who depend on our quality with their lives. Justice for all!
I WAS HOUSEKEEPER,MY BOSS SEE MY PERFOMANCE HER GIVE ME SUPERVISOR.THEN SOME PEOPLE TREATED ME VERY BAD,THE FIRST BOSS I WAS WORKING QUIET.NOW IM WORKING THE NEW BOSS HER AND HIS COWORKER TELL ME THE DONT LIKE BLACK PEOPLE THEM IM BACK AND IM NOT AMERICAIN,I DONT HAVE TO TELL WHAT HORRIBLE RACE DISCRIMANATION.EVERYTIMES I COMING HOME I CRIE THAS THE ONLY JOB I HAVE NOW I TRY TO DO MY SEACH WHY I HAVE TO DO!
Recently my boss made a comment about adjusting our hours (editing our time) so that we aren't working overtime. This raised a red flag to me so I printed a copy of my hours worked and on the next payday noticed that i was not paid for my hours of overtime although i had clearly accrued them.
When i asked whether or not she was planning on paying our overtime she said that she had "just forgotten" to add them in.
The next day I was told that she was reducing my hours with no real explanation of wrongdoing. And being that it is a tiny company (3 employees) and no one else's hours were reduced, im just wondering if i should consider this retalation.
Can anyone offer advice or information?!?!?
Hi, I work as accountant and my husband also works in same company but in customer service department. Company suspened me for passing a confidential information to my husband who is also an employee of the company and my husband passed it on to other employees in customer service. Allegations on me were made on assumptions. customer service team assumed it that it is me who leaked confidentinal information. I work in accounts but not in that particular department (confidential information leaked department).They called both us for investigory meeting and other people who made this allegations on us. Company found out that it was not me who leaked information. Information was leaked from other source. They now has asked me to join back. and they will also give me in writting that we (me & husband) are innocent. I am feeling very insulted and picked. Supension was unfair to me. I am very stressed because of this.
Company took action against us on someone's assumptions. Was it right/wrong?
Please give me advice if i have case against them. i am also consulting few solicitors to take advice on it.
I was taken by ambulance twice and subsequently hospitalized because they were concerned I might be on the verge of having a stroke. I had a horrible migraine-type headache, my blood pressure which has been normal to low normal all my life suddenly skyrocketed (at one point it was 200+/100+), and I was close to passing out several times. While I was in the hospital on a heart monitor and on narcotic pain meds, I called my boss (who was supposed to also be a friend of mine) to let her know they had admitted me. I know the narcotic pain med made me a little loopy, but I have talked to numerous other people who I either spoke with by phone or in person that day, and I was NOT incoherent and almost unable to be understood. My boss told one of my coworkers two things. 1) She told her that I had called the office and that I was incoherent and almost completely unable to be understood. 2) She told this same coworker to tell her aunt (a friend of mine) to tell my husband that she thinks I am a "pill chaser". I was so angry when I found out about this that I almost turned in my resignation immediately. How DARE she make such statements! I have been being tried on numerous hormone replacements to help with menopause symptoms, and I have failed all of them--including the low-dose birth control pill that caused the migraine and started my problems with hypertension. They have tried me on several different pills--like they normally do when they are trying to find out what works to help control someones symptoms. I am not on all of those pills. As a matter of fact, I try to be on as few meds as possible, because most meds have side effects and then they try to give you something to treat the side effects. My theory--take fewer meds...have fewer side effects and keep from having to take even more meds. My question, though, is...do I have any legal recourse against my boss and/or my employer for making these comments to my coworker? It makes me wonder what else she has said about me. I know that she has talked to me about just about everyone else there, including her boss and our main boss who is a physician. Thanks for any suggestions or recommendations you might have.
I have Multiple Sclerosis a disease that eats away at the protective coating that sheilds my nerves. I am still employed, but the new Vice President has harassed me for 3 months. I have been written up 3 times, (which is my final write-up) The harassment seems to have gotten worse after I formally requested reasonable accommodations. I have been with this company for 13 years, so you would think they would accommodate me. Its not like I'm asking them to install a elevator, just need my work load reduced, the owner said he could not accept my request, and he said "what if all my employees had MULTIPLE SCLEROSIS?" They too have written me up on hear say. I just don't know where to turn, all the extra stress from them is slowly making me relasp.
Well i am a police officer in a large south east city. I was working undercover and was hurt as i was chasing a subject with a pistol. the subject dropped the pistol and i watched it hit the floor. I lost my balance and fell on to the hard floor made of concrete. I recovered the fire arm and it was stolen but i recieved injuries to my knee. I filed a workman's comp claim and went to a doctor which worked on it and placed me on light duty. the doctor wrote that i could return to light duty work and i must have my leg elevated and to have physical therpy 3 times a week. well supervison dont see it that way. they wanted me at work from the time that i was told to be there and i was to do the physical therpy on my on time. then remarks started coming. other officers would joke and make funny of me calling me "office bitch" which didnot bother me but the supervisors would make comments like what did you come back to work just to sit around.... i feel that i am being retalitated against because i got hurt. it is not fair and not fun at all to put up with the supervisor's trying to push there power around when a doctor has said what you can and can't do. now i am waiting on the results of an MRI cause my knee is not getting better. i feel so depressed and just want to get back so i can work and provide for my family. I have been a police officer for 18 years i don't like sitting around i have always been foot officer and worked but this treatment is getting to me.
I understand your concerns, I've been there too.
I don't agree that one should "Suck it up" if the situation is as dire as more of these horror stories. A lot of you are desperately asking for help, but as you can see no one is giving you answers except sharing their own stories expecting advice in return. I read the entire thread and I hardly saw any advice given.
These kinds of threads are not meant for help.
If you're situation is very bad, either stick it out to get fired (That way it may be easier to collect Unemployment) or just start filing as many applications as possible and quit while you still can. Sticking it out isn't healthy but it is important to get by. If you have money saved and you think you can stick it out long enough in case you can't receive unemployment benefits so be it. Be sure to have a plan because making excuses to stay isn't helping you. Sometimes filing reports work against you and it's usually all money talk in the end so the average joes who try to make an honest wage are the ones to get the shaft.
For me and my situation, I also had a harassing retaliative boss and co worker. I got the whole shebang, hours slashed, yelled at, responsibilities taken away they lied about me not doing my job despite I did work and customers saw it. Customers complained but the bosses didn't care. The whole thing. I was tempted to file a report, but I didn't because I'm only 22, I have no money for a lawyer and it just isn't worth it. If it was a big company, I'd have more protection. I worked for a small business and small unknown businesses have an easier time to mistreat their employees.
So if you're looking for instant advice or help here, this is really not the place, except for sharing your situation and empathizing with those sharing your experiences. If you want help, seek therapy, email a lawyer or call the department of labor and ask what you're entitled to due to your situation.
I'd recommend you don't suck it up and continue working where you're miserable because that makes your situation worse.
The company that I worked for was a horrible place for me. I am an Italian Male. When I first started working there the manager came over to where I was working and made a comment "That Italians were dirty, and were no good." but being so hard for me to find work, I bit my tongue. The big problem was my supervisor she told the people that I worked with, that I was stupid and that I couldn't count and would always go around calling out golden fagot she even grabbed my but 3 times. For months she would constantly put me down and spread rumors about me. That everything that I do I do wrong. Then one day while I was working I was talking to somebody and having a laugh, she came over and pushed me aside and said that I wasn't working. So I just stepped back and let her do her thing, then the same day she had the audacity to call me low class. That was it for me I could not take it anymore, so I went to the person in H.R. and told her what was happening on the floor. The harassment stopped from that supervisor for a while but didn't stop completely it just shifted now I would be called names by someone in the company that has been there since the company started and this person is a tough guy. He would call me names like moron, idiot, and even said I looked like a crackhead. I didn't understand why the people with the power in the company would always have it out for me. I would give everyone there the respect one deserves, and try to be nice and courteous to everyone equally. After all of this there was a younger kid that started with the company and he was working with the person that was with the company the longest. This younger kid was a trouble maker, he would always call me old man (i'm 33 and he is 19) this kid would play to much spraying me with the water hose when I would be cleaning the machine I used. I was a filler in a cosmetics company, so things always had to be cleaned well, and gloves and hair net or hat were to be worn at all times. Well this young kid started a lie about me and he and the other one were trying to get me fired. So the guy that has been there the longest was threatening me with violence. So I went to the manager and he told me he doesn't want to hear it. So I went to the owner who told me he would handle it since the manager wouldn't. So I went about my day and finished my work. The next day I went about my day and did my work come the end of the day the owners son called me into the office and told me that my services were no longer needed.
MY boss hired me, promised to put me on the schedule repeatedly, (I only was actually scheduled once in order to fill ou the "hired" paperwork and do some other employees hair, which I recieved top points for doing well).
Even though I was told I was being put on the schedule I NEVER was...yet even when I walked over to the place to ask for my schedule I was told, "Be patient" and then this lame excuse, "Sorry, we hired more girls then we have stations for" (yet they only rotate people on the stations and no one works a fixed station so this isn't even close to a good reason for not having me scheduled. Plus, I happen to be the ONLY women over 40 they have there, everyone else is in their 20's. I am very sure I am being discriminated agaisnt for my age. And when I complained to them that I was going to have to quit due to them misleading me that I have a job, they didn't even have the class to respond to my email or say one word of apology.
Is it really ok for people to treat someone like this?
I lost an ENTIRE MONTH being promised work that NEVER came! Now I am financially hurting AND they never responded to my emails so where does this put me?
I think these people are total dirtbags.
They misled me, (repeatedly!) and I was never fired. They just wanted me to quit so they can't be charged with age discrimination maybe?
This is such bs!
Hello
I was terminated from my job. I had signed a non compete non disclosure agreement with them. I went to file for unemployment and I was denied because my employer had told them that I quit. I went through the hearing process and I have them on record. Now this is where it get interesting I recorded the conversation when I got terminated proving my case. I also found out that my employer is bad mouthing me so getting a job has been hard to get because of his retaliatory approach. Tomorrow I'm going to a friend of mine who owns a business and I'm going to use Trunk call to record the conversation. I plan on taking my evidence to the DA for his purgery at the hearing then sue him in civil case for defimation and retalitory practice. Do you have any advice?
Kind Regards
After watching my supervisor bullied out by her misogynst boss, and then my co-worker bullied out because she ignored her supervisor's sexual advances, I stepped up when it was about to happen again. Human Resources acted because the complaint was written, did an investigation, and it just so happened that during that time one of the men I complained about referred to me during a staff meeting as an "old bitch". I wasn't present, but the staff who attended told me about it. I complained to HR. The director's reply to me was, "Well, he's no longer managing [facilities]." It was said in such a way that it was shaming, as if I should feel bad for the guy. Nothing happened to the other two men who were responsible for nurturing a hostile work environment. They are still in the line of authority. I never received an apology. I'm two years from retirement. My career has been in one area of mental health for almost 30 years. I've never received a bad performance eval. I've been independent in my position since hire almost two years ago. But after I stepped up to protect yet another woman from being harrassed out of her job, I became the target. Now I'm micro-managed, two and three supervisions per week. I was given an office in an unfinished basement with no heat. I live in New England. The floor of the office is concrete and unpainted. An area rug was thrown over it. The office is lit with a single bulb and there is no cover over it. The company I work for is huge and no one has an office such as mine. Because I'm salaried ($55,000) I'm expected to work until I complete deadlines even though I'm being blocked from completing them, e.g., documentation can't be done without consistent connection with the company server and without access to a computer. Ninety percent of my job is documentation. I am an administrator and yet I've been disempowered, told to stop communicating with so much transparency with my clients' supports (who have to be on the same page as the treatment team if our work is to be effective), my hours changed to prevent contact with clients, my office site moved forty miles from my home, and my gas bill has quadrupled. This week I hired a lawyer. She represented the first woman I referred to at the beginning of my story, and helped her to settle out of court. The lawyer charges $4000 through to our first court date if that's the way it goes. I've just barely managed to make the deadline the EEOC allows for complaints, which I didn't know about or I would have filed a claim much earlier. I was just trying to make it work. I have a rare disorder that is made much worse by stress. It's all I can do to hang in there. I can barely swallow when I have a supervision. But if I quit it will impact my retirement. I could not get another job at my current salary and perhaps not even in my field. I have to see this through. I wish you all the best of luck, and I thank you for allowing me this forum to talk about my experience.
I was working for a company as a lead tech, company was not providing PPE for my workers and I asked repedetly over 2 months to get the PPE that is company provided per the contract we signed, I had to go to the Century Link Supervisor and ask him for the PPE and he sent an email all the way to corporate, and then I was marked as a bad guy, repedetly harassed, the company suspended me saying I never sent in my vehicle insurance, I have proof I sent it in 3 times, then all of a sudden they found it and reinstated me, then 1 week later after a discussion with my supervisor I was Terminated the next day saying I was handing out pamphlets for another company, which I wasn't but that is the reason I was terminated, so I filled unemployment and my unemployment is in limbo seeking adjunction because my old company sent in falsified emails stating I wanted to get laid off to get unemployment, what can I do about this?
I work at Subway in NC, I just moved from up north. I was hired at subway to work 38-40 hours a week as a replacement for this pregnant woman. Well she came back and I was cut down to 32 hours. Which is fine, but ever since my boss chris has had this crush on my co-worker, he starting to give her all of my hours. I went from 32-22-19-18 and now im at 14 hours a week. Ive gone to him twice to talk about my hours and all he does is give me bogus answers. Also its kinda francise wide that nobody can have perfect 100's on evaluations, because the waste of the store is so high, so everybody is supposed to get taken off for that, but the girl my manager has a crush on- Rachel, always gets perfect hundreds and she is treated way better than the rest of us and always gets promotions. I filed with the EEOC 2 days ago, im just wondering how long this investigations going to take.
i wanted to know if it's legal for a workplace to cut ones hours because one employer says she doesn't want me to work the days she does ?
I got sick back in January with bronchitis which after 1 week became pneumonia, I called in sick for the first week and 2 days the second week and saw my doctor during all of this and was told to stay home and take narcotic cought syrup and antibiotics. Now being a truck driver I called in sick to my employer using the STAA(surface transportation assistance act) which is designed to protect me from having to work(drive) a commercial vehicle but instead when I returned to work I was fired.
I immediately called OSHA and filed a complaint and they are investigating, I need to point out that on the morning of the day I was fired I contacted my human resources and asked for FMLA paperwork as my physician asked for me to get it and he would fill it out to cover my butt and H/R told me sure we will send that out today but H/R had already spoken to my supervisor and knew I would be terminated so I never got the paperwork. I did get my own paperwork and had the doctor fill it out and now my union is taking the company to arbitration and OSAH is going after the company too and after this is all done I will hire my own attorney and sue this employer for as much as I can get from these bastards, they have turned my world upside down and put me into to a position I never thought I would ever be in and I WILL take it out of their asses that I promise.
what can I do? My boss has two favorites. There is only 5 people in my dept. I have had boxes thrown down a flight of stairs at me because the girl didn't want to push them down the stairs so i could palletize them. This was her job to do. Any way I was heading upstairs to help her and the next thing I know boxes weighing 50 lb or more come down at me. I reported this, even sent the asst.Manager of the warehouse a email. I ask them now to say anything to her because I knew I would be in big trouble if I persued it. Even tho I did this, you would of thought they would of terminated her for this, but I'm sure our boss stood up for her.(thats why i didn't push this. This same girl is by back up, I do systems and other duties. I was on break one morning and I asnwered my radio and said I was breaking but would be there in minutes, I tried to call my back up and she didn't answer. I left the break room and called support and while I was doing this my boss came to the break room looking for me so there for I was in trouble. I complained to the asst.DC manager and the next thing I know I was told the only time my backup was to help me is when I basically wasnt there. I was also told in a meeting the following week that If I had a system problem I had to leave my lunch or break and take care of the problem. I'm an hourly employee not salaried. This happens on a frequent daily basis. To many other problems to mention here, What can I do. I'm a single grandmother that can't afford to lose my job. I have been living in depression over all this for 8 years and it has taken its toll on my health in more ways than one.
I was discriminated against and I did nothing and will never do anything. In my line of work all that would do is fuck me over worse. I'd never find real work again. Right now my boss knows I'm disabled from my last boss and pokes fun at me but I just need to have a job. I don't even think I am competent because of my meds but I don't know what else to do besides go work at McDonalds or something... My student debt is astronomical.
Very very bully in nature there.. !! Beware !!
I have a question about retaliation after filing a complaint with Compliance. I was recently discussing some problems where I work with a co-worker who had been there longer than me. He in turn asked his boss and the boss said he should report that to compliance and to tell whomever he heard it from to call them too. I refuse and several days later he told me that HR as well as the company attorney approached him to disclose my name. Eventually he did claiming they threatened his job. When they called me into the meeting I was told they were given an anonymous tip that I had concerns. Of course I told them, but can they legally do that to him? And, what happens to me? The compliance rep told me no one else will know, and I am a top employee. I'm still afraid.
I worked as a temp for this company and their is a perm employee that works their whos always making little remarks about the temps that they dont have any rights and that she could get them fired so thats what happen to me she did not like me and she told the boss that i have been picking on her and thats a lie she said that the boss would take her side and believe everything she said so the boss did not want to hear my side of the story and wronfully fired me for something i did not do i felt discriminated.
What you people need in your work place is a Union. :) These things will not happen if you have representation.
im mother of 3 and have teenagers and a 5 year old we live just outside selkirk manitoba and iv resently been fired. i work with people with disabilities and at this job i was there 1 year. the people we look after are just like you and me there young boys that just arent ready to be on there own most have just turned 18 and lived in cfs. some have fetal alcohal sindrem. and 2 our with scitsafrena. and 6 months ago i picked up one of the boys from a home visit he asked me for a smoke and to bye him a coffe i told him he just had a pack and needs to learn to save his smokes and that i cant afford to give him smokes all the time and said no to the coffee so when we got back to the unit he called my boss and told her that i layed in his bed one day and was touching his feet with mine. i then got suspended from work with pay for a week then got called in to the office and told that they found out these things were not true but id be on 6 months probation because of the survarity of the insident. i was a little upset cause i didnt do anything. i thought why do i get ponised. but i still had my job so i went back to work. then my 6 months reviwe was done and it took me by surprise because i was offten told that i was the best worker and i really did work hard i never sat and watched tv like everyone else. and at the review i was 100 % on everything but the way i work with the other staff and i thought i got alone with everyone. i really had no idea that staff were saying things bad about the way i was towords them. my nature is i joke around alot but dont mean any harm but some of the staff were thinking i was serius so i went around to all the staff members and said i was sorry i really never ment to cause anyone to be uncomforable but at first no one would tell me how and what i was doing .. meaning they wouldn't explain a situation that i did so i could try to understand and change the way i am.. so from then i tried as hard as i could to always smile and make small talk with all the staff members because before i would either clean or id be hanging with the boys talking or teaching then different way to cook... ext ... then 1 month ago my superviser asked if id train a staff member i said yes this was on a saturday day shift 8 am till 4 pm.. the boys slept till 10 ish am then we were cleaning the house i said to the boys if they helped with cleaning the house quick wed go for a ride maybe go to the park or wash the car and go for slurpies .. my treat. the staff i was training said she was going to the other unit because shed be working there most of the time so im not her boss so i said ya i guess so then me and boys went out we were back at 1 pm and we left at 11;30 am and the staff member i was training left before we did to the other unit. when me and the boys got back we watched a movie and didnt see the other staff member till almost 4 pm... come monday morning my boss was yelling at me and i said hold it ... thats not the way it happened .. this staff member and one of our team leaders made this big story that made me look pretty bad so i asked the suerviser if we could all meet together she said yes then we did on that Monday.. they made it out like i left the new staff member alone in the house and she chose to go to another unit because she didn't know what to do and also said that i left all day that i was gone for 6 hours but both team lead and new staff said this but the truth came out so they were caught in a lie. then life went on .. all of a sudden 2 weeks later i just got home from work it was on a friday i get a phone call saying that im being put on suepention for kissing a resident on top of this head and giving one the the boys a message.. all i could do was cry i then asked what day that i was to have done this.. surprise surprise it was the saturday that stuff all hapened happened 2 wekks ago .... the end resalt on this suspention wasnt given to me for 2 weeks and i got fired the big boss also told me that they asked the resident if this had happened he told them that it wasnt true. so really the person she said i did this too told them it dint happen and i still got fired. over the phone and 2 weeks from then i got sent away with the 2 weeks suspention pay and reverence pay of 500 bucks .... please help i am so sad about this i loved my job and would do anything to get it back but now that Ive been put trough this i don't even know if ill ever be able to work in this area again cause of the new rule that came into affect march 1 that anyone's that's been investigated it will go on there record and don't matter if there inncent or not ... im a good person im a little out spoken at times but i try to help anyone who needs and im load anywhere i go you'll hear me but over all i have a good heart... if someone knows what i can do could you please give me a call 1-204-955-2490 thank you very much for reading my story everyone have a great day
who said UNION have right, but only if they have a bargain with the state you living it. and i don`t think you want to live in alabama!!!at last you are an african-american. i read all the stories, just horible, when you think that nobody there to protect you, you are just a slave, EEOC=a jock.was funny somebody that ask how much will take to have an answer(if positive!)from EEOC. i tell you, in one year maybe you see something in better, but this not mean they will protect your job. whay everybody talk and don`t do something about it?!the big diference and the worst thing is that all this employers have alot of money for pay attorneys and they don`t care about you, or you, or you...who many of you make a lawsuit against them?how many lawyers look at you?to shut up is the best thing, but sometime, you can`t. to find ather job=ok, but sometimes, nothing better to find!and your age and your children and your... stres...etc...i think the bigest problem, we are that we just talk and don`t take action, together, don`t be just..ME, to be ..WE together. usualy when show up a proble the first reaction is to judge the person, not to understand this person, like a person is just an object, not a human bean. what we can do biside to tell our real-sad story and cry inside of us, and be angree frustated or what ever ?! i fiel with EEOC, one year ago, and where i am? i tell you wors(with anather employee) and i`m very depres and who cares?! maybe you should ask your self what do this country for you,like a human bean (not like a tax-payer), biside what this country want to do for her. my points is , the goverment should take action first, but you know the goverments is=we the peoples, so... start somewhere. if every unhappy employee will write a letter to the president, or to his governor, should work something in better.
sherry 2 years ago
I work w/ a very unpleasant woman. She is always whispering or yelling things to people. Like "Do your job and you won't be told on." Or "Take a look in the mirror darlin." She has told me that one other employee told everyone I was crazy. She implies that some women are having affairs w/ male co-workers they talk to. But she talks to everyone who goes by her desk. She once threatened (when I was asked to help in another dept by a command officer) "If she thinks we gave her a hard time when she came down here before, just wait until she comes back down this time." She says some things very loud while she is on the phone or talking to someone at her desk and the rest of the time she is whispering. One time she was whispering w/ a command officer on the phone and he said she should stop talking to him because they will scare me. She repeated it and told me who she was talking to and I replied "Why would I be scared, I did nothing wrong." I complained about her to my boss and the next thing I know, another command officer is teasing me. I would tell someone I was allright when they asked if I wanted to sit in another spot at lunch, he would ask in front of everyone "Are you?" Very sarcastically. Then he would stare at me upon exiting or entering his office. I would look behind me because he stared at me so long. When I turned around he would just be standing there staring at me. I work very hard. I only take my lunches, I do not take my morning or afternoon break. This woman who creates a hostile work environment not just for me but for others too can do whatever she wants. She makes her own hours, says whatever she wants and no one can complain because she is friends w/ a very important command officer. I went to HR and things got worse for me. I had complained to my boss and he told me not to overreact. Everyone treated me like I was a traitor. A poster about the EEOC