What is Workplace Retaliation? (and why are employers so afraid of it?)
90Your 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?
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