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N Cal Atty
N Cal Atty, Attorney
Category: California Employment Law
Satisfied Customers: 8155
Experience:  Since 1983
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Hello my name is xxxx,

Customer Question

Hello my name is xxxxx                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    , I'm not sure if this is a labor board question or not, But I am not sure were to go for help, so I will start here. I was called into a room by my supervisor, and HR. This was about shoes I wore on Aug 25th. I am 51 years old and have been in banking for over 20 years now. My shoes had a 1" heel and they were flat. I am well aware of or dress code, and was taken aback when my sup told me they were inappropriate. She said I had to go home. I went to a store and bought new ones hoping these were ok. I did not want to leave our teller line as were a so short handed. Fri Sept 1 my co-worker was told her heels were to high, But instead of Telling her she had to go home they joked about it a little, and that was the end of it. I asked why the she was not asked to go home. I got now answer except my sup told me I was to meet her & xxxx xxxxx HR) in the back at 10:00. I was yelled at told to resign amongs other terrible things. I started to cry (and I am Hypoglycemic ) and started to have an attack. I barely remember what else she was saying to me Except to notice they had me closed in this room. I started to panic but she continued to yell at me. I tryed to get to the door, but she grabbed my arm and pushed me into the chair closes to the door. At that point I was crying uncontrolably but she kept yelling at me that I was going nowhere if I did not get control. I don't even know who opened the door I let me out. The next thing I know I am in xxxxxx  xxxxxx HR, and I could her xxxxxxx xxxxxx telling someone to leave the door open so she thinks she can leave at anytime. EMS came because I was so upset I clawed my wrist. They called my husband. I sorry this is a long story. To make it shorter I ended up in the ER, With a mental healthcare person and the ER Doc. They said I was not to go back there, and took me off work for a week. I am to see me regular doc Sept 6. I don't know what to do. I have Fibromyalgia, so where xxxxx xxxxx Grabbed my arm, I can bearly use it right now. If You can point me in the right direction. Thank you for your Time

(edited for privacy)
Submitted: 3 years ago.
Category: California Employment Law
Expert:  N Cal Atty replied 3 years ago.
I'm sorry to hear this.

What town did this happen in?
Customer: replied 3 years ago.
Ukiah California
Expert:  N Cal Atty replied 3 years ago.
My opinion is that you have claims for battery and false imprisonment.

You can get a free consultation from some of the employment lawyers listed at
http://lawyers.findlaw.com/lawyer/lawyer_dir/search/jsp/stdSearch_process.jsp?refinedSearchBox=1&keyword=Employment+Law+--+Employee&location=Ukiah%2C+California&x=92&y=12

I urge you to follow up on this with a local attorney.
Customer: replied 3 years ago.
I Thank You So Much for your help. I am just a blue collar worker & have never been faced with something like this. I have been contacted by a local atty. He said the same thing that you have. I Just don't want to lose my job. I am 1 month away from being fully vested and have worked very hard. Unfortunately she also threatened me with my up coming review, even though I have a perfect balance record, and never have been late 1 time in 6 years, and she that I am in some trouble about that as well because I am always early. Just don't get it. But Again Thank you so very much for your help. C R XXXXX@XXXXXX.XXX
Expert:  N Cal Atty replied 3 years ago.
Do you have any idea why they are mistreating you?
Customer: replied 3 years ago.
No. I have been trying to figure that out. years ago The bank tryed to make me use my truck to deliver there work across town, after they got rid of our licensed couriers to save money, which I have never seen a bank do before. I told her I was not comfortable delivering Important documents being a teller. I am a teller and did not feel safe about this. I handle alot of money, and are face to face with the public. I was told by The same person, HR Tina Rader that I had to. I called the labor board and asked them. She told me that, Yes they can make me us my truck, and not pay for gas. However it had to be in agreement between employee & employer. I had to go to her office & I told her the imformation that I had received. So she said we would put it on the shelf. From then on she has harrassed me about anything. Talking to my co-workers, she told me I could not talk to them about anything that was said about anything? I am very carefull around her because I have seen what she has done to my co-workers, and I don't want to lose my job. But we talk about our mutual love for our dogs. She has commented on how profesional that I dress. One day she is okay, and the next she won't say anything. I don't know what I have done, aside from saying to my supervisor that I did not understand what was wrong with these shoes. I am not the only one that is being harrassed by her. This has been going on for a very long time. I guess its because I am 51 and unlike the others that she has been going after are young girls and havn't been around as long as I have, and feel they have no rights, and they just quit 3 weeks ago. I don't want to lose my job. I think she just hates me. Her actions on Sept 1, 2011 seem to confirm that. As The 2 attys that I have talked to both today, and on Mon, have told me I did not do anything wrong to warrent being physically held in a room. I wish I knew what I did. I really don't think it will make a difference with Tina. If she hates you then she will try to force you to quit, and that is exactly what the was yelling at me in that room. I just want to go back to work and be safe while I am there. C
Expert:  N Cal Atty replied 3 years ago.
This may be in violation of the ADEA, see
http://www.eeoc.gov/facts/age.html

I urge you to follow up on this with a local attorney.

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