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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5221
Experience:  Extensive experience representing employees and management
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I work for a tribal casino in CA, and lets just say first of

Customer Question

I work for a tribal casino in CA, and lets just say first of all our general manager has sexually harassed me, which has been reported to HR but now Tribal Gaming has suspended me for a reason that makes no sense at all. If they were to look into it they would have to suspend every single floor manager for the same thing. I feel they are trying to get rid of me instead of dealing with the other issue.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

I need a bit more information from you before I can provide you with a complete and thorough answer.

Can you tell me when you filed the sexual harassment complaint and when, after that, you were suspended?

Can you also tell me what was the reason that was given for your suspension?
Customer: replied 1 year ago.
I didn't file a formal complaint, until one of my co-workers went to HR and let them know what was happening. I was too afraid. Then when I was called in I was assured that all would be fine, that I wasn't in trouble. I forwarded all the correspondence that I had received from him that I still had. Then about 2 weeks ago I had to meet with the tribes attorney and repeat the whole thing. During this time I was hearing that my co-workers were being questioned about me, that everything I did was being watched, I went to HR and asked her what was going on, she didn't seem to know, come to find out tribal gaming went over her head.

What they said I did wrong was while I was standing and watching, a customer inserted his card into our slot machine and downloaded "freeplay", the $50 in freeplay came off of his card but did not register on the machine, I saw it with my own eyes and this happens frequently at the casino. Because I was not logged into a computer I walked over to a players club supervisor and asked him to put $50 in slot error freeplay back on the customers card as we do in every other circumstance. That is what they said I did wrong. I have never been warned, written up or anything. I have never called off of work, I work extra hours, extra shifts. The customers love me, my co-workers love me too so this has to be retaliation.
Expert:  Joseph replied 1 year ago.

Hello Jolene,

 

I agree with you entirely that this appears to be a clear cut case of retaliation, as they are suspending for a nonsensical reason so soon after you met with the tribe's attorney.

 

As what you were disciplined for happens on a regular basis and you were just subject to discipline for it (and have never been disciplined in the past), you definitely have a great case for retaliation for reporting the sexual harassment you experienced to HR. (I also agree that it makes no sense for you to have been disciplined for this, as you were doing the right thing here, and it is something that other floor managers would also do on a regular basis out of necessity).

 

I would definitely suggest that you file a complaint with the EEOC regarding the sexual harassment you were forced to endure and the retaliation that you suffered once the complaint was made to HR (even though you didn't initiate it yourself).

 

Due to the time frame between when you spoke to the tribe's attorney and when you were unfairly disciplined for this 'violation,' you have a great case for retaliation on top of your case for sexual harassment against the casino.

 

You can and should file a charge with the EEOC for sexual harassment and retaliation. You can do so using the information available online here: http://www.eeoc.gov/employees/charge.cfm

 

The EEOC will investigate your complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your case against your employer through a private attorney.

 

I hope the above information is helpful!

 

Please let me know if you have any follow up or clarifying questions, as I want to ensure your complete satisfaction with my service. Thanks and best of luck!

Expert:  Joseph replied 1 year ago.
Hello Jolene,

Please let me know if you have any follow up or clarifying questions regarding the above information.

If not, please remember to rate my answer positively so I get credit for my work!
Joseph, Lawyer
Satisfied Customers: 5221
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello,

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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Joseph
Joseph
California Employment Lawyer
5221 Satisfied Customers
Extensive experience representing employees and management