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LawGirl
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Category: Employment Law
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Experience:  I have practiced employment law.
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I was recently fired for an immature action (I pinched a co-workers

Resolved Question:

I was recently fired for an immature action (I pinched a co-workers backside in jest, only to find she was not amused). unfortunately for me she, the pinched, took the matter to human resources and I was fired. No verbal, written or any other kind of warning was issued.
I cannot, for sure, say I ever had noticed any notes in the building admonishing this behavior, so was rather shocked when no warnings were given. I did admit my guilt under the impression that a sincere apology would make things right but this was not the case as the complaint had moved up the chain of command quicker than everyone thought.
It is now my understanding the company has a zero tolerance stand, this I understand.
So, my question is, for the past eight years I have had to put up with racial slurs (being called ni**er on a regular basis), hanging effigies (of which I have pictures) and other things such as my tools been constantly stolen but when I complained to the shop steward nothing was ever done and I'm sure nothing was ever written! I was basically told, without it been put into sentences not to rock the boat.
There is a lot more but right now I can't think of it off the top of my head.
I know this sounds like an act of a disgruntled employee but when I was working there It was said without been said what would happen if I took it any further but now that I do not work there a weight has been lifted from my shoulders.
Submitted: 3 years ago.
Category: Employment Law
Expert:  LawGirl replied 3 years ago.

LawGirl :

I am sorry to hear about your situation. Unfortunately, you can be terminated without notice for pinching a co-worker. To bring a lawsuit at this stage of the game for conduct you suffered while employed, it very well may look like sour grapes, which is why it would behoove you to have a consult with a local employment law attorney.

LawGirl :

It sounds like your previous employer may have created a hostile work environment however generally to prove actionable discrimination you need to prove that adverse action was taken against you as a result of the discrimination, i.e. you lost a promotion or were terminated.

Customer :

As I thought, I left it too late, I should have done something about it when I was still working there. Hindsight is 20/20 I guess!

LawGirl :

That it is. However, if there are others who are subject to the treatment, you may have recourse, it is worth looking into with an attorney who can sit down with you and understand all of the facts. However, in litigation, the fact that you were terminated prior to bringing the action may be used against you.

Customer :

Unfortunately I am/was the only person of color at the place. Thanks anyway, obviously nothing can be done.

LawGirl :

I am sorry. These types of facts can be VERY difficult to prove especially when there are no witnesses to corroborate your experience.

LawGirl, Lawyer
Category: Employment Law
Satisfied Customers: 4606
Experience: I have practiced employment law.
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