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Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
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My manager became angry with me and spat in my face in front

Resolved Question:

My manager became angry with me and spat in my face in front of witnesses. Nothing was done about his behavior. When I complained I was told I had to take an anger management class, at my own expense. I did so and was advised by a new manager that I did not have to take further classes after a few weeks. However, within a couple of weeks I was told by Human Resources that they did not like the psycholigist who performed my therapy and wanted for me to go to a doctor they selected. When I advised my direct supervisor that the manager told me that I could stop taking the classes, my direct supervisor fired me on the spot. Do I have any legal recourse?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Jane Doe Deer replied 3 years ago.

Jane Doe Deer :

Thank you for contacting Just Answer. I look forward to assisting you. If you started this question in “chat” mode I may have switched you to “question and answer.” I sometimes have technical problems getting “chat” to work for me, plus it’s hard to read and write in that mode.


 


While we write back and forth, please keep in mind that I do not know what you already know or don’t know, or with what you need help, unless you tell me. Sometimes I’m unable to read your entire question until AFTER I write back to you.


 



Although it’s usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.


 


I need the following information before I can answer your question:


 


Can you please tell me approximately how many employees the employer has? (Just want to know if it's at least 15). When did this happen (the spitting)? What does your therapy have to do with your job, and why did the employer know you were seeing a therapist?

By the way, I'm a WA State licensed attorney, but work here using a pseudonym. I'm in Pierce County. It's always a special pleasure for me to help someone else from WA!



 


I'll look forward to hearing from you,


 


Jane Doe Deer


Jane Doe Deer :

Are you there? I see that you're "standing by."

Customer: replied 3 years ago.

My employer was an international defense contractor - The contract I was working under employed approximately 300 + people.

 

It happened in October 2010

 

My employer required me to see a therapist or I would be terminated. When I stopped the therapy they received a report from my therapist. They did not like his results and then required me to see a therapist of their choosing. Had I not complied with their directives I would have been fired.

 

Just for clarification, I live in Washington DC - does that present a problem for you?

 

I have friends in Seattle - Washington State is beautiful.

Expert:  Jane Doe Deer replied 3 years ago.

No, D.C. is not a problem at all. And yes, it's beautiful here. I don't know how folks on the east coast can stand all the traffic and people! I live in a remote, rural area, and go to Seattle no more than once or twice a year.

 

In regards XXXXX XXXXX in your face, there may still be time to file a police report for assault. If the police don't want to take the report five months later, you may want to try talking with a criminal prosecutor. I'm afraid, however, that as a criminal matter, this would be consider a very minor assault, and that would be the case with a civil matter as well.

 

Depending entirely on all the other factors involved, you may have a claim for disability discrimination. You need to act right away if you want to file an Equal Employment Opportunity Commission (EEOC) complaint, since (I think) the deadline is 180 days from the most recent discrimination.

 

You can contact the EEOC here: http://www.eeoc.gov/ (there's a ton of great information at this website!).

 

You may also want to talk with a couple of employment attorneys, in person - someone with at least five years of experience.

 

Here is one place to look: http://www.dcbar.org/for_the_public/working_with_lawyers/find.cfm

 

Here is another, in Maryland:

 

http://www.nela.org/NELA/index.cfm?event=showPage&pg=Maryland

 

Don't actually HIRE an attorney without first checking references. And don't try to pick the attorney's brain on the phone. Schedule an appointment and visit the office, like you would for a doctor!

 

Disability discrimination cases can be brought not only for discrimination against a person for a disability, but also if the employer thinks someone has a disability and treats him or her badly for that reason, even if the employer is mistaken.

 

If there is still time for EEOC to take a complaint, file one. Filing a complaint with EEOC, and, if you don't settle the matter first, obtaining a "Right to Sue" letter, is a mandatory prerequisite for filing in federal court.

 

(If you worked in one of the states near DC, file a complaint with the discrimination agency for that state, and ask the agency to automatically file a complaint with EEOC on your behalf). Again, time is of the essence.)

 

Meanwhile, I hope that you are able to find another job. A court will expect you to mitigate damages by doing your best to find another job, and it will be helpful to have records of your efforts.

 

In addition, before you go see an attorney, or contact a state or federal agency, it would be helpful if you would write out a chronology of major events in your work history. Start with the date you applied, include your hire date, dates of all evaluations, and dates of all other significant events. Don't make it a book - just a list of dates, followed by one sentence describing the event. Keep in mind that whatever you write out can be used as evidence for and against you, so make sure it's accurate, and put the date that you wrote out the chronology on the document.

 

I'll be happy to write some more if you have some more questions. I work from home, so please expect a few breaks here and there as I do my household chores, etc.

 

My very best,

 

Jane

 

 

Customer: replied 3 years ago.
Is it possible for me to file an assault and batter action against the defense contractor of their general manager (who is the one who spat on me) Is it possible for me to file a suit for harrassment or something like toxic workplace conditions. I read about toxic workplace conditions but I am not certain what they mean.
Expert:  Jane Doe Deer replied 3 years ago.

A criminal complaint for assault can only be filed against the individual, unless I'm mistaken.

 

A civil complaint for assault can include the employer.

 

"Harrassment" that can sued upon usually has to stem from some type of discrimination, so yes.

 

This is not a lawsuit you're likely to win filing on your own, since you'll be up against big guns (pun intended) and big attorneys. Get your own big attorney, from a large firm, with lots of resources, if you can.

 

One lawsuit can be filed against multiple defendants. Moreover, one lawsuit can include many separate issues, as long as you have evidence to prove each issue. So, you can sue five defendants for ten different reasons (or whatever).

 

Does that help? I'm about to take a 15 minute break.

 

My best,

 

Jane

Customer: replied 3 years ago.

Yes. this helps.

 

Do you guys recommend good attorneys in the Washington DC area.

Expert:  Jane Doe Deer replied 3 years ago.

No, I'm afraid we can't recommend individual attorneys, just organizations where you may find them.

 

Just be sure to check references. Ask questions such as, does the attorney return phone calls? Do a good job? Have invoices that are understandable? Would you recommend the attorney?

 

 

Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
Jane Doe Deer and 7 other Employment Law Specialists are ready to help you

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Jane Doe Deer
Jane Doe Deer
Attorney
963 Satisfied Customers
Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.