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I was suspended from work on 4/12/2012 on an incident that

 
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  • Answered by:AttorneyJohnJ
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Customer Question

I was suspended from work on 4/12/2012 on an incident that occurred 3/28/2012. it was stated to me on 4/12/2012 I misused my supervisory position and created an environment where two employees felt harassment, intimidation, hostility and in fear of their lives. In addition they filed a police report on me, because they stated when I went to the employees apartment to help her with writing a correct statement. I got into a verbal conforntation, had to be separated and I threaten use of a firearm-this is not ture. I do not understand if these employees were in such fear why did the company continued to have me work with them, plus do one of their annual evaluation's. I would think the corporation since they were aware of these allegations on 3/29/2012 would have suspended me at that time and fired me. Also to date every police record department I spoke to could not find any report on me, nor could my HR department give me an event number. I was terminated 4/19/2012.

 

Optional Information:
State/Country relating to question: Florida

Already Tried:
I tired 3 lawyers and I guess it is about esay money? I went to all county police departments-no report found, and my grievance was denied.

Submitted: 286 days and 11 hours ago.
Category: Employment Law
Value: $59
Status: CLOSED

Accepted Answer

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Expert:  AttorneyJohnJ replied 286 days and 11 hours ago.


AttorneyJohnJ :

Hello, I am a professional here to assist you. I appreciate your use of this service.

AttorneyJohnJ :

Before we get started I would like to provide a brief explanation of how this system works.

AttorneyJohnJ :

In essence, when we are done you will leave a rating for my answer.

AttorneyJohnJ :

I only receive credit for assisting you if you leave a positive rating. The rating only applies to my answer. In some situations I will supply accurate legal information to customers who feel that information is "bad news." Please do not hold me accountable if the information provided was not what you were hoping to hear. We answer questions relying on an honor system with the hope that customers will do the rights thing and provide a positive rating so that we are credited for your work.

AttorneyJohnJ :

I see that you feel false allegations were made by employees to your employer.

AttorneyJohnJ :

Is that correct?

AttorneyJohnJ :

I see you have joined me? Please read what I have already posted and let me know when you are done.

AttorneyJohnJ :

Are you with me?

Customer :

yes

yes

AttorneyJohnJ :

Great

AttorneyJohnJ :

Did you have an Employment Contract?

Customer :

no

AttorneyJohnJ :

Are you asking about recourse as to the employees who made a false statement or as to the employer?

Customer :

Do I have a case?

I am asking about both? In addition under Florida's new law for misconduct I was denied unemployment.

AttorneyJohnJ :

I will presume this is at-will employment because you do not mention an employment contract. In at-will employment, the employer can terminate the employee for no reason or almost any reason.

AttorneyJohnJ :

There are exceptions such as when discrimination is involved.

AttorneyJohnJ :

Federal and state law prohibit only certain groups from discrimination. For example, race, gender, and religion are protected groups.i

Customer :

I already know that. I feel so helpless because I feel everyone knew about the situation and waited until the program director came back from loa. The person who was in charge I feel she did not like me because I was white?

AttorneyJohnJ :

I see.

AttorneyJohnJ :

Race discrimination can occur against caucasian persons.

AttorneyJohnJ :

Let me provide some information and those complaints.

Customer :

In addition I feel these African American ladies used my sexuality against me.

AttorneyJohnJ :

I see.

Customer :

Truly it is a long story. I really want a lawyer to read all my documentation, and I still have all texts saved.

AttorneyJohnJ :


Federal law provides protections for certain "classes" of persons from employment discrimination. Those laws do not protect against all practices which seem unfair, rather it is only a discriminatory act against a specific class of persons which is prohibited. Here are those protected groups:
•Age•
Disability
•Equal Pay/Compensation
•Genetic Information
•National Origin
•Pregnancy
•Race/Color
•Religion
•Retaliation
•Sex
•Sexual Harassment

If you believe that discrimination was a motivation in the employer's, then you may want to consider pursuing a claim with the US Equal Employment Opportunity Commission or EEOC. If you fail to file a complaint with the EEOC timely, then you may be barred from pursuing a civil suit later. The deadline can be as short as 180 days from the last discriminatory act. You may file a complaint by going to the following link:
http://www.eeoc.gov/employees/charge.cfm

Customer :

Yes I realize all of this, yet it appears many do not want the case and I know it is a Right to Work state. I thank you for you time, do you practice in Florida?

AttorneyJohnJ :

As to the employees, when a false statement of fact is made to a third party the victim can pursue a defamation claim in civil court.

AttorneyJohnJ :

Right to work state is a term used to describe a worker's right to work for an employer and not join a union.

AttorneyJohnJ :

It is often misunderstood.

AttorneyJohnJ :

If there is a discrimination claim, an EEOC complaint is a prerequisite to filing suit.

AttorneyJohnJ :

Often an attorney will not accept a case until the EEOC process has concluded.

Customer :

I think Florida is way behind in the times, and all rights are for the employer!

AttorneyJohnJ :

With that rating I receive no credit for assisting you.

AttorneyJohnJ :

I hope you will reconsider for my time and effort I have invested.

AttorneyJohnJ :

The "helped a little" language is confusing and the site is in the process of removing it.

AttorneyJohnJ :

I need a positive rating in order to be credited with helping you otherwise only the site is paid.

AttorneyJohnJ :

Do you understand that if discrimination is involved, it is typically easier to obtain an attorney after the EEOC process has concluded?

Customer :

Hi JohnJ, I looked up all laws in Florida-You just confirmed the answers. thank you! I see not good aye?

Customer :

Expert TypeEmployment Lawyer
Category: Employment Law
Pos. Feedback: 97.1 %
Accepts: 2417
Answered: 6/28/2012

Experience: Government and private sector employment law experience

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Expert:  AttorneyJohnJ replied 282 days and 6 hours ago.

Thank you so much for allowing me to assist you.

Please let me know if you need any other assistance. Thank you for leaving me a positive rating and ensuring that I receive credit for assisting you.

Thank you again

 
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