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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15695
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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my co-worker harassed me. The incident began while I was in

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my co-worker harassed me. The incident began while I was in the kitchen. Devran began speaking to me using very condescending and degrading language. I said to him “I don’t want to talk to you,” and I asked him to leave me alone. Then, he started to shout at me and used specific Turkish phrases that can be directly translated to mean “I am going to f**k you when I see you outside of work” and “Who are you? What are you going to do?”. The latter phrase was said in a very threatening way, so I walked to my manager Angela’s office to report him. She appeared to be on the phone and, after I waited for a minute or so for her conversation to end (which it did not), I walked back to Pancake Haus to continue doing my job. is this sexually harassment??
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

do you feel he has made these statements towards you due to your gender?

Customer:

exactly no but my situation actually this


June 27th, 2013


 


To the Quintstar Management Department of Human Resources,


 


I am writing this letter to complain about an unfortunate incident that recently happened to me while I was working at the Pancake Haus in Moab. I believe I have been treated unfairly by the management, who decided today to fire me after I complained about a sexual harassment incident.


 


On Monday, June 24th, my co-worker Devran sexually harassed me. The incident began while I was in the kitchen. Devran began speaking to me using very condescending and degrading language. I said to him “I don’t want to talk to you,” and I asked him to leave me alone. Then, he started to shout at me and used specific Turkish phrases that can be directly translated to mean “I am going to f**k you when I see you outside of work” and “Who are you? What are you going to do?”. The latter phrase was said in a very threatening way, so I walked to my manager Angela’s office to report him. She appeared to be on the phone and, after I waited for a minute or so for her conversation to end (which it did not), I walked back to Pancake Haus to continue doing my job.


 


After entering the restaurant, I encountered Devran again. He continued using degrading language, and he then told me to go outside so he could “punch” me. Scared and embarrassed that co-workers and guests were witnessing this scene, I followed him through the back door in the kitchen until we were standing outside of the building. Once we were outside, Devran repeated the Turkish phrases that were meant to threaten and intimidate me. He began to approach me until he was standing only a few inches from my face. He held his hands up on either side of my head and stared me directly in my eyes. He repeated himself, saying “I’m going to f**k you.” I would like to clarify that, in my native language of Turkish, the phrase that Devran chose has a very literal and intentional meaning. It is not typically said to be funny or to, as it is so often used in the US, jokingly shrug someone off or express anger. It’s significance is very clear. To me, it felt like Devran meant what he said. He continued to say it despite my efforts to make him stop. I tried saying to him, “You cannot use this language with me.” Unfortunately, my efforts were in vain.


 


After this encounter, I went directly to the manager on duty, Angela, who was outside right after the incident. I told her about the encounter and asked her to call the police, as I was not sure how to handle the situation. I felt scared, frazzled, humiliated, and threatened. At that time, Devran was still there instigating me, daring me to call the police while he gestured his phone towards me in a mocking way. He then walked back into the restaurant. I continued to insist to Angela that nobody should be allowed to use this language to another co-worker, male or female. It was then that she told me that the police are going to do nothing. “I can’t fire him,” she insisted, despite the fact that I relayed the whole encounter to her and told her of his threats to punch me. “He was just threatening you,” she said. “If he was actually going to punch you, he would have done it already.” This nonchalant attitude, as though threats are acceptable as long as they are not followed by action, was shocking to me. His threats, empty or not, still filled me with fear and still, in my opinion, create a work environment that feels violent.


I am writing this detailed letter because I feel that it was unjust for me to be fired after this incident while Devran only received a warning. Clearly, there were two parties involved in the situation, and I cannot help but feel that I am being discriminated against by being fired. When I was laid off, I was told that the reasons for my termination were because I am an unhappy employee who is hard to please, that I have a bad attitude, and that the incident with Devran did not really occur. Angela told me that the managers came upon this decision regarding the incident after watching the security cameras. However, Stephanie and Leighanne from the Quintstar Office later told me that they did not, in fact, watch the cameras. Therefore, I am confused and hurt because I feel that this very serious situation is not being addressed with the correct care and respect. Harassment at this level should be taken very seriously, and I do not believe that firing the victims of such harassment is a fair policy.


 


 


 


Best,


Miray Diner

wallstreetfighter :

This would be sexual harassment and is serious,

Customer:

and i got fired

Customer:

he got warning

wallstreetfighter :

You need to file an EEOC and State civil rights complaint as soon as possible

wallstreetfighter :

the fact the employer terminated you after this incident, would make the employer liable and you could have a strong harassment lawsuit.

Customer:

im from turkey what is EEOC

wallstreetfighter :

A discrimination claim can be filed either with the state administrative agency, the Utah Antidiscrimination and Labor Division (UALD) of the Utah Labor Commissioner's Office or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a “work-sharing agreement,” which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency.


The Utah anti-discrimination statute covers some smaller employers not covered by federal law for age discrimination claims only. Therefore, if your workplace has between 15 and 20 employees, you should file your age discrimination claim with the UALD, as the EEOC enforces federal law, which covers only employers with 20 or more employees in age discrimination cases, and 15 or more employees in other types of discrimination cases. Some attorneys recommend that you file with the UALD first for all types of discrimination claims.


To file a claim with the UALD, contact its office. More information about filing a claim with the UALD can be found at: UALD website.








Utah Antidiscrimination and Labor Division
Street Address:
160 East 300 South, 3rd Floor
Salt Lake City, UT 84111
Mailing Address:
P.O. Box 146630
Salt Lake City, UTNNN-NN-NNNN
Phone:(NNN) NNN-NNNN
Toll Free:(NNN) NNN-NNNN
TDD:(NNN) NNN-NNNN
Fax:(NNN) NNN-NNNN/td>

 


To file a claim with the EEOC, contact your EEOC office below. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.









EEOC's Phoenix District Office
3300 N. Central Avenue
Suite 690
Phoenix, AZNNN-NN-NNNN
Phone:(NNN) NNN-NNNN
TTY:(NNN) NNN-NNNNbr/>
Customer:

this also discrimination ?

wallstreetfighter :

yes, when you file a sexual harassment case, the EEOC and Utah civil rights office handles these matters,

Customer:

also my manager lied to me

wallstreetfighter :

You should also speak to a local employment lawyer about a harassment lawsuit.

Customer:

i have appointment with my owner tomorrow if she said to me i ll hire to back but i dont wanna work that guy

wallstreetfighter :

You should advise the owner you will be filing a civil rights complaint and seeking a lawyer about a lawsuit, if they do not let you work without the other employee

Customer:

this mean if i say to her i would like my job bsack

Customer:

but i dont wanna work with guy

Customer:

she needs to that

Customer:

other way i can report

wallstreetfighter :

yes, or threaten her with a filing of discrimination and lawsuit

Customer:

what should say to her

wallstreetfighter :

You should advise the owner you will be filing a civil rights complaint and seeking a lawyer about a lawsuit, if they do not let you work without the other employee

Customer:

if she said me i m not hire to back when i got lawsuit what they gonna do for company and guy

wallstreetfighter :

if they do not hire you, then you can file a complaint with the agency listed above, and the employer could be sued for money damages

Customer:

what about manager cause my owner learnt everythng from my manager i think manger choosed side of guy

wallstreetfighter :

the employer would be sued, that will include the manager,

wallstreetfighter :

you need to make the threat, it would be against the employer,

wallstreetfighter :

the employer is responsible for all employees and manager actions

Customer:

can u give some advise

Customer:

about my case

Customer:

because i was internatinal student

Customer:

now i have tourist visa i m gonna stay till september

Customer:

this situtiian effect my status in usa

wallstreetfighter :

no, it will not hurt you,

wallstreetfighter :

since you are an international student, you can advise the College of what happened and they may help you as well

Customer:

im sorry i have to ask some more questions but i cant remember what shold ask u every meeting 38 $ ?

wallstreetfighter :

no there is only one charge.

wallstreetfighter :

At this point, you should speak to the employer and advise them you will file a civil rights case against them.

wallstreetfighter :

Then advise them you will only work if the worker who made the threats to you leaves

wallstreetfighter :

Good luck, and if satisfied with our service please provide us with positive feedback.

wallstreetfighter :

Thank you

Customer:

if i liked to ask some questions what i need to do ?

wallstreetfighter :

you can ask for wallstreetfighter at anytime,

wallstreetfighter :

after you provide feedback to this question

Customer:

thank u i just need to rate u and save&exit

wallstreetfighter :

yes, thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15695
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 2 other Employment Law Specialists are ready to help you

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