How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37016
Experience:  I provide employment and discrimination law advice in my own practice.
Type Your Employment Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I was recently working at a pub here where I live as an assistant,

Resolved Question:

I was recently working at a pub here where I live as an assistant, the owner was (and this is putting it nicely) very egotistical. He wanted everyone to treat him in such a manner that made himself feel higher up than the rest of us. I started noticing that there were some things I didn't agree with when he would want the women who worked there to flirt with him. He was treat the girls who flirted with him completely differently than people like me who refused to. They would get to get off early, drink while on the clock, have more privileges, but if you didn't flirt with him he would make you life hell like mine. He basically stripped me of most of my duties and gave it to the other manager because she would show a special interest to him. He would never let me off early and would treat me bad by accusing me of things that were not true.

It really started getting to me when he would talk about his wife in a sexual way stating that "her breasts were too big for an Asian woman" and that "Her butt is too big as well" and then turning to a server there and saying how nice she was because she was "small" I walked away on that conversation and that is when I got treated the worst. They would call manager meetings which I would normally be a part of and exclude me, the other assistant manager would get her friends that worked there to spread lies and rumors about me to the point of me crying everyday at work. The owner even got in on it and started cornering me in the office and asking me if different things were true and even asking to see my phone at one point so he could go through it.

The final point broke when the other manager, and two of the servers got together and came to him with a lie saying I was going around telling guests about how he was with the girls he flirted with, which I never did. He ended up calling me up on conference call and accusing me of it. I told him that never happened but I might have to call a lawyer for them telling lies to where it affected my job. He said he would look into it and if he found it to be not true he would apologize, and if it was true he would just fire me. I told him "well I will look forward to an apology" and with that knew I would not be terminated because I was the one telling the truth.

The next day I texted him and asked if I was going to be getting my apology and he told me to call the GM. I called him and to my surprise he told me I was terminated. When I asked why he said "I don't know" I then asked "Did he find any texts or people saying I said this" The GM replied the owner had not found any text or even anything to suggest that this had even happened. I then asked again why am I being terminated if I had no infractions, I was never late and never had any problems, and the GM replied that if I didn't get fired he would be and that the owner didn't have a reason.

I feel like I got terminated because I didn't show "Special Attention" to the owner, I felt like I was being harassed the last week of work. I had to listen to him talk about his wife's body in a sexual way and did not want to hear that. And he basically made it a living hell for me by stripping me of all my duties to make me feel bad.

I am just wanting information if I have anything here. I feel like I do but I just don't know, I know Texas is a right to work state but I feel like he crossed the line here. Thanks for any help.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that you are in this situation. I likewise agree that there may be some options for you, but the answer very strongly depends on the size of the company. How many employees, approximately, are there who work for this owner?
Customer: replied 1 year ago.

The company was just the one located here in my citiy, and the employees were around 30 people give or take and that is including kitchen staff and busboys.

Expert:  Dimitry K., Esq. replied 1 year ago.

Kate,

Thank you for your follow-up. That is more than plenty enough. The reason I asked is because under state and federal laws, if you legitimately believe that you were discriminated due to sexual harassment or due to gender, you have recourse via the EEOC, or the Equal Employment Opportunity Commission. Employers must have at least 15 employees who work at least 20 hours a week to qualify under coverage of the law. You can contact the EEOC directly, file a grievance, and then if they grant you a 'right to sue' letter, retain counsel to file against the employer for wrongful termination on basis of discrimination.

Good luck.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37016
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and 5 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.