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TexLaw
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I am really wondering why I was suspended today . I didnt

Customer Question

I am really wondering why I was suspended today . I didn't do anything to warrant this and am constantly being bothered with non business things at work . I do my job and don't want this going on . In fact , what he did on the bus to me was so humiliating and an assault . There is so much information that I have in black and white about what others like she and he are doing all the time . But I don't want to be involved and have tried hard to rise above their constant gossip mongering .


If you look at the hud, co-worker is seen hudding me that she was over by him and Ashley, gossiping. Talking to them about the bus mishap.

Just to be clear, Jimmy and I didn't "date", we went to a Mavs game together. In fact I think I have a text that talk about how much I value our friendship. We hung out twice, the Mavs game and Margarita ball. I took not dating people at the office to heart, and I did not get involved. I have been asked by various co-workers, but have turned them down. He had tickets, and I'm a huge Mavs fan, so I made it clear to him that it was not a date but just friends back then , November , 2012 and he said he agreed that is was not a date . Then I asked him to go to the Margarita ball as a way of paying him back for the Mavs game - my way of saying thank you. We went with other friends. I have never been involved with him and find the idea insulting to me , unlike Vanessa has been and still is ! I am the only one suspended the other 3 are at working making money. Saying I am gossiping when I wanted to make sure no pictures where taken when he puled my dress down and be more humiliated.


I have not made any mistakes since my last warning in October 2012. I have not had one queue call that has gone to a manger. My numbers have doubled and my lag report is at 26% currently. Even on a day like today, I closed a three deals..
Submitted: 1 year ago.
Category: Employment Law
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for contacting us and I'm sorry to hear about this situation.

I'm a bit confused by what you are saying. You were suspended today after an incident where a male co-worker approached you and pulled down your dress?

You did not report this incident to your manager.

They did not tell you what they were suspending you for today?

What kind of work do you do exactly?
Customer: replied 1 year ago.

I am being discriminated against at my work. It was a set up. Thursday night by my co-worker pulled down my dress on a party bus going back to the office from a work related dinner. I did n't want to make a mountain out of a mole hill, so I decided I would let it go.


 


The next day the same co-worker started aggresvly texting me about how I was spreading rumors about a fellow employee. I had never said what he was implying. It came to be known that he had overheard me asking another co-worker who was on the bus if anyone had gotten a picture when my dress was pulled down. He was upset and basically wanted to paint a picture of me as a gossip. He had no proof that I had stated what he was saying and i denied it in a text he sent to me. At the same time, my 62 year old female co-worker was going around the office telling people that my dress had fallen down on the bus. She was not even on the bus, but was still telling everyone. The co-worker who assaulted me showed me a text to prove that other people knew about it.


 


i realize now he was scared of the ramifications. So at that point they had set me up to be fired. The went to hr and basically lied, stating that I had been talking about the size of another co-workers penis the night before. They have no proof, it was all he said, she said.


 


So when I was pulled into a meeting with hr and two managers, I was dumbfounded. I have been in trouble before, but had been warned and had not made any mistakes since. Basically, they asked what happened and because the two co-workers were stating that I had been gossiping, they suspended me until further investigation.


 


The two co-workers told me they have the power previous to that to get me fgired. They could go to hr and it didn't matter what they said, because the hr director didn't like me, I would be gone, right or wrong.


 


They were correct. I was suspended. i still don't know why, they didn't have me sign anything. They did state that if I came back, i would loose my bonus and there would be parameters.


 


What they didn't know is that my co-workers have no proof I was gossiping. I however have proof that they were gossiping about me. I also have proof that the co-worker was trying to set me up. I also have proof that one of my co-workers confirms that my dress was pulled down. The compan6y did not realize this. I have put the email that I sent to the sales manager below.


 


dated July 29th, 2013


 


 


I am really wondering why I was suspended today . I didn't do anything to warrant this and am constantly being bothered with non business things at work . I do my job and don't want this going on . In fact , what he did on the bus to me was so humiliating and an assault . There is so much information that I have in black and white about what others like she and he are doing all the time . But I don't want to be involved and have tried hard to rise above their constant gossip mongering . If you look at the hud, co-worker is seen hudding me that she was over by him and Ashley, gossiping. Talking to them about the bus mishap. Just to be clear, Jimmy and I didn't "date", we went to a Mavs game together. In fact I think I have a text that talk about how much I value our friendship. We hung out twice, the Mavs game and Margarita ball. I took not dating people at the office to heart, and I did not get involved. I have been asked by various co-workers, but have turned them down. He had tickets, and I'm a huge Mavs fan, so I made it clear to him that it was not a date but just friends back then , November , 2012 and he said he agreed that is was not a date . Then I asked him to go to the Margarita ball as a way of paying him back for the Mavs game - my way of saying thank you. We went with other friends. I have never been involved with him and find the idea insulting to me , unlike Vanessa has been and still is ! I am the only one suspended the other 3 are at working making money. Saying I am gossiping when I wanted to make sure no pictures where taken when he puled my dress down and be more humiliated. I have not made any mistakes since my last warning in October 2012. I have not had one queue call that has gone to a manger. My numbers have doubled and my lag report is at 26% currently. Even on a day like today, I closed a three deals..

Customer: replied 1 year ago.

I work in debt settlement, I am in sales and I am a top producer. I have always outperformed since the first month.

 

 

They suspended me two days ago for five days, for gossiping. But they have no proof.

 

My co-worker has been at work and has closed deals. Yesterday was the most successful day in the companies history. I am also losing a lot of money.

 

I did let my manager know the next day.

Expert:  TexLaw replied 1 year ago.
Thank you for clearing that up.

It is obvious to me that the reason you were suspended is because your co-workers went in and complained about you based on their false claims.

It is not good under these circumstances that you did not report the incident where your dress was pulled down, as when you report it now, it will appear to your bosses that you are fabricating your story. Nevertheless, you need to contact HR and let them know exactly what happened and state that you need this to be noted as you reporting sexual harassment in your file.

Next, you need to contact the local office for the EEOC (which you can find at www.eeoc.gov/field/ ) and report your suspension as illegal discrimination based on sexual harassment and gender. The EEOC will launch an investigation of its own and will advocate for you to get you reinstated in your job.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4268
Experience: Contracts, Wrongful termination and discrimination
TexLaw and 5 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. I did report it to a supervisor. But nothing was done. Next thing I know I was being pulled into hr.


 


 


Why was I suspended? What is the company thinking? Everyone was going around telling me something was going to happen to me the next day.


 


The main thing is they know he pulled down my dress, but nothing was done to him.


 


i have a text example here:


 


Inline image 1


 

Customer: replied 1 year ago.

I should also tell you that a female co-worker was raped in the office two weeks before. She was a minor and was given alcohol by another co-worker.

Customer: replied 1 year ago.

Should I have an attorney when I file with the eeoc?


 

Expert:  TexLaw replied 1 year ago.
If you've already reported the incident, then you should proceed with the EEOC claim filing.

What the company has done here does not make sense to me given the fact that you have reported the sexual harassment.

You do not need an attorney at this point. The EEOC will act as your advocate during the investigation.

-ZDN
Customer: replied 1 year ago.

I told my manger, but he said not to worry. To get back on the phone. Nothing was done about the top being pulled down.

 

I wouldn't go to hr because the hr guy does not like me and I feel very uncomfortable in his presence.

 

 

They basically figured they would suspend me to protect themselves. They did not know all the proof I have, however.

 

The company basically thought that because I had been written up before, it would be easier to suspend me then to deal with the co-worker. They are already in hot water with the girl who was raped.

 

 

Basically after the raped incident, I was assaulted an punished for it. This is wrong, correct?

Expert:  TexLaw replied 1 year ago.
Well...this seems like enough to bring a strong case.

Go ahead and follow through with the EEOC claim. If they ask you back to work, you will then be under double protection as they are not supposed to terminate someone who has an active EEOC claim. If they do, you can also claim against them for retaliation.
Customer: replied 1 year ago.

Ok, thank you.


 


 


Do you think they realized they made a mistake and could be sued? Also, can they still take my bonus if I file?( My bonus is $4000.) Do I go in person?

Expert:  TexLaw replied 1 year ago.
I think they are trying to make you go away and are acting in desperation.

If they take your bonus away, this is another thing to add to your EEOC claim.

In regard to whether you need to go in person, this will be determined by the local procedures for that EEOC office.

You need to call the local branch using the website I gave you previously. They will let you know what you need to do to file the claim.

Good Luck!!!
ZDN

Customer: replied 1 year ago.

Thank you.


 


My last question is:


 


When I file, can they fire me later down the line?

Expert:  TexLaw replied 1 year ago.
They can never fire you based on the fact that you filed an EEOC claim or made a complaint of sexual harassment. If they fire you for any reason during the pendency of the EEOC investigation, it will be assumed to be retaliation. However, after the investigation has passed (assuming you are still working there) they can terminate you for good cause if it is unrelated to the claim.
Customer: replied 1 year ago.

Does it matter that I had been written up before? Back in October?


 

Customer: replied 1 year ago.

Also, can u see through all this why they suspended me? How could they be so dumb to do it without any proof and just hearsay


 

Expert:  TexLaw replied 1 year ago.
It is only illegal if the action they took against you was based on sexual discrimination. It appears that it was based on what you have told me.

Employers, when confronted with these type of claims, will often try to show that the reason they suspended or terminated the employee was actually not because of illegal discrimination, but because of poor job performance. They will use things, like the write up from October, as evidence in their favor.

So it will come into play, but whether it is determinative of the claim will depend on the information which is discovered during the investigation.

In regard to why they suspended you, I suspect it was because the other co-workers made a false report about you, and they thought you were stirring up trouble.
Customer: replied 1 year ago.

The sexual dicrementation is that they suspended me but did not suspend the co-worker, correct?

Expert:  TexLaw replied 1 year ago.
Its that you were sexually harassed/assaulted at work, reported it, and then they suspended you after you reported it.
Customer: replied 1 year ago.

And the male co worker was not?

Expert:  TexLaw replied 1 year ago.
Yes, but it is only that they suspended you that makes it important. They should not take any negative employment action against you.

Yes, they should have suspended the male co-worker, and not you. But it is the fact that they suspended you which makes your claim actionable.

The fact that they did not suspend the male co-worker means that they are siding with him against you in the situation.
Customer: replied 1 year ago.

Also, one thing I forgot is that he had kissed me earlier. On the bus, he took my phone and texted himself that he was a great kisser. So it was from my phone to his.

Customer: replied 1 year ago.

They asked if I went out with them after, which I didn't, I drove straight home.

Customer: replied 1 year ago.

I still have a case with him doing that, correct? Because I did report it and I was suspended?

Expert:  TexLaw replied 1 year ago.
All of this will likely come into play. All you have to do is be honest and disclose everything that happened. Just because he stole a kiss does not give him the right to pull down your dress or to make false claims against you at work.

Yes you still have a case.

You should also consider reporting this incident to the policy about him personally, as this would be a sexual assault.
Customer: replied 1 year ago.

Report to who? HR?

Customer: replied 1 year ago.

U mean police?

Expert:  TexLaw replied 1 year ago.
Sorry for the typo. Yes, I mean police (not policy). He sexually assaulted you, you should report this to the police.
Customer: replied 1 year ago.

Thank You so much! You are wonderful.


 


Last thing, they told me not to text/call/speak with any co-workers during suspension. Why is this? Should I not?

Expert:  TexLaw replied 1 year ago.
That's because they are "investigating".

They cannot legally prevent you from talking to any of them.
Customer: replied 1 year ago.

Oh i see. So I can contact them?

Customer: replied 1 year ago.

Also, they stated that I would not be able to participate in company events, including contests, etc. They can't do that now because its retaliation?

Expert:  TexLaw replied 1 year ago.
You can contact them. If you do, it will be used against you by the Company...so be careful.


In regard to the contests, etc. If this is offered to other employees, then you would entitled to participate or it would be likely seen as retaliation.
Customer: replied 1 year ago.

gotcha.


 


With the email I sent to the sales manager, what are they thinking right now? Are they aware they messed up?

Expert:  TexLaw replied 1 year ago.
I have no way of actually knowing what they are thinking....it would be complete speculation on my part.

Are they aware that they messed up? I don't know. They will be once they get notified by the EEOC that you have filed a claim.
Customer: replied 1 year ago.

I filed a police report. The officer who took it said I have a lawsuit.

Expert:  TexLaw replied 1 year ago.
:-)

You can sue the guy who touched you directly for assault as well.
Customer: replied 1 year ago.

:-)


 


so, how long do I have to file? I'm confused on the times because it says:


 


 


 


The Dallas District Office is open Monday - Friday from 8:00 a.m. - 4:30 p.m. Intake assistance for filing a charge is regularly available on Monday, Tuesday, Wednesday and Friday. Everyone visiting our office must present a photo ID at the security desk at the building entrance.

Individuals wishing to file a charge of discrimination may walk in from 8:00 a.m. to 2:30 p.m. and be seen by our Intake staff on a first come first serve basis.



If I'm suspended for fice days, will that stay in effect? Will I be procted if I file tommorrow or friday if I go back tuesday?


Expert:  TexLaw replied 1 year ago.
It will still be in effect, even if they let you come back to work. At least you could recover the pay you missed over these five days.

So, you need to go in on Monday, Tuesday, Wednesday, or Friday between 8 am and 2:30 pm

The sooner you go the better.
Customer: replied 1 year ago.

i'm going Friday, so if they call me in Tuesday, am I protected? Would they know its been filed?

Expert:  TexLaw replied 1 year ago.
You are protected, but they may not know its been filed.

What it means to be "protected" is that if they do fire you, the EEOC can order them to reinstate you because this is retaliation. It does not automatically stop them from firing you, but if they do, they are breaking the rule.
Customer: replied 1 year ago.

If I need to hire a lawyer, can I hire you?

Expert:  TexLaw replied 1 year ago.
Hi,

Thanks for asking! I appreciate the respect. Unfortunately, I am not located in the Dallas area. You will want someone who is a local attorney, as it is more affordable.

If you search "Dallas Employment Lawyers" on google, a long list of many good lawyers will come up from which you can choose.

Customer: replied 1 year ago.

I should also tell you this is not the first time they have threatened my bonus.

 

 

I guess I should start at the beginning.

 

Two female co-worker's of mine broke into my computer to see what I was saying to my manager, who at that time was her boyfriend. Nobody knew this because it is against company policy. HR did nothing about it, a slap on the wrist if anything. After that, every time I would see them they would be giving me the finger. At a six flags sponsered company event, I finally had enough and told her she needed to stop. She then hit me. I filed charges of course. I did not touch her or assualt her in anyway. The next day, we were both written up. Now, when the time came to testify, I was told by her boyfriend, my then manager, to drop the charges or else I would be cause trouble, which he told me would lead to me being written

up again. I was then called into hr with the female co-worker that hit me and the hr guy made sure I was going to go drop the charges. He told me to leave then, and say it had all been resolved. It would show that I'm no longer a problem and I wouldn't loose my job. So I did.

 

Now, I will say that i work at a company that is mostly men. I am an attractive, in shape female who is a top sales person. So I was asked out on dates by various co-workers. I had just gotten out of an engagement that had left me devastated, he had cheated. So I did end up "hanging out" two co-workers. The one thing I did do wrong, the only thing, is I hudded them on the work IM. It was no professional but I didn't know that you couldn't delete it. There was no policy saying that we couldn't date co-workers. In fact, my boss just got married to a guy who worked there when she was on the sales floor.

 

 

I had two co-wokers about a month after that I told were making sexual advances at me. The hr guy said he would talk to them and it would stop. he did, but it didn't. There ended up being fired for low production.

 

So I ended up not getting along with the last co-worker I dated. He had a friend that was on my team. He would always spit out tabacco, and I found it gross. I told him if he wouldn't mind, could he please move his trash can where I couldn't see it, it made me a little sick. The next day, he had put the trash can in the middle of the row, blantly to get me upset. So not only would I see him spit, I had a full view and when I walked down the row I had to move past the trash can. I said, would you mind moving this? To which he replied, "mind your own f**king buisness." I didn't say anything back, just went to my manager and reported it. Well, the guy was pulled into hr. But he didn't get in trouble. he told hr about the im's. hr was planning on pulling me in and writing me up. However, nothing had been done to the co-worker who spit. SO when he was in my manager's office, I went in and said he had no right to talk to me that way. Now this guy was probably on drugs, he screamed to the whole sales floor that I was cancer. He then proceeded to slam my managers door. So we both ended up being pulled into hr. well, this is basically when the hr guy started his hatred for me. He is a big tabacco chewer and said I had no right to ask my co-worker to remove the trash can from the middle of the isle. He asked who I thought i was? I'm nobody and can be replaced at the drop of a hat. He then said that he was going to call me in for the inappropriate im anyway. he said I was a disturbance to the salesfloor and if it were up to him, I would be fired. However, I was not. i was written up again. This time stating that I would not date anymore co-workers or hud anyone. He also stated that I was trouble, and if anyone ever came to him again with any problems, false or true, I would be fired, He would believe them. They drew a line in the sand and I never dated again.

 

Next, in my business, we get a lot of angry callers. My co-workers have said some outlandish, threatening things to these people. I mean of the charts, like they are ignorant, etc. So anyway, i had an aggressive caller about two days after the incident with the co-worker where a caller called me and stated that she worker for lawyers and was going to sue us since we knew her overall debt amount. I didn't call her any names, didn't cuss. I did say" that might be why you have so much debt, because you are spending it on lawyers." anyway, she called back in and it went to my manager, which went to my boss. I was called in once again, and she took away my bonus, which was about $2000, took away me being able the company sponsered event at the mavs game, and took away president's club, which I had earned by producing 250,000 in service fees for the last three months. She stated that I was a liabiltiy, and if anyone else had said what I said to the caller it wouldn't be a problem, but because it was me, I had to be written up again. My co-workers cuss out these people day after day, they have never been written up. Only me.

 

 

So anyway, at this time I became friends with another male co-worker. We did not date, but went to a basketball game together, and then attended the Margarita ball as friends with other friends. That night he met a girl at the ball that he lived and dated with for about six months. The pics of me and my co-workers were put on facebook, and my boss, the one who had taken away my bonus, liked the pics. she knew we went and never said or mentioned anything to me.

 

At this time the co-worker and i were not to friendly after that, the one that I went to the Mavs game with. he also ended up breaking up with the girl at the margarita ball and is started dating a girl who works under the hr guy that hates me. She is an hr assistant. they are still dating, and she is still there.

 

Months went by, and I never had another conflict. My numerbs were outstanding. And at one point I was the second earner in commisions in the company.

 

Then we come to president's club and you know the rest of the story.

 

 

That is what I meant when I said set up. The same guy who I went to the mavs/ball with i had told that I only had one more chance so I was not going to have anymore issues. He knew about the three strikes.

 

So there is everything. What are your thoughts? I know there is a term called mobbing, and I feel that I have been alienated and threatened and completely treated differently.

Expert:  TexLaw replied 1 year ago.
These are all interesting facts that support your claim of gender discrimination and sexual harassment at work.
Customer: replied 1 year ago.

So I just went to the EEOC and the investigator basically said I did not have enough info. So I put in a charge and she put in a dismissal.


 


So now I need an attorney?

Customer: replied 1 year ago.

The dismissal gives me 90 days to file a lawsuit.

Expert:  TexLaw replied 1 year ago.
I find it interesting that EEOC dismissed the case. Yes, now you need an attorney.

You need to look for "employment attorneys" in your local area and start calling them immediately to get an appointment.
Customer: replied 1 year ago.

You have been so helpful. I have a lot more questions if that is ok. Can I start a new thread with you? I can pay the $43 again. :)

 

 

Ok, new post. So what happened is my office HR called me today and basically said I was welcome back on Monday. He said that I would need to go into Kylie's office, my boos. So that means that they still plan on taking my bonus.

 

I need advice and to basically tell you what I said to HR.

 

 

Expert:  TexLaw replied 1 year ago.
Hi,

You do need to start a new thread for a new question.

Thanks,
ZDN
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4268
Experience: Contracts, Wrongful termination and discrimination
TexLaw and 5 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I started a new thread.

Customer: replied 1 year ago.

I paid another $43 and stated a new thread.


 


http://www.justanswer.com/law/7wvs4-hr-called-yesterday.html


 

Customer: replied 1 year ago.

The company attorney and hr called me into to "clear the air." They then went on to say that I was suspended for gossip, and not the incident on bus. And I said that I filed an eeoc claim, and they said yes but it was dismissed. And I stated it was because I asked them too. And that I have a lawyer and I would feel more comfortable with them there. They said that non-employees can not come on company property. And he would be happy to talk with them. They kept going around in circles, saying they had witnesse4s to testify I was gossiping and I said I knew they were foreign to go to hr. I have a text of that, plus an apology note from one of the people who went to hr to lie.And they said I have a history, and I said it didn't matter, if I gossip it was months ago in December and that I didn't gossip after the incident. That I had reported the incident to a manger, and then i was suspended, and my assaulter was not.


 


 


Then he said I need to do my job and I said, " Are you threatening me? Are you threatening me after I filed a claim with the eeoc. And he threw his hans up and said have your attorney call me.


 


 


 


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