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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88441
Experience:  20+ Years of Employment Law Experience
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So theve circled the wagons. No one heard the comment whether

Resolved Question:

So the've circled the wagons. No one heard the comment whether they have been paid to do so will remain a mystery unless someone developes honor in a hurry and that's not going to happen. The store has given me my old job back and this evening I will know whether or not my hour count has increased. They are using scare tactics telling me that I am sworn to silence and if I tell anyone anything I could be sued for defamation of character. The problem I see now is that If and when I have to venture to the side of the building where they reside, in my thinking if they all lied about something they heard once, they could lie about something else yet again. More stories could erupt with me as the suspect. What should I do? I am job hunting today. Just use the hours they give me and refuse to venture in the land of liars?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you filed a complaint about sexual harassment and your hours have been cut and now they do not put your hours back where they were previously, then you would have good cause to file a complaint with the EEOC for retaliation for you filing a sexual harassment/hostile work environment complaint.

They can tell you not to discuss the matter with any employees, but they cannot stop you from filing a complaint about this with the EEOC if they do not put your hours back to where they were. You can continue job hunting for a better job as well, but you also need to inform the upper store management that your hours are still being kept short and this is retaliation and ask them to step in and then if they refuse, you need to go to the EEOC.

If they give you your hours back, then you need to just continue on working and if you have to deal with these other employees or this manager and you are afraid he will lie about you, then try to have a witness with you when you go over there to deal with him and also keep a personal journal with everything you do when you do have to go over there to deal with him so that if he tries to lie you have something to prove he is lying about you.



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Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88441
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.

Since I am obviously working in a hostile environment can I quit and file for unemployment in the mean time till I find other work? How do I explain my reason for quitting on future job apps? Is it out of the question to request letters of reference for future employment? Do they have a case against me for deformation of character since no one will back me up? What should I expect in the future from these liars

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

First, you are taking a risk voluntarily quitting claiming hostile work environment because you need to have the actual evidence proving the conduct. Second, you need to at least let them complete their investigation and see if there is current/future retaliation occurring or the unemployment division would claim you quit prematurely before allowing the employer a reasonable time to fix the problem.

You can ask as part of a settlement to ask for future references, but they do not have to give those. You can explain on your applications that you suffered retaliation for reporting "alleged sexual harassment and hostile work environment," and that way avoid any claims of defamation because you are saying you reported alleged conduct not proven conduct.

I am hoping since they brought you back to work and the area manager took your complaint that they are going to properly investigate and hopefully take action against the manager. However, usually, they will just seek to write you up for silly minor mistakes that they do not write anyone else up for and you need to keep records in your personal diary so you can file your complaint to the EEOC.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88441
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.

I resigned, They all lied and will continue to lie there is no way for me to have a witness at all times and still do my job well. They did not give my hours back infact the hours were even more ridiculous and they are threatening me with deformation of character if I try to file for un-employment because there will have to be an investigation other than their own.

Expert:  Law Educator, Esq. replied 10 months ago.
I am sorry for the delay in responding as I was out of the country with limited Internet access. Thank you for your update.

I would tell you that now you have resigned you need to argue that you were constructively discharged. This means they made the condition of employment so intolerable that it amounted to termination.and they cannot legally threaten you to not file for unemployment and do not let them bully you and scare you about filings. Yes there would be an unemployment hearing only if they fight your benefits, but unemployment hearing officers are pretty good at
Detecting when employers are making things up.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88441
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and other Employment Law Specialists are ready to help you

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