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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15472
Experience:  Employment/Labor Law Litigation
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I work for a large company and I had a manager who was harassing

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I work for a large company and I had a manager who was harassing me/hostile work environment. my company didn't believe me for a long time and it wasn't until repeated complaints and documentation from other employees and witnesses that the company validated my complaint and transferred the employee to another area. This employee was also turned in by me for theft and was not terminated after validation of the theft.
I made a mistake and broke policy that has been broken by multiple other managers and is easily verifiable. They were not terminated. I have good reason to believe that tomorrow I am going to be terminated for this violation, even though many other managers have done this same issue, and even higher up managers are doing similar type issues. And the policy that I violated did not cause loss to the company or put them at any risk. It seems to me that there is a different set of rules for myself than the other managers in the company. I feel that the reason I am being targeted is because of my previous validated harassment complaint as there are so many other instances like mine that do not result in termination. What should I do?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Why were you being singled out by this manager for the harassment? Your race, religion, gender, age, disability or FMLA use?
Customer: replied 9 months ago.
Sexual. He had made repeated comments, text messages, and one particular instance in front of several employees.
Expert:  Allen M., Esq. replied 9 months ago.
So, gender then? You are female and he is male, and made sexual comments towards you?

I'm just wanting to be perfectly clear about what you mean.

Also, how long ago did you make this complaint to the employer?
Customer: replied 9 months ago.


He was finally transferred March 2012, but my first complaints started around November and December.


 


Yes Gender. I am female and he is male.


 


 

Expert:  Allen M., Esq. replied 9 months ago.
Ok.

Your claim would be retaliation by the company for having made a complaint of sexual harassment/gender discrimination. The retaliation itself is also a violation of the Title VII laws that make it illegal to discriminate against gender in the first place.

You have all of the classic facts that support your claim. You have disparate treatment following the report of gender discrimination. The one fact working against you here is the time frame involved. Typically we'd like to see a bit more closeness in time between the initial report and the retaliation. In this situation, you're talking about something where you report it to the employer almost two years ago and the employer acted on those complaints 1.5 years ago. It's a weakness, particularly if different people where involved in the decision to deal with the reports of discrimination from before and the decision to terminate you now.

The only way to really know who much your claim has been weakened is to have it investigated by they EEOC in your state. You need to contact them, make a complaint of retaliatory termination and allow the process to reveal what it reveals.
Customer: replied 9 months ago.


I am dealing with the same Loss prevention and Human resources associates as in previous issue.


This is the only instance where I have violated any policy and I feel that they are trying to use this chance to terminate me for something that other employees are also doing.

Customer: replied 9 months ago.


I feel that they are using this one violation to terminate me for something that they are aware many other managers do. The only difference between me and them is that I have a validated complaint with HR for harassment.

Expert:  Allen M., Esq. replied 9 months ago.
I understand the issue. It's called disparate treatment, where you are being treated more harshly than other people that did not report sexual harassment/gender discrimination and, therefore, the explanation for the differing treatment is your reporting.

The EEOC is the step that you have to go through to sue. They must investigate or you lose the right to sue.

That is where you need to go.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15472
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 7 other Employment Law Specialists are ready to help you

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