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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37876
Experience:  I provide employment and discrimination law advice in my own practice.
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Son has been harassed at work and retaliated. As of tonight

Resolved Question:

Son has been harassed at work and retaliated. As of tonight he was hazed. The restaurant is a franchise. Do I file a formal complaint with corporate or franchise to document the last two months. They have been writing him up on a continuous basis, unfounded and even other employees are sticking up for him saying they are just making stuff up.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear it. How was he hazed, what happened?
Customer: replied 10 months ago.

In regards XXXXX XXXXX hazing they use towels and swing it at him to hit him then laughing about it. This occurred twice in the last 2 weeks. He is 16 years old. first job. They were informed he has a documented disability ADHD and a TBI and that such action was unacceptable. Since they have been writing him up form improper closing when in fact he closes properly according to other employees. 2 weeks ago he got employee of the month by another manager for doing an amazing job closing. She left the company last week

Expert:  Dimitry K., Esq. replied 10 months ago.

Tamara,

 

That sounds terrible and is frankly illegal. Hitting someone is an assault and battery, especially someone who is a minor and cannot consent. Please document everything and contact corporate since the local chain may pretend that nothing is going on, but if corporate gets involved, franchises especially tend to step into order. Explain to corporate that you are considering contacting the local police and the state labor control board in terms of the assaults and the work environment, and request that they cease retaliation and pursue some sort of a mutual resolution here. Furthermore, if your son is impaired in some way, this retaliation is against the A.D.A. (Americans With Disabilities Act) which would likewise permit you file a grievance on behalf of your son with the EEOC and pursue recourse. Consider explaining all that in your communication so that the company is aware that you are being deadly serious with them over this improper behavior.

 

Good luck.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37876
Experience: I provide employment and discrimination law advice in my own practice.
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