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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20130
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I need an attorney to speak to District manager and manager

Customer Question

I need an attorney to speak to District manager and manager on duty with reference of a work harassment allegations. I filed a complaint of abuse and intimidation as one supervisor continuously misrepresent facts and accuse me of acting and saying something that I wasn't present when it occurs. She continuously suggest that something is wrong to the guests and then reverse payments in the form of comp due to me providing bad service(food server at olive garden). I spoke to district manager and propose transfer to another location which is exactly what I wanted. Now, the manager at that location is kind force me to sit again and resolve conflicts .I just don't want to discuss nothing without the presence of an attorney due to allegations of misrepresentations. I called Human Relations, and let them know that I am repeating myself and I feel intimidated in this supervisor's presence.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Hello,
As the Site TOS and advertising mentions, this in a legal information website. We cannot represent the customers on this Site, which means we cannot write letters, make calls, or file suit on your behalf. We can answer legal questions that you might have about your situation. If you have those, please ask them. Otherwise, if you need representation, you will need to contact a local employment law attorney. In that case, you can contact customer service and receive a refund of any deposit you might have left with the Site.
Customer: replied 2 years ago.
That is fine. Can a manager force me to stay with a supervisor under harassing work environment when a transfer is available as an option???. How do I answer him if I refuse to stay . I already spoke to his manager, but he still wanted me to sit with this supervisor and talk again and repeat myself. I am finding myself weighing every single word. Do you think I need to speak to an attorney??.
Expert:  Marsha411JD replied 2 years ago.
Hello again and thank you for your reply. The only type of harassing work environment situation that is actually unlawful is one that is created because of bias or discriminatory intent against an employee because they are in a protected class under employment discrimination laws. In other words, unless this behavior you described is happening because your supervisor or manager is targeting you because of your gender, race, national origin, age (over 40), religion, disability, pregnancy or AIDS/ hiv status, it would not be unlawful.
That doesn't make it right or good management, but it isn't something a lawyer can help you with. It then becomes a Company/management issue and your employer has the right to make all of the decisions about where you work and how issues are resolved. That is the nature of being an employee "at will." Then, that puts you in the position of either doing what they want you to or facing termination if you don't.
Of course, if you do believe you are being targeted for the illegal reasons I mentioned, and you have discussed those specifics with HR, then you can file a discrimination complaint with the State or with the EEOC.
Please let me know if you need any clarification. I would be glad to assist you further if I can. I am stepping away from my office for a few minutes, but will reply as soon as I return.
Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 18th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.