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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 11783
Experience:  JD, MBA
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My position was eliminated after about 3 years working, in

Customer Question

My position was eliminated after about 3 years working, in the state of Nevada. The store I worked in is being closed. Our other store consisted of a 2 ladies that were older than me and that I did not get along with. My way of dealing with it was to not be around them or not say anything, but we hardly worked with each other anyway. One lady was a lead for the store she worked in, but had no authority over me or my store. These stores are a part of a larger place, and is corporate. She was mean, tried to tell me what to do that had nothing to do with good business, has had many documented problems before I even started working there, and would do things that made it difficult for me to work, like taking things in my store and hiding them. I went to Human Resources several times, as so did other people. Nothing was ever documented that I know of, but I was always told it was taken care of. The last time, I asked for the harassment policies, because I felt she was pushing the line of ha
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. Do you have any specific questions? I just want to make sure that I understand what legal information you are seeking.

Thank you.

Customer: replied 1 year ago.
I'm not sure if my initial message got cut off, but I put the rest of my situation and question below:I was supposed to have a meeting with HR and my new director about it, but they told me my position was eliminated and the situation was taken care of. I never got harassment policies I asked for. She eventually stopped saying things to me, but started to go through new people, asking where I was throughout the day, what we talked about, etc. She would also lie about me coming in to work late, writing it down and would watch me in the halls. She was never my supervisor. So I do have some evidence and many witnesses of these things, along with many co-workers to back up my own character. I thought about filing a harassment claim with the state because this situation was so awful and so unfair. I also don't want this to happen to any new person that doesn't deserve it and I think the HR protocol is non existent, which is really wrong. Nevada is a right to work state which, I guess, means you can get let go from your job for no reason at all. So that is fine, but harassment is still illegal. Should I file or what should I do?
Expert:  TJ, Esq. replied 1 year ago.

Hi again. Thanks for the additional info.

You note that harassment is illegal, but that's only partially true. Whether or not it's illegal depends on the motivation of the harassment. For example, if you were mistreated because the co-worker doesn't like your race, ethnicity, gender or disability, then you may indeed have recourse. What you describe would be illegal discrimination. The first step in dealing with illegal discrimination is to file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for investigating illegal discrimination in the workplace. Once the EEOC investigates, it could agree that illegal discrimination took place, and attempt to work out a settlement with the employer. If the EEOC cannot work out a settlement, or if the EEOC does not find that there was illegal discrimination, then a person can request a right to sue letter, which gives her the right to sue her employer for violating the law. You can find out how to file a charge here: http://www.eeoc.gov/employees/charge.cfm

On the other hand, if the co-worker mistreated you simply because she doesn't like your personality, then that would not be illegal. The law does not require politeness or that co-workers get along with each other. It's up to the employer to enforce any policies (or no policies) regarding those types of issues.

So, in sum, the reason for the mistreatment is extremely important, and determines whether you have recourse.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.