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CalAttorney2
CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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Esq - I have another question, not about School, but

Customer Question

For William B., Esq - I have another question, not about School, but possible discrimination and hostile work environment and Lord knows what else. My sister works in a doctor's office of about 15+ people. She has made a point of not engaging in office gossip. Earlier this week, she was called into a meeting with her Super and another office worker, where she was blamed for office gossip, cursed out and finger to her face. The lady, who did all this ranting, called in other workers to get them to say my sister WAS causing chaos and confusion. When they told her that my sister was not causing problems, the lady turned and cursed another employee because she didn't get the response she wanted. Her supervisor let this type of action continue with no response or assistance at all. Mind you, this office is in trouble for accessing office workers' files, with no approval. hippa. That action they know, is a definite no no. This happened to another office worker, not in this meeting, who is going to the medical boards agency. When I say cursing, I mean f.., b..., hate. Finger pointing, in your face, as they say. Because my sister minds her own business as well as the other person cursed, does the same, I think the ranter is trying to use my sister and the other lady they cursed for an escape goat. My sister quit, as well as the other lady. I told my sister to go back to work on Monday, as well as the other lady, and stay there because when the med agency comes in, since they don't work there anymore, there is nobody to defend anything that might be said. What do you think?
Submitted: 9 months ago.
Category: Employment Law
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

I am sorry to learn of your sister's situation.

While I do understand your advice, your sister can probably accomplish the same goals (protect her reputation as well as ensure a defense against any inquiry) by retaining an employment law attorney and filing suit against the employer for wrongful termination (in your sister's case it is "constructive termination" since she voluntarily quit following this harassment).

If she has already quit, returning to work is probably no longer an option (even if she wanted to deal with the abusive situation) because she "voluntarily" left her employment she no longer has a basis to show back up at work.

If there is any inquiry into her conduct specifically, she will be contacted. (I always recommend retaining counsel if you are investigated for wrongdoing by a government agency, even if it is not law enforcement in an arrest - this is because administrative action can result in far reaching consequences, and attorneys have experience in how to handle these situations and can help you answer these inquiries appropriately, you don't "look guilty" - you simply are being prudent). She can answer the agency's inquiries at that time, and deal with any inquiry or issues there (it is unlikely that this company is going to be able to pin their history of misconduct on an employee by simply belittling them).

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