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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 11641
Experience:  JD, MBA
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My manager this evening told me my question regarding

Customer Question

My manager this evening told me my question regarding fairness was "bitching" and it's better to worry about myself. Then proceeded to argue after I said I was uncomfortable and wasn't at a place to talk. This was all in front of employees and guests. I was then followed into closed doors with a raised voice and was threatened to be sent home. I again asked him to stop. Went to another manager to explain my reservations and was told to complete a job function first. I again stated I was uncomfortable and felt attacked and bullied. I then asked for the proper procedures to make a statement of harrassment or file a good faith code of conduct complaint and was told to not worry about it and leave the building. I then contacted my GM/Managing partner and received no response. I have been bullied, humiliated, and am unaware of my standing with a company I've worked for for almost four years. What is the proper procedures and next step to take? I am employed by Darden Restaurants at Seasons 52 in Plano, TX.
Submitted: 4 months ago.
Category: Employment Law
Expert:  TJ, Esq. replied 4 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. What is your goal in this situation? I just want to make sure that I understand what legal information you are seeking. Thank you.

Customer: replied 4 months ago.
I believe that I am in either suspension or termination. I'm also very intimidated and worried that if I go to a supervisor to voice my concerns they will retaliate. Not one write up or any documentation on my record. I was told tonight that I was replaceable. I feel I need to file harrassment or violation of code of conduct/ethics. Not sure of the proper term. I asked three supervisors this evening for proper steps, human resources access, and expressed extreme discomfort and threat. Not one will give me a phone number, email, nor let me write a statement on tonight's events. Where do I go to proceed?
Expert:  TJ, Esq. replied 4 months ago.

Hi again.

Do you believe that the harassment is based upon gender, race, etc.?

Customer: replied 4 months ago.
I don't know. I know I was spoken to in a higher than professional voice, followed/backed into a corner while blocked from leaving. I voiced I was uncomfortable and was threatened with losing my job.
Expert:  TJ, Esq. replied 4 months ago.

Hi again.

The reason I asked if the harassment was based upon gender, race, etc., is because only certain types of harassment is illegal. In most cases, your recourse would be to complain to HR, and then quit if you aren't satisfied with the response. However, if you were harassed because of your gender, for example, then that would be illegal, and you would have the right to file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC would investigate, and if they believe that you were the victim of illegal harassment, then they can help to settle this matter, or provide you with a right to sue letter that you can take to an attorney. So, the bot***** *****ne is that the motivation behind the harassment is quite important.

The reason I immediately thought about gender is because you were told that your question is "bitching." If your boss is a male, and you are a female, then I think that language is very questionable, and would probably give you grounds to file a complaint for gender discrimination. In that situation, I would contact the EEOC:

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.

Customer: replied 4 months ago.
Then yes, gender would be the motive. He is male and I am female. There is not one female in a management position at this location. There were around 35 employees tonight. I was one of 6 females.
Customer: replied 4 months ago.
Also my questions regarding unfairness make "unmanageable" and have been labeled with an "attitude problem".
Expert:  TJ, Esq. replied 4 months ago.

Then I would indeed file the EEOC charge. The nice thing about that is that it is illegal to retaliate against you for doing so. Accordingly, if you get into trouble or are terminated for filing the charge, then that is a separate grounds for a claim against your employer.

You can file the charge by following the instructions in the website that I linked to earlier:

Customer: replied 4 months ago.
Do I file immediately or wait for a response from my employer?
Expert:  TJ, Esq. replied 4 months ago.

You can wait or file immediately, but you may want to give them a couple of days to see how they handle this. They may put their foot in their mouths even worse.

Expert:  TJ, Esq. replied 4 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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