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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53932
Experience:  Licensed attorney helping employers and employees.
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I am being asked to come in on my day off for "some

Customer Question

I am being asked to come in on my day off for "some occurances that happened yesterday". I told them I am away and cannot come in. I suspect they are going to confront me with a situation of which the topic of "did a coworker have a boob job over her time off for the last few days. I set upfront in a showroom with another 60+ coworker. we both noticed that an associate looks like she had received a boob job since her return. My 60+ coworker asked a women if she thought she had a boob job. I did not ask the question. But the three of us were together and the one woman said "no she didn't have a boob job". Both of us said ""really" it sure looks like it. We worn not being rude, just curious. The other woman said "No, she hasn't had one", trust me I have felt them before and they are the same. Again, I didn't ask the question but was ingaged in the conversation. Now, I am getting texts asking me to come in to work. I don't know if this is the reason. But I suspect......I am really worried they are going to try and pin something on me.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Kansas
JA: Is the employment agreement "at will," union, full time or part time?
Customer: By the way....the 60+ coworker is a woman.
JA: Anything else you want the lawyer to know before I connect you?
Customer: not at this moment
Submitted: 1 month ago.
Category: Employment Law
Expert:  Infolawyer replied 1 month ago.

Hello and welcome. I am working on your answer and will be right back!

Customer: replied 1 month ago.
very good. thank you.
Expert:  Infolawyer replied 1 month ago.

are you asking if company could retaliate if you dont come in?

Customer: replied 1 month ago.
They have texted me saying that they are going to call me at 3:00pm. I have no idea exactly what they want to discuss, but I can only think that this is what may be....(as stated priviously stated)....No not as of yet. I am wondering if I should just wait until I come in on Saturday.
Customer: replied 1 month ago.
is the $59 on top of the $33 + $5 I already committed to?
Expert:  Infolawyer replied 1 month ago.

There is only one fee. No phone call fee.

I would have the call and see how it goes.

If they are insisting you come in, ask why, and try to accommodate.

If you cannot explain why, but keep in mind it is an employment at will, so refusing risks termination.

Expert:  Infolawyer replied 1 month ago.

Kindly let me know if that is clear and acceptable. Tried to expedite for you.

Customer: replied 1 month ago.
I am at my mothers home out of town by 45 mins. It is my day off. I have not responded to my Managers text regarding calling me. I want to simply act as if I did not receive the text. It has not be "read" on my phone so I could act as if I have ot received it. Which is very possible on my day off.
Expert:  Infolawyer replied 1 month ago.

Understood, but you do risk retaliation by doing so.

Customer: replied 1 month ago.
I am not obligated to be my phone on my day off. They have no idea that I did not receive the call. True???
Customer: replied 1 month ago.
what if I am on golf course with my mother and don't take my phone?
Customer: replied 1 month ago.
what I would like to talk about more importantly is do they have grounds regarding sexual harassment even if I didn't bring the subject up. My 60+ female coworker asked the other woman about another womans boob job. I was just a bystander
Expert:  Infolawyer replied 1 month ago.

If policy is to that effect, that is fine, but you are familiar with employment at will, and a company can terminate for this reason.

Expert:  Infolawyer replied 1 month ago.

I see no basis for pursuing a complaint against you where you said nothing and did nothing.

Customer: replied 1 month ago.
not sure what you mean?
Customer: replied 1 month ago.
Well, I did have a three way conversation about the female in question. We did discuss it. as a 3 person group.
Expert:  Infolawyer replied 1 month ago.

company can terminate at will.

It cannot claim violation of sexual harassment where you did nothing wrong.

To my mind, better to speak with them and explain you are away than ignore to avoid having it get out of hand.

Customer: replied 1 month ago.
Ok, I will take the call then. I just feel very uneasy. I am surrounded by women. there are 10 woman and 3 men.
Customer: replied 1 month ago.
Is discussing whether or not a coworker has had a boob job with another female coworker considered harrasement?
Customer: replied 1 month ago.
are you still there?
Expert:  Infolawyer replied 1 month ago.
I suggest having the call and seeing where it goes.
Expert:  Infolawyer replied 1 month ago.
I do not see harassment here but I also would not concede making such statements.
Expert:  Infolawyer replied 1 month ago.
If I can clarify or explain anything further, just ask me. kindly rate me 5 stars.
Customer: replied 1 month ago.
I understand. But I sexual conduct is so damned variable.
Customer: replied 1 month ago.
What is right one day is wrong the next day
Expert:  Infolawyer replied 1 month ago.
It is indeed quite variable so the key is to remove yourself from it and not admit to any participation or saying anything offensive.
Expert:  Infolawyer replied 1 month ago.

Please rate me 5 stars for the answer.

tried to expedite your question.