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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 39397
Experience:  30 years in Employment law
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Touch a co-worker on shoulder to ask him yo move over at

Customer Question

touch a co-worker on shoulder to ask him yo move over at work.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Oregon
JA: Is the employment agreement "at will," union, full time or part time?
Customer: 11 years full time Hospital Kitchen non-union
JA: Anything else you want the lawyer to know before I connect you?
Customer: The manager is new,co-worker is new, did not want to hear my side
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ray replied 5 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 5 months ago.

You may want to consider a response here to your hr setting out your side of the events in the matter to make a permanent record to dispute this.

Also consider an EEOC complaint if you feel this is really about discrimination towards you.Often employer actions are a smoke screen when they are trying to replace you with say younger cheaper worker, or race or sex.Filing an EEOC complaint would give you protection from being an at will employee and you can claim retaliation if there is any more adverse personnel actions.

EEOC file here

Expert:  Ray replied 5 months ago.

If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, youcan file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect theaggrieved person's identity. There are time limits for filing a charge.

I think a letter to your HR for your personnel file and an EEOC complaint might be your best means to protect your job and make sure that this doesn't not hurt you as an employee here.

I appreciate the chance to help you tonight.Thanks again.

Expert:  Ray replied 5 months ago.

If you have more followup please just ask.Thanks.