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Michelle
Michelle, Paralegal
Category: Legal
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Experience:  31 years of experience in criminal, real estate, juvenile and family law
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I got terminated from my job in December for harrassment ...

Resolved Question:

I got terminated from my job in December for harrassment b/c an employee felt uncomfortable working with me due to a comment I made during a discussion we were having. The company sites a zero tolerance policy on matters such as this. I found out yesterday that an employee (male, operations mgr) in a different store (same company) made a lude gesture to the store manager (female) and she (the manager) is adament about not feeling comfortable about working with this manager (male) and wants him transfered out of the store. My question is this...If he gets written up and transfered and not terminated for harrassment (remember company has a zero tolerance for harrassment) and I did get terminated is there some course of action I could take against the company for not being consistent with their zero tolerance policy?
Submitted: 6 years ago.
Category: Legal
Expert:  Michelle replied 6 years ago.

Dear crnation

You can file a discrimation case with the EEOC - click HERE for that information. If you can show that you were terminate because of their zero tolerance policy and that it is not consistent and they let him slide because he is a male and you were fired because you are a female, or because of your race, age, religion, etc then you would have a lawsuit. If you cannot show that your termination was because of a discriminatory factor then they would be able to say they can use thier policy to their discretion. That is what you need to keep in mind - policies are not law and they are always discretionary except where you can show and prove discrimination.

Best to you in this matter,

 

 

Michelle, Paralegal
Category: Legal
Satisfied Customers: 4136
Experience: 31 years of experience in criminal, real estate, juvenile and family law
Michelle and 15 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Michelle's Post: I am a male also
Expert:  Michelle replied 6 years ago.

Dear Customer

Well, again unless you can show there was some discrimation when applying the zero tolerance and then now NOT applying it - it is a policy that they can change when, how and where they choose. You would need to show they applied it to you and not this guy because of race, religiion, sex, disability, etc.

Best to you

 

Michelle, Paralegal
Category: Legal
Satisfied Customers: 4136
Experience: 31 years of experience in criminal, real estate, juvenile and family law
Michelle and 15 other Legal Specialists are ready to help you

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