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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3694
Experience:  Civil litigation attorney for individuals and businesses.
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Hi, I live in Dumfries, VA. I have reported being harassed

Customer Question

Hi, I live in Dumfries, VA. I have reported being harassed by a customer to my employer (FedEx Office) March 2010. I was told they will take care of it by sending a letter to her asking her not to come back to my store; I have asked for the results of this letter and was told their Lawyers were working on it to get the wording just right. This is the answers I’ve received each time I have enquired. This customer came back to my place of employment last Thursday for the first time sence Mar; I was off but my team member that was covering that day from a different store told me how this person came in and bad mouth me to her and my manager and asked about my schedule; saying her wanted to be sure not to come in when I’m there but in the past she has done this but always seem to show up when I’m there. This team member didn't know anything about what had happing. I've been told by other team members this customer has done this at other stores. I would like to press Stalking charges against her and sue her and her company; make FedEx Office fix this issue. I get upset everything her comes into the store and have said so to FedEx Office. HR and the District Manager both has asked me in the pass if I felt the customer would come in and shoot me or do something harmful to me and I said while I was crying and upset about everything I didn’t know what she was capable of. I have copies of my documentation sent to FedEx Office Area Managing Director, District Manager, HR and Security. Do I have a case? If you think I have a case please email atXXX@XXXXXX.XXX or call XXX-XXX-XXXX but went until I’m off at 9pm. I’ll be in my car around 9:20pm.
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer, I would like to assist you today.

William B. Esq. :

I am sorry to learn of this unfortunate situation. I need to ask, are you trying to sue your employer, or are you trying to get a civil restraining order against this individual so that she can no longer come around you? These are two very different questions (one involves a lawsuit against your employer with some difficult claims, while the other involves a petition to the local court asking that the judge issue an order not allowing this individual to come around you under threat of arrest).

William B. Esq. :

Please advise and I can respond appropriately. Best regards, Bill

Customer:

I don't know about a suit against my job. I didn't think I could sue them. I do want them to stand by what they say. I don't think they have done that.

Customer:

I'm going to the local court tomorrow.

William B. Esq. :

I don't know if you would have a very strong case against your employer (you would really need to speak with a local employment law attorney to review the specific details of your case before trying that type of lawsuit - they are tough claims).

William B. Esq. :

But as far as a restraining order, I can give you some information on those.

William B. Esq. :

A civil restraining order requires that you show by clear and convincing evidence that you have a bona fide fear of imminent physical harm from the individual you are petitioning against. If you can show this to the judge, that will

William B. Esq. :

The Virginia Courts have a very helpful website to help you get the necessary forms and information to make your case: http://www.courts.state.va.us/courtadmin/aoc/judpln/programs/afapo/home.html

Expert:  William B. Esq. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  William B. Esq. replied 1 year ago.
Dear Customer,

My system showed that you went "offline" towards the end of our chat function. I wanted to make sure you had the link to the Virginia Court website for civil restraining orders.

http://www.courts.state.va.us/courtadmin/aoc/judpln/programs/afapo/home.html

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!
Customer: replied 1 year ago.

This is a copy of my 1st letter to Fedex.

 

 

March 20, 2013

 

To whom it may concern,

I Wanda F Richardson am reporting harassment by customer Ms. Dawn Parker. I do not feel I’m working in a safe environment nor treated with respect and dignity with regards XXXXX XXXXX Dawn Parker continuous harassment.

As of March 19, 2013 Ms. Parker has made three accusations to the best of my knowledge regarding my work ethics. She has continuously called Customer Care fabricated stories about me; whereas I can’t work under these conductions. I never know what to say or not to say to her for fear of losing my job. It’s very stressful, to feel like you’re on needles and pins every time she comes into my work place. I’ve tried to let my co-worker assist her most of the time when she comes into the store if he’s available. As he did on March 19, 2013. When there is no one available other than me in store, I smile and say hi Dawn how may I help you today. I take care of her needs and say thank you; all with a smile.

The problem is as I see it;

1) Ms. Parker told me that she was going to report me on two of the incidents so she knows I know that she called.

2) Ms. Parker realizes I’ve been trying to stay out of her way and keeping all conversions professional.

3) Ms. Parker sees how I interact with my other customers by keeping it professional but they share with me what’s going on in their day to day life as I assist them. My other customers may joke about something and show a connection with me as we smile.

I never thought it would come to this but this is the 3rd time Ms. Parker has made a complaint and the 2nd time I’ve had a witness. But, she still has been allowed to come back into my work place and single me out.

I’m asking FedEx Office to protect me from her accusations/harassment by filing a formal complaint on my behalf with the courts for a stay away order or keep her from coming into my work place; per FedEx Office policy prohibiting discrimination and harassment from customers. This could be looked at later as me being an incompetent employee! I would like to see a few things happen.

1) I’m asking that all complaints made by Ms. Parker to be deleted from FedEx Offices system or clear my name of any wrong doing:

a) By adding follow up to all complaints as to what the findings were.

 

I’m also adding additional information regarding March 19, 2013 incident. See below.

 

 

Incidence Report 03/19/2013

Per David:

About a month or two ago, whiles I was serving customers at the FPOS, I observed Dawn Parker (Account holder Customer) used our white envelopes (padded paks) as filler on at least two occasions for her ground shipment in our store. I therefore mentioned my observations to Wanda Richardson.

Dawn was in our store today around 3:30pm to do ground shipping, her box was half full and she asked me what the best way to fill up the box is. I obviously offered “pack and ship” but she appeared/pretend she does not understand what I was saying, Wanda who was close by tried to explain to her that I meant we offer “PNS” or she could buy a filler to fill her box. Dawn got a little agitated and Wanda said she was just trying to explain to her what services we offer for “PNS”.

 

Per Wanda:

The last time Dawn came to do her usual ground shipment, she again used the white envelopes (padded paks), I drew Dawn’s attention and said I’m sorry but you’re not allowed to use the padded paks for fillers, she was not happy with me but said she would not use them again.

During our conversation Dawn also said she using US postal because they are cheaper and also they allow her to use their boxes and supplies. I said “oh okay” she then said “you don’t have to seem so pleased”. I said that’s not what I meat. Dawn then said “that was not the way she perceived it”. I walked away and went to the printing area. I thought it was best not to say anything else.

Ms. Parker always seems to perceive anything that’s not to her liking the wrong way. Not only with me but with my Mgr. Juan and she have reported my previous Mgr. and previous DM Mike. She reported Crystal City FedEx Office previous Mgr. Tim C. and a few of the employee’s at Crystal City, said they were just not helpful and started coming to our store.

 

My 2nd letter

 

April 5, 2013

XXX-XXX-XXXX

 

To whom it may concern,

I submitted a letter on March 19, 2013 regarding an incident with an out of control customer Ms. Dawn Parker. I have not received any formal written response to what the plan is to handle my complaint of harassment against Ms. Dawn Parker. I’ve been told everything has been documented. I would like to request a copy of all interviews, conversations that has taken place regarding my request and what plan has been put into place for my protection. I would like some type of formal report regarding this incident in reading. Until I receive this in writing I’m submitting to you this letter to be place into my HR file; based on what I remember of the incident.

To the best of my knowledge these are the conversations and dates of events I’ve had with others. If anyone disagrees with me, please put it in writing and send it to me. If it’s not in writing; otherwise these events are correct.

On March 20, 2013 I called my manager Juan in AM asking him if he had seen my email from the previous night. He said yes and had shared the email to XXXXX XXXXXson. I told Juan I would be in early to complete the letter that day. After arriving at work I received a call from XXXXX XXXXXson (Lisa) asking me to review the events on March 19, 2013 with her. After I reviewed everything that had occurred, Lisa informed me she had shared my email with Todd Addis, Tammy Jordan, Lawyers, XXXXX XXXXX and others. I informed her; I was completing my letter and would send it to her. She asked me if I felt Ms. Parker was a threat in any way or did I think she was capable of coming to the store with a gun. My response was I don’t know what she is capable of because I’m unable to read her. Lisa asked me to change my schedule from closing the store to the mid shift so I would not be working along in the store until the issue had been resolved. I agreed to the change. She also informed me that there were a few possibilities of what could happen.

  1. FedEx did not want to go for the stay away order at this time, unless Ms. Parker continued with her behavior.
  2. Speak with Ms. Parker and ask her to continue to go to US Postal Service
  3. Speak with Ms. Parker and ask her not to come to my store again
  4. Maybe a separation letter would go out to her.

On March 26, I received a call from Tammy Jordan (HR) informing me she had been told what had happen and said she was sorry for not contacted me until now. She asked me what had happen on the date in question. After I updated her, she asked me if I thought Ms. Parker was a danger. I said again I don’t know how to read her. Maybe not the type to have a gun but I could see her throwing something on me but I just can’t read her. Based on my interaction with her; she’s like Sybil. You can be talking with Ms. Parker and everything is going okay and the next thing you know she’s upset with you. I try to stay away from her. I also said I would be working at a different locating starting that Sunday March 31, 2013 until Thursday March 28, 2013, I said maybe everything would be taking care of by then. I have had no confirmation of what action if any has been taken as of April 5, 2013 1200noon.

I would like to know if Ms. Parker was told to stay away from the store I’m currently working at #2171 as planned. I will not change my schedule again to feel comfortable in my work environment. I’ve asked FedEx Office to fix this issue of being clearly harassed by Ms. Parker. Per our FY13 Team Member Handbook, Chapter 4. Business Conduct and Practices page 39.

I respectfully XXXXX XXXXX copy of all collected information regarding this issue because I was told there has been no previous information found on record regarding the 2 other incidents with Ms. Parker. Luckily there were still a few employees working for FedEx Office that could speak in my defenses. Raishawn Ford and Samantha Boyd. Janice Melvin, XXXXX XXXXX, XXXXX Maldonado has also had incidents with Ms. Parker. Did anyone follow up with them to get additional information?

 

Sincerely,

Wanda Richardson

 

Cc:

 

 

 

Expert:  William B. Esq. replied 1 year ago.
Dear Customer,

I am not able to assist you with specific legal advice or instruction (meaning I cannot assist you with a detailed review of your letters or the detailed facts of your situation). What I can do is provide you with general legal information regarding claims, causes of action, or legal remedies available to individuals in situations such as the one you are describing.

If I understand correctly, you are in a situation where you work in customer service. There is a customer that frequents your store that you find to be harassing and, while you are not certain, potentially dangerous. Your employer has taken no immediate action regarding this situation despite complaints.

As we discussed earlier, you have the option to pursue a civil restraining order in your local court. You can do this without your employer's help or approval.

If you wish to take action against your employer for failing to provide a safe work environment, you may be able to file a claim for a "Hostile Work Environment." These claims are very very specific, and must be based on persecution of a "protected class" such as race, sex, or religion. I would strongly advise you to go see a local labor law or employment law attorney if you wish to pursue a claim against your employer in this matter.

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William B. Esq.
William B. Esq.
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Civil litigation attorney for individuals and businesses.