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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12739
Experience:  B.A.; M.B.A.; J.D.
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To whom it may concern: Im not sure if my problem falls

Customer Question

To whom it may concern:

I’m not sure if my problem falls under labor law. Although I was definitely harassed for over two years, it was not over age (60), race, sex, etc. Below is the very short version of my ordeal.
I was terminated from a job I held for over six years in 2007. I put my hands on another employee in anger because he (and others) continuously called me Ricky. Between the oncoming recession, age and my termination, work was difficult to find.
I held three short term jobs. The last one a supervisor from another department refused to stop calling me Ricky. I opted to leave.
I started working for S.T. Johnson Company on February 17, 2011. I felt very fortunate to land this job and was committed to keeping it. For the next two plus years, I endured almost constant harassment from the President of the company, the management, down to the latest new employee. I was called Ricky on three separate occasions during my time there and always dismissed without a second thought.
Still I gave my best every day. At home, I was dealing with finding a home for my elderly mother who is dealing with dementia that is getting progressively worse. I would hear comments at the home that were very similar to comments I heard at work. It happened often enough that I was convinced it was not coincidence.
In February of this year, I had a mild stroke. I worked hard and was allowed to return in March on a limited work load. I perceived Todd (Director of Operations) as disappointed that I wanted to return. I felt he wanted me to go on disability. He said he couldn’t afford to pay me and a temp.
As I got stronger, they laid off the temp. I worked a few weeks alone. Around the first of June, to my surprise, Steve was hired to work in the stockroom with me. He is an obese man who carries a towel to wipe the continuous sweat pouring from him. The temp was physically fit. His second day there he called me Ricky. We had words.
On June 12th, Todd reprimanded me. I said I would start looking for another job. The next day he fired me.
This is truly a conspired effort of my former employers to punish me! I have been wronged. I am not sure I will ever get another job. I will certainly be apprehensive of any new employers.
I thought employers could not divulge specific information of past employees. Do I have any recourse?
Thank you
Rick
Submitted: 10 months ago.
Category: Legal
Expert:  Phillips Esq. replied 10 months ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

Good Morning Rick:

I am truly sorry to read about your ordeal. As for the Attorneys who are too busy to take your case, that is just a translation that the case is not an easy case for them to handle and therefore they do not want to spend their resources on it.

Even if you were not mistreated on prohibited grounds of race, age, gender, national origin, or the like, you may have a claim for Intentional Infliction of Emotional Distress if your former employer’s mistreatment has caused you to seek medical treatment including therapy for your stress. In order to prevail on your claim of Intentional Infliction of Emotion Distress you need to show that (1) your former employers acted intentionally or recklessly; (2) the employers’ actions were extreme and outrageous; and (3) the employers’ actions were the cause (4) of your severe emotional distress.



Intentional Infliction of Emotional Distress is a tort, in the same class as personal injury. So, you may consider retaining the services of a local personal injury Attorney to assist you with your case. You can use the following site to find local personal injury Attorney who can assist you with your case:




http://www.lawyers.com




http://www.justia.com



Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12739
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 6 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Hi Mr. Phillips,


Thank you, I will take you up on your offer of free additional questions.


1. While looking for work, I was told past employers could not comment on their past employees. Obviously, my past employers have had extensive conversations about me. Would this not be a better point of contention than emotional distress?


2. However I am not ruling out emotional distress. I have certainly been subject to it. It has affected me, I fear going back into the same type of situation. I also fear proving emotional distress would ruin my chances of ever working again. What are your thoughts?


Thanks


Rick

Expert:  Phillips Esq. replied 10 months ago.

Hi Mr. Phillips,

Thank you, I will take you up on your offer of free additional questions.

1. While looking for work, I was told past employers could not comment on their past employees. Obviously, my past employers have had extensive conversations about me. Would this not be a better point of contention than emotional distress?

Response 1: Unfortunately, the information that you have been given is not accurate. There is no federal or state law being violated if the information/reference being given out by your former employer is accurate. Otherwise, you can sue the employer for defamation of character if the information is false. The fear of lawsuits is the primarily reason why employers most often confirm only dates of employment on reference checks or information provided to third parties. However, if an employer decides to go further than that, then care must be taken that true information about the former employee is being given to prospective employers or other third parties. Otherwise, the employer would be subject to a defamation suit.

For more information on employment reference and background checks, click on the link below:

http://www.privacyrights.org/fs/fs16-bck.htm

2. However I am not ruling out emotional distress. I have certainly been subject to it. It has affected me, I fear going back into the same type of situation. I also fear proving emotional distress would ruin my chances of ever working again. What are your thoughts?

Response 2: Hello Rick. You have to do what you think is best for you. You are the one on the front lines and know the lay of the land. So, you are the only one who can make decision for yourself. I am only here to provide you information, which would hopefully steer you in the right direction.

Customer: replied 10 months ago.

Mr. Phillips


Thank you for the free questions. I cannot rate your free answers without being charged. Can you close us out?


 


Rick

Expert:  Phillips Esq. replied 10 months ago.
Yes, I will close it out.

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