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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 10009
Experience:  JD, MBA
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Hello TJ, Esq. Follow-up

Resolved Question:

Hello TJ, Esq. A Customer Care Representative has scheduled a follow-up on Tuesday, October 8th at 3:00 PM PST.


Here is a link to the previous conversation: http://www.justanswer.com/employment-law/80wyk-laws-governing-performance-improvement.html

Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello. I am available on the 8th, but not at 3 PM PST. I am available on that date between 6 PM PST and 9 PM PST. Please let me know if that time frame works for you.

Thank you.
Customer: replied 1 year ago.

That time works much better for me. How about 7:00 PM PST?

Expert:  TJ, Esq. replied 1 year ago.
Yes, that will work. I will be available to chat at 7 PM PST (10 PM EST). Talk to you then.
Customer: replied 1 year ago.

Confirmed. Carolyn

Expert:  TJ, Esq. replied 1 year ago.
Thank you, Carolyn.
Customer: replied 1 year ago.


Hello, did you receive the documents for the follow-up today?

Expert:  TJ, Esq. replied 1 year ago.
Hello. Yes, I received the documents.
Customer: replied 1 year ago.


I'm here.


 

Customer: replied 1 year ago.

How do we begin - do you want to tell me your legal opinion of the 12-page document?


 

Expert:  TJ, Esq. replied 1 year ago.
Hello again, Carolyn.

Why don't we start by you clarifying what your ultimate goal is, and what legal information you are seeking.
Expert:  TJ, Esq. replied 1 year ago.
I believe I had already explained the law regarding at-will employment, and the fact that there are few exceptions, but that gender discrimination is one such exception.

When ask me for a legal opinion of your document, are you asking me whether you have facts sufficient to prove gender discrimination?
Customer: replied 1 year ago.

Are there facts contained in my document that shows signs of harassment, discrimination? Perry mith said it was illega if out of the goodness of your heart that you submit emails of harassment - prior to the PIP because after these harassment accusations are filed, a pip is illegal.


 

Expert:  TJ, Esq. replied 1 year ago.
That's not quite right.

It is not illegal to give a PIP after the person complains about harassment. Rather, it is illegal to retaliate against an employee after the person complains about harassment. Perhaps it would be foolish for an employer to give a PIP after the employee complains about harassment because many people may assume that the PIP was given in retaliation. But it's also possible that the employer has plenty of evidence to indicate that it was not retaliation at all.
Expert:  TJ, Esq. replied 1 year ago.
Your document certainly indicates that there could potentially be illegal harassment and discrimination. But that, unfortunately, doesn't necessarily mean that you can prove that you were illegally harassed. In order to prove illegal harassment and discrimination, you must prove the employer's motivation. That is extremely difficult.
Expert:  TJ, Esq. replied 1 year ago.
Do you have specific examples of being mistreated because of your gender?
Customer: replied 1 year ago.

None of this type of treatment was exercised with the males he lead. In meetings - he only bossed me around like I was his slave. He never called Paul up and sad his email was wrong, his BRD was not testable, each and verythin he could criicize of me he did. He wasn't interesting in chastising the males.


Customer: replied 1 year ago.

 


You replied



Tuesday, October 08, 2013 10:45 PM EST




None of this type of treatment was exercised with the males he lead. In meetings - he only bossed me around like I was his slave. He never called Paul up and sad his email was wrong, his BRD was not testable, each and verythin he could criicize of me he did. He wasn't interesting in chastising the males.


Customer: replied 1 year ago.


Wha about the cases where he was toally reactive - never proactive - never listening to my side of the story - never giving me a chance to voice my opinion of the situation.


 


Can you give me an example of illegally harassed?

Expert:  TJ, Esq. replied 1 year ago.
Hello again.

Unfortunately, the fact that your boss never treated males in the same way is not likely enough evidence by itself. What about other females? How were they treated by comparison?

Illegal harassment occurs when the harassment is based upon a protected characteristic, such as gender. For example, it would be illegal for your boss to mistreat you because he doesn't like women. It would not be illegal to mistreat you if you simply doesn't like your personality ... even if you also happen to be the only woman and the only person who is mistreated. It is the motivation behind the employer's actions that is key.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 10009
Experience: JD, MBA
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TJ, Esq.
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