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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19957
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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On Tuesday Dec. 20th I had a verbal dispute with my

Customer Question

On Tuesday Dec. 20th I had a verbal dispute with my immediate boss concerning his constant cracking of jokes. The types of jokes he told consisted of beastiality acts. I immediately wrote an e-mail to my HR dept. and to his boss. The email consisted of the disgusting things he said. I also quoted EEOC and reminded them of protection against retaliation under EEOC. On Dec 26th HR set-up a Conference call for the 27th. Myself, immediate Boss (Jeff), and his Boss (Wayne) made it on the conference call. However HR never got online. I was told it would be rescheduled. A few minutes later I saw that my work email had been completely wiped clean. The next Day Wayne called to tell me that the current HR lady was no longer with the company. He proceeded to ask me if my intentions were to remain with the company. I said Yes I am still legally employed by the company. To this day I have Not been given any hours to work. Nor have I been contacted by anyone at main office. How can I proceed?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I work in FL. The company is based out of NJ
JA: Has anything been filed or reported?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Legal
Expert:  Marsha411JD replied 1 month ago.

Hello,

Thank you for the information and your question. I will need some clarification from you on a few issues. Under what basis are you claiming discrimination? In other words, did you advise your employer that you were being targeted because of your gender, race, national origin, age (over 40), religion, disability, pregnancy, or military service with these "jokes?" Also, does your boss do this with all of their employees? Are you an in-house employee in Florida or do you work remotely in Florida? Have you tried to call to speak to your boss's boss again since that day in December to see why you are not being scheduled for work? What kind of work do you do?

Customer: replied 1 month ago.
Name of the Main Company is Redwing Electric out of NJ I am working with one of their dba's Crosslink wireless.
I am in-house. yes, these jokes are made in front of other co-workers. I climb cellphone towers. But was hired into Crosslink to be an electrician. Mostly the work is telecommunication construction. the sexual jokes had been on-going for 4 weeks. But on the day of the dispute the straw that broke my back per say was; I was explaining to my boss how I had cleaned-up and picked-up so we could leave because we were complete. He wanted to argue with me about how clean we were leaving the site. I under my breathe stated "Jesus Christ" At this point my immediate boss (Jeff) then purposefully stated loudly and over and over , "I am Jeseus Christ, I am Jesus Christ, I am Jesus Christ, I am Jesus Christ" At every point I feel as though Jeff only wants to Argue and or create a Hostile work environment. Not only have these comments and actions been directed to me but also to co-workers as well. These actions I witness and also take offense to. I have contacted his boss (Wayne) and he states he simply has No work currently. But, When I contact co-workers via phone, they are working.
Expert:  Marsha411JD replied 1 month ago.

Thank you for your reply, however, I don't see where you responded to my question about whether or not you have contacted your boss's boss since your last discussion in December to ask why you are not being scheduled. Can you tell me if you have and if so, what they have said the reason is?

Customer: replied 1 month ago.
I answered that in the last sentence
Expert:  Marsha411JD replied 1 month ago.

Sorry, I see it now. Not sure how I missed it before. Give me a minute to write my answer and I'll get back to you as soon as I can.

Expert:  Marsha411JD replied 1 month ago.

I can't really second guess whether what the employer is telling you is true or not, about not having any work for you. However, if you believe that you are being retaliated against for complaining of the religious and, apparently, sexually oriented statements from your boss, then you have a few options. One is to file a complaint with the EEOC. However, in order for your complaint of discrimination, which must be present in order to have a hostile work environment complaint, to be successful, the behavior must be determined to be "severe and pervasive" and you must have exhausted your remedies within the company to resolve the information.

The EEOC will attempt to resolve the issue initially by asking for mediation by the parties. If that doesn't get it resolved, then they will investigate and make a decision as to substantiation or not. At that point they can either issue you a right to sue letter which you will then need to find your own attorney to file suit, or they will take your case themselves to file suit. Your other option that may be faster is to sit down with a local employment law attorney and discuss the details of this issue and see if they think writing a very pointed letter to your company's headquarters outlining your position about what has happened and giving them an opportunity to make things right before you decide to take legal action, might work in this case.

Please feel free to ask follow up questions if you have them. If none, if you could take a moment to let me know I have answered your question and also to leave a positive rating in the ratings box at the top of the page, then the Site will give me credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 month ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 3rd. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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