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Question

I was terminated from my employer for improper behavior. I was verbally warned by Jim Hancock (supervisor) app. 18 months prior to termination. Employee, Dale Carithers, had told me that I looked nice. I thanked her and later told her by email that she looked nice. She said to Debbie Yonek (supervisor) that she did not know how to take it.

I had a verbal conflict with employee, Ceciely Thornton, and she complained told Human Recourses. She was allowed to take three days off with pay. I was given written notice to not make any comments or improper emails. I also made a complaint against Ms. Thornton in regards to racial comments she had made to me. Nothing was done.

On September 9, 2008, I was terminated because of a comment I had made to a co-worker, Tom Oja, in which another employee heard. This unknown employee complained and I was let go.

Specific incidents of improper behavior of other employees:
The first day I was employed, Debbie Yonek, told me that people make comments and if I was offended, to let her know.

Lori Ewell, co-worker, would make comments of a sexual, racial, religious and just plain crude remarks and was counseled so many time by her own account that it became “a joke” and she had a prepared statement for anytime she was called in by a supervisor.

Ceciely Thornton had made racial statements in the past such as, “give me a cracker, cracker.’ She also made comments about other employees such as XXXX XXXXX. She said,” If he ain’t gay, he is missing an opportunity”

Jeanie Jarrett, employee, would have loud outbursts of anger and would say, “These f**king people!” and “I’m tired of this shit!”

Phil Loveless, employee, had talked about the prescription medication Cialis and how it would help him perform.

Suzanne Hanson, employee, had said to the Unit manager, Greg Tardy, “is that a Gay date shirt?”

Amber West, employee, would often poke co worker Gail Jones in the breast.

Holly Galasi, Supervisor, would often say she was going to kick someone,” In the nut sack.”

Jim Hancock, Supervisor, would walk away when improper behavior was occurring and say, “I’m going back to my desk.”

These are just a few of many occurrences that were not addressed by management.

Witnesses to improper behavior:
Tom Oja
Lori Ewell
Hailey Yagle
Andrea Lankford
Al Izadi

Actions in error by management:
After incident with Ms. Thornton, I was moved, which was correct thing to do, but was moved to another group that included an African - American female, an African – American male, a male of Arabic decent and a White male. This asks the question, when I had the “incident” with Ms. Thornton, was it inferred that I have a problem with females or African - Americans? Either way, this was improper and created a hostile work environment.

Soon after this, the “teams” were moved to a different location. At this time I was assigned four Underwriters. Other persons in my same position, Associate Underwriter, had two or three. Soon after, employee Amanda Foray resigned because she felt she was being treated unfairly. At that time, I was assigned her Underwriters and was told they would not be replacing her. I now had seven Underwriters. This was disproportionate to the other Associates.

At the time of my termination, I was not given a separation notice detailing my behavior that led to my termination.

Other facts that relate to the incident:
Lori Ewell and Ceciely Thornton were both told by me of several private issues including that I had been diagnosed with Depression and was currently being medicated. It was after the complaint that Management made a hostile work environment and one would infer that Ms. Thornton told management as well of many others of my depression.

When I terminated, I met with Holly Bond and Darrell Bull. Several days after, I was contacted by Lori Ewell. She said she was called by Ms. Thornton and told that I was terminated.

After I was terminated, I had to come home and tell my wife that I had been lost my job and why. My wife told me she wanted a divorce and wanted me to leave. This caused me to have myself checked into a crisis center for treatment.

Summation:
Management of this office created an environment where certain behaviors were accepted or overlooked by frontline supervisors.

Holly Bond and/or Darrell Bull violated my privacy by discussing my termination with employees to the point where Ms. Ewell called me to find out how I was.

Management created a hostile work environment by placing me to work with other races and genders, as well as a disproportionate number of assigned Underwriters in an effort to force me to resign. I was successful in working with these conditions.

Management’s improper termination was a result of discrimination based on my emotional status that caused me mental anguish to the point of being institutionalized for several days and the ending of my marriage.

Actions I would like to make:
I would like to take legal action against Liberty Mutual DBA Summit Consulting, Inc. for the discrimination of an employee under the Americans with Disabilities Act.

Submitted: 415 days and 22 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Optional Information

Gainesville, Georgia

Already Tried:
I have spoken with several former employees who are willing to testify, if necessary, to the environment of the office which of which I was terminated and that my behavior is no different than most other employees.

Accepted Answer

Forget the Americans with Disabilities Act, this requires that you have a qualified disability, meaning one that permanently impairs a major life function. You may have a claim of racial or sexual discrimination based upon the incidents you have outlined above in that it appears you were treated differently than members of other sexes and races. You need to file your racial discrimination and sexual discrimination complaint with the state commission on human/civil rights and/or the EEOC and then they will proceed to investigate and issue a right to sue letter based upon the outcome of their investigation.


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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 10/3/2008

Attorney

20+ Years of Employment Law Experience

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