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I have been the victim of slander and have been enduring veiled comments of sexual orientation for a couple of months past. These two men (I am a woman) have successfully taken my job from me, at a crucial time. When I advised the owner of what had transpired, she confronted them and it was admitted that they had lied to her about things I had said/done. It doesn't change the fact that I have lost my job and am devastated, humiliated and thrust back into the job market at a time when it will be almost impossible to find a vacant position in my field.   How do I get justice for this victimization?

Submitted: 241 days and 2 hours ago.
Category: Job
Value: $26
Status: AWAITING CUSTOMER ACTION
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Posted by The Ombudsman 241 days and 1 hours ago.

Answer

Unequal treatment of employees for non-job-related reasons is a violation of Federal labor law. Unfortunately, in order for the employee to do anything about it, it literally requires the making of a "Federal case" out of the matter.

There are government agencies available that might be able to help. You can file a formal complaint with your company, which would be a first step before contacting an outside agency. This is called “exhausting your administrative appeals”. The formal complaint would set forth the facts of what has happened, why it is inappropriate or not factually correct, and what you want done differently. Your situation has progressed past this point, having lost your job, so filing a formal complaint is not going to help you. But it is good that you have the owner "on notice" that lies were told.

Once the formal complaint is filed you are headed down a road which could involve confrontation and retaliation issues. If you get no satisfaction and thereafter file a complaint with the Equal Employment Opportunity Commission, it is likely you won’t need a lawyer, the implied threat of the EEOC sometimes results in resolution through mediation. This would at best result in a change of behavior of the boss, but wouldn't involve the possibility of monetary damages. Your situation has past this point as well.

If your company is a federal contractor another agency, Office of Federal Contract Compliance Programs (OFCCP) might be of assistance. But having already lost your job, this won't help you.

The average person is ill-equipped to fight this out with their employer. Your last resort, and sometimes most effective tactic, is to find a labor lawyer who is willing to take your case on a contingency basis. This means that no up-front payment is required, the lawyer will get paid from the lawsuit proceeds, if there are any.

The bigger the company is that has done this, the more likely that an attorney will take the case on a contingency basis.

Preparing for such a case is a lot of work, not just for the attorney but also for the person who was wrongfully abused, slandered, harassed, or terminated. Be sure that you want to go through with the added effort of a lawsuit before you start a lawsuit, the last resort to change the situation.

Good luck with this.

241 days and 1 hours ago.

Reply

Obviously I have not been clear in my description of the events. I can see now that it is almost impossible to make a blanket statement of advice on this question without knowing more about the situation.

This is a very small community (the total Island has only 150,000 people) and in my industry the pool is almost incestuous, rife with local gossip within the industry etc. and it is extremely harmful to anyone who has been "tagged" as "incompetent", "slow", "troublemaker" etc. I'm sure you get the picture.

I am a chef, and the restaurant where I was working is a seasonal operation with a very small staff. The two male chefs have made it impossible for me to return, even though the owner would take me back. I cannot work in such an atmosphere within such close quarters. The head chef fired me without just cause, and without advising the owner that he was doing so. He did this on the night of our grand opening, after letting me work all day. The opening was featuring one of my artworks that the owner asked me to enter into an auction for charity. She says she is now between a rock and a hard place, since she doesn't want to lose me, but put him in charge of the kitchen.

The reason he gave me for dismissal was "i'm afraid you won't be able to keep up when it gets busy". To me, this is an unfair assumption.. I am well respected in my industry and have NEVER been fired from a job. We had just gotten underway, the restaurant had only been open for a couple of months. I also have seniority over the other male chef, who has only been with us for a few weeks, and who has made it plain that there is not room for the three of us. He is the one who has been lying to the owner about me, went so far as to tell her I was cursing her out. When confronted by the owner, he sheepishly admitted that it was a lie.

I really don't think I can work there again even if asked to come back, but how do I get vindicated? What should I get for compensation? No notice was given. Should I have these men charged with defamation of character? They have effectively ruined my reputation and dashed my hopes of getting ahead in this industry, in which the field is very limited. These kind of incidents circulate like wildfire in this small place. I need some way to retaliate that is legal and professional.. unlike the actions of my peers.

I'm not sure where you are located geographically - but I am on the far eastern seaboard in a seaside, seasonal, very very small place. Provincial and/or Federal government services would be of little use to me in this instance. Should I file a complaint with the Tourism Industry or something similar.

I need clear headed advice as I am devastated, humiliated and concerned greatly for my future prospects. What should I do?

Answer

Thanks for the additional information.

Recovering damages from the people who lied about you is likely to be next to impossible.

Recovering damages from the restaurant owner is also going to be difficult, but if you DID have a judgment against them, it would greatly improve your negotiating position.

It would also vindicate your reputation in the community.

You could graciously "settle" the whole thing for (1) the amount of your lawyer's fees, (2) back pay for the time you were gone, (3) removal of the employees who caused your trouble, and (4) restoration to your old position.

Your challenge in getting to this position will be to find an attorney who will take your case for the contingency fees, knowing that those are your goals.

You MIGHT find an attorney who will present your case so forcefully that the owner might be willing to settle without going to trial. That would be faster, cheaper, and just as effective in making your points and getting your job, and reputation, back.

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Expert: The Ombudsman
Pos. Feedback: 95.5 %
Accepts: 92
Answered: 6/13/2009

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Retired executive after 33 years; able to help with employee issues.

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