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What happens if the employer/ceo swears at me using dirty…

Customer Question
Hi what happens if...

Hi what happens if the employer/ceo swears at me using dirty words

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Hr,yes but he bias towards the ceo , obviously

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

No union salaried

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It was last year l left the company already

Submitted: 3 months ago.Category: Canada Law
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Answered in 1 minute by:
3/29/2018
Lawyer: DMWEsq,
 replied 3 months ago
DMWEsq
Category: Canada Law
Satisfied Customers: 13,233
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Could you describe the nature of the words the person used?

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Customer reply replied 3 months ago
he was like:" f**k you." for getting some ROE dates wrong when I was correct.
He say this to other employees, like he swears all the time.
But I am a lady who is never married, when he said this is was not only embarrassing but disgusting.
Also the other day, he was like :" Kathy, you have to pull your head into your ass." when I just accidentally by mistake deleted one of the files he created.
Lawyer: DMWEsq,
 replied 3 months ago

I see. Does he speak to other female employees the same way?

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Customer reply replied 3 months ago
There is another older lady, who told me that he used to talk to her like this before as well.
Also, the guys / mechanicals tell me that he used to talk to other accountants like this as well, who were left the company already.
Customer reply replied 3 months ago
I have already left the company as I felt really bad working with him.
But it's has a negative impact on my future employments, and I haven't work for a year.
Not sure if I can get some sort of compensation by the company or at least solve this privately.
My cell phone is(###) ###-#### if you can call that would be great.Kathy
Lawyer: DMWEsq,
 replied 3 months ago

I see. So, on one hand, it is possible that if he is treating all of the female employees like this, it is a violation of the law that prohibits employers from discriminating or harassing people on the basis of their gender.

Also, you may have individual action for intentional infliction of emotional distress.

Intentional Infliction of Emotional Distress Occurs means that if someone is intentionally causing severe emotional distress in another, then you may be able to recover for any physical damage that occurred because of the distress or simply for the distress alone. A way to measure it is to look at things like therapist bills, lost wages, medications, and just the general pain and suffering from the IIED.. A prima facie case requires: (1) outrageous conduct by the defendant, (2) intention to cause or reckless disregard of the probability of causing emotional distress, (3) severe emotional suffering and (4) actual and proximate causation of the emotional distress. You may want to consider just writing a formal demand letter advising that you may have a case as a result of their actions. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

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Lawyer: DMWEsq,
 replied 3 months ago

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 3 months ago
can I sue him?
Customer reply replied 3 months ago
or let him know this has harmed me and ask him to reimburse my job loss?
Lawyer: DMWEsq,
 replied 3 months ago

Yes, you could, but you have to act fast if it has been a year.

The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within usually 300 days. The Counselors must advise individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

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Customer reply replied 3 months ago
what do you suggest me to do?
Lawyer: DMWEsq,
 replied 3 months ago

My recommendation is to go to the EEOC about this. There is one in your state and they can walk you through what happened.

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Customer reply replied 3 months ago
It's the states. I am in Canada, Toronto.
Lawyer: DMWEsq,
 replied 3 months ago

I'm so sorry. The system didn't say that that you are in Canada. This means that I have to opt out of this discussion, alert our moderators, and have them shift you to the Canadian website so a legal expert up north can help. Thanks so much and I apologize for the inconvenience.

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Customer reply replied 3 months ago
can we write a letter to him?
Customer reply replied 3 months ago
telling him this still bothers me?
I don't want to talk to him directly but I need to as him or some sort of compensation for the cause.
Customer reply replied 3 months ago
i was always a good employee, and i didn't expect this could happen.
i just feel its offensive when bring this type of words to work place, although it's his own company.
but i really didn't want to call him or talk to me after i left.
Customer reply replied 3 months ago
hello?
Lawyer: Debra, Lawyer replied 3 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,485
Experience: Lawyer
Verified

I am sorry to hear that this happened and also sorry this question was placed on the US law list in error.

I am a lawyer in Canada and happy to help. Do you want to continue with me?

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Customer reply replied 3 months ago
what can I get out of this tho.
I am in Mississauga and the job is in Brampton.
At that time I had a lot of stress at my end, so he disappointed me a lot.
Lawyer: Debra, Lawyer replied 3 months ago

Did you resign because of this treatment?

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Lawyer: Debra, Lawyer replied 3 months ago

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

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