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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 41649
Experience:  30 years in Employment law
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To Whom It May Concern: Re: Can a place of employment do

Customer Question

To Whom It May Concern:
Re: Can a place of employment do things of certain nature legally?
I was employed 4 years at a dealership in Knoxville, TN, "owned by AMSI in Florida." I worked in the Accounting dept., and during this time I was matched with a team mate who was very hateful, from day one, she spoke to me with disdain and to other co-workers as well, and she did not train me properly, "although the office mgr. and comptroller instructed her to do so". I was under a lot of stress. When I asked why my teammate was so hateful, I was told "many times" by the office manager, I should not to take it personally, because that was my team mate’s personality.
Aug 28, 2015, I was fired, because I spoke to the HR manager in a harsh voice, which he considered disrespectful. I told him I was sorry, but he replied to me in a very hateful manner that I should be thankful and consider it a privilege just to have a job.
I am due nine accrued days of vacation from my employer, for which I have not been compensated, but I wasn't sure if I would receive it because their amended handbook indicates this, if no longer employed by the company.
At my husband's encouragement, I applied for unemployment, but told by an unemployment rep., the chance of my receiving benefits were very improbable, but if my employer refused my benefits, I could appeal, although I don't know what this entails.
I'm 64, and I filed for my SS retirement, for which I'm supposed to begin receiving Oct 14, 2015, and I'm very thankful to God.
My husband says we should contact the labor board concerning the bullying I endured, during my employment, and "in essence"- he says he endured it as well- because I called him during my lunch break -telling him how hateful my team mate was, how stressful it was, and hated it so badly I wanted to walk out, but my husband would tell me I needed to keep my job.
I can recall many days, how the HR guy would say to me upon my return from lunch, "There’s Pat, she came back" and we would laugh together.
I liked my job, but I hated the atmosphere in my team mate’s area, and each day I came home from work so stressed to the max -to the point, that I dreaded going into work each morning.
I would appreciate a reply.
Thank you,
Best Regards,
Pat Arp ***@******.***
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

I would suggest you file a complaint with EEOC here.You can claim age and sex discrimination.To me they were trying to run you off here because of this and their actions were really directed in this manner.It is illegal to discriminate and to create a hostile environment.Once you file your complaint here then you file for UI benefits claiming constructive termination based on their discriminatory actions and hostile work environment.

You would reference the EEOC claim and include it in your filing for UI benefits.EEOC will investigate and if they issue you a findings letter in your favor you can sue here for wrongful termination against former employer and can seek back wages, legal fees, court costs etc.Often when such a findings letter is issued employer will agree to negotiate or mediate damages.

File EEOC here.

You can locate an employment lawyer here to sue for EEOC discrimination..

Pat it was a pleasure to help you today.I hope you will file with EEOC and then for UI benefits.I hope you will be successful with both.You certainly were not treated fairly as you present here.

Expert:  Ray replied 1 year ago.

If you can leave a positive rating when we are done it is always sincerely ***** ***** Pat.