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Attorney2020
Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2579
Experience:  I have significant experience in employment law.
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My husband worked company A that was bought by another

Customer Question

My husband worked for a company A that was bought by another company B. At the time Co B had the intentions to start a stainless department. It never happened. His boss from Co. A left because of the unethical treatment he was having. From day one the Co B head shop guy was treating him with disrespect. It seem like anything my husband (Joe) did was not good enough. Joe has over 25 years experience and made suggestions that either saved money or impressed customers where ever he worked including Co. B. The leadman (Cory) bucked him anyway he could from suggestions, to deny overtime when everybody else was working. Joe was bounced from Plant 1 to Plant 2 serveral times. Finally he was at Plant 2 with a new boss. He was happy and things seem to go very well until the (Cory) from Plant 1 came to Plant 2. It started all over again. Joe was not asked to work overtime when everybody else so one day he asked Cory again why. Cory would not answer. Joe kept insisting for an answer. Cory could smell alcohol and demanded Joe get tested. He complied and the next day Joe was dismissed from his job. Joe did not drink before he went to work that day. Joe was denied unemployment because of the o tolerance rule. The rule states the company could either suggest counceling or loss of job. The company is well aware of Cory's unethical practices but still this treatment goes on. What can we do?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Attorney2020 replied 2 years ago.

Why do you believe your husband was mistreated? Was it de to his race, gender, religion, age or disability?

Customer: replied 2 years ago.
I believe it was age, Joe is 57. But like I said this Cory has been bully him since day one. One more thing Joe never was asked to fill out an application for Co. B. I don't think his work experience was ever acknowledge. Most of the men that were transferred from company A were let go or left. The unethical practice of this Coryis known by everyone in the shop.
Expert:  Attorney2020 replied 2 years ago.

Bullying alone is not illegal in the workplace. However if the bullying is done as a result of someone's age, that is unlawful harassment and discrimination under federal law Title VII. The options are:

(1) Schedule an appointment wit a local employment attorney for a free consultation to understand your rights;

(2) Simply forget about the conduct and move on.

Since he was dismissed from the job he cannot report the conduct of Cory to the human resources department for an investigation.

Here is a link to an Wisconsin employment law attorney for consideration: http://www.fox-law.com/Attorneys/Peter-J-Fox.shtml

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your consideration. Thank you.

Customer: replied 1 year ago.
I'm sorry but I don't understand. Our children are learning about bullying and the consequences and your telling me adults don't have consequences? Not a good example. There was no hr department to go to and the people that saw what was happening didn't want to get envolved because they were afraid they would loose their job.
Expert:  Attorney2020 replied 1 year ago.

Bullying in the workplace is not illegal unless it is based upon a protected characteristic. Although it may not be right, that is the present state of the law.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your consideration. Thank you.

Expert:  Attorney2020 replied 1 year ago.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Customer: replied 1 year ago.
I don't feel the passion for your position. Walking away is unacceptable. The answers you gave was something I already heard.
Expert:  Attorney2020 replied 1 year ago.

The court does not take passion into consideration when interpreting the law. You can look to retain counsel to see if it would represent you. And the fact that my answer was already something you heard of should not prevent you from rating me. I assure you will be hearing the same answer to your question again and again because that is the correct answer. The value of my answer should save time, costs and uncertainty in connection to pursuing such a claim or incite you to find local counsel to represent you. Anything I say to you will not change the law.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.