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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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Last three years I have been working who has been openly

Customer Question

For the last three years I have been working for someone who has been openly disrespectful, insulting, retaliatory. My work environment is intolerable and I have been prevented or otherwise inhibited from doing the job I was hired. I believe this is to ultimately force me to retire. It may also be gender based because of the nature of emails that I doubt would ever go to a male colleague. My question that the mountain of documentation I have may not be within the time limit required to file a complaint. This is a medical school academic Institution and I am tenured full professor.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I am sorry you are experiencing this workplace harassment.

Expert:  Samuel II replied 1 year ago.

Are you wanting to file an EEOC complaint due to harassment based on age and gender?

What is the information I can provide for you, please?

Customer: replied 1 year ago.
I wrote out a lengthy description before....was this not received? Much of the harrassment has occurred over a three year period. I have gone to all the powers that be in the university system to no avail. I am concerned that the majority of the insulting emails etc are from a period beyond the time limit for filing an EEOC complaint. I am a tenured full professor in the school of medicine. I have been marginalized ostracized, disrespected and insulted.
Expert:  Samuel II replied 1 year ago.

Thank you.

I only see your original statement.

And I understand. So you have 180 days to file the EEOC complaint from the last time you made the report to your employer. If you can show that your employer was going to assist or was working on the problem but it was never resolved, then I suggest you could file the complaint and request an extension on the time.

However, if the harassment has stopped, then it is possible the employer has been successful in their attempts to quell the harassment.

Customer: replied 1 year ago.
It has not stopped there are times that there is no discussion or contact. so there is a long term pattern that has been established. I met first with the Dean of research the then Dean of the school of medicine, the Dean of faculty Affairs (several times) and the Provost of the University several times. I also met with the union. The issues are gender and age and creating a toxic environment that ultimately prevents me from doing my job and presumably would make me retire.
Expert:  Samuel II replied 1 year ago.

Thank you

If it hasn't stopped, then you 180 days has not begun to run. You can take it to the last incident. Has that been within the past 180 days? If yes, you can file the complaint and you can use any and all emails or other evidence to show the ongoing pattern

Expert:  Samuel II replied 1 year ago.

It appears you can establish the pattern of harassment. And that you have taken in house measures to try to get it stopped. That is what you will detail in your complaint. Start with the latest incident and go back

Expert:  Samuel II replied 1 year ago.

In the meantime, once you file the complaint you have protections to keep from being terminated.

Customer: replied 1 year ago.
Thank you this helps a lot.
Expert:  Samuel II replied 1 year ago.

I know this is frustrating for you. But file the complaint, starting with the most recent incident. Provide all your evidence. And let it fly. It appears to be your only recourse.

Expert:  Samuel II replied 1 year ago.

And if the last incident was more than 180 days, I suggest you can request the extension based on you were working with the employer and the Union but to no avail. So that is why you did not file sooner.