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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20395
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My co worker who is the only other warehouse employee and

Customer Question

My co worker who is the only other warehouse employee and the one that tells me what to do called me a bitch in front of another senior employee on friday. On monday, I'd like to speak with the owner, present her with the document I've pasted below, and request a severance. Is this a good move? I live in NJ, am a 23 year old male.
Letter of Complaint
Complainant: Sean Sweikow
Department: Warehouse Contact telephone:(###) ###-####
Case 1
Date: The week of february 29th, the second week that me and Jose had begun.
Persons identified as witnessing,part of or causing the workplace problem: Mario, Jose, and Sean.
Location: Me in the bay near the dividing wall, Mario by the kitchen, and Jose in the break room.
The situation: I am moving towards the loading bay to unload boxes and Mario says “Come here!”, so I move towards him because I thought that he has work for me. When I get there, he’s moved to the break room and says to Jose “I told him to come kiss me so he comes running”. I say “no, you said come here so I thought you had work.” This is the end of the incident.
Case 2
Date: Beginning when I began to work more intensively in the Packing area when warehouse was fully worked, roughly march 15th
Persons identified as witnessing, part of or causing the workplace problem: Mario, Koljak by the stainless steel table, Ahmed by the computers, within ear and eye distance of the other employees, Sean
Location: My workstation at the stainless steel tables closest to the packing supplies. Mario on the other side.
Incident: As I began to work in the front more often, Mario would increasingly say things like call me a girl or thrust his hips. This began slowly and began to happen as often as five times a day in the coming week.
Case 3
Date: Friday, March 25th
Persons identified as witnessing, part of or causing the workplace problem: Mario, Ahmed, Sean
Location: The bay by the dividing wall.
Incident: I was unloading packages, Ahmed was helping, Mario was moving a pallete to the back.. Mario said “Lets go bitch.” To me. I said “that’s inappropriate, don’t say that again.” He walked away smiling.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question. Whether or not this action is a good idea is something I can't address since I don't know your personal situation (financial, job prospects, work history, etc.) or the Company's attitudes about their employees and what they would find when they investigate the situation. However, I can tell you that what you have described is not only inappropriate, but behavior that can be unlawful as sexual harassment and even harassment based on sexual orientation (even if you are not gay). So, you have the right to file a formal complaint with your employer (HR or, if not HR, Senior Management) and if they cannot resolve the situation (make it stop), then you can file a complaint with the State or the EEOC and could file suit if you so desired.

As for whether or not the employer will want to offer you severance when you ask, that is up to them. They don't have to, they only have to resolve the issue and get it to stop. They cannot lawfully terminate you for filing a discrimination complaint, but if you say you won't work with this other worker, they could accept your resignation. Unless you are willing to go jobless, you may want to first try your complaint only. But again, I have no idea how your employer will want to deal with this.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you