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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117377
Experience:  20+ Years of Employment Law Experience
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Ive been going through ongoing problems at work that are

Customer Question

Ive been going through ongoing problems at work that are very complex and difficult to explain, address or even believe. It has included levels of subtle harassment, extreme bias against me, and harmful concocted false claims I feel have been used to hinder me in obtaining other jobs. I am also very concerned about retaliation because the avenues for resolving these matters have proven to be very lacking and the level of corruption appears to be beyond belief. I just don't know what to do or how to protect myself. I have also been being harassed in my home by a network of ppl who appear to know some of my co workers. Part of the harassment besides being robbed and having my property vandalized has including my being taunted by some of these individuals only to be made to feel they would try to accuse me of being crazy if I try to address it. And efforts to file complaints and charges or get police involvement have been denied. This has been going on for years.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: new jersey
JA: Is the employment agreement "at will," union, full time or part time?
Customer: state with union
JA: Anything else you want the lawyer to know before I connect you?
Customer: I guess not, suppose he'll let me know. Thanks
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Is the harassment going on based on your age/race/sex/disability/national origin or union activity? Have you reported this to the union to file a grievance?

Have you filed police reports for the property theft and damage?

Customer: replied 10 months ago.
It could be for some of those reasons. I have had zero cooperatiom from poliice ot the union.
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.

The problem is "could be for some of those reasons" is not a legal claim you can make. In order to have a legal cause of action you need to have evidence that the conduct is based ONLY on one of those reasons and absent such evidence your claims would fail. The US Supreme Court has been VERY clear in stating that the law on workplace harassment was written to protect employees from actions against them based only on the age/race/sex/disability/national origin of the employee and they were not intended to create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998). So you bear the burden of proving the reason for this harassment towards you being for one of those reasons and if you have such evidence, then you can file a complaint with the EEOC, because they have to investigate and issue you a right to sue letter before you could sue the employer in court.

If there are crimes occurring and evidence of those crimes, then the police need to take reports on the crimes. If you cannot prove who committed the crime, they still have to take the report on your robbery, theft, vandalism. So they have to be reported to the police and if the officer will not take a report, then you need to go to internal affairs of that police department and file a complaint for them not taking reports of criminal acts against you.
Customer: replied 10 months ago.
None of those org did any of those things they claim by law. Its like a sham
Customer: replied 10 months ago.
Went to eeo too and civil rights. Their inaction makes mattets worse. Its. a dangetous hoax
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.

As I said above, did you have actual evidence of age/race/sex/disability/national origin being the reason for your workplace harassment, that is what the EEOC needs. As far as the strength of your evidence, your facts and what the law says we experts can only tell customers what the law says based on facts they present and what their options are legally, we have no control over the law or your facts and evidence though.

Your case depends on your actual evidence so you need to put that evidence together. If this is not based only on one of those reasons, then the agency will not take any action.
Customer: replied 10 months ago.
They seem to ignore evidence and dont investigate. There is a serious obstruction of justice from what Ive exprienced.
Customer: replied 10 months ago.
They even appear to be an accomplice they way they 'handle" things if u can call it that
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.

Perhaps it could be the manner in which the evidence was presented to them. The only remaining option you would have in this situation is you would need to engage a local employment discrimination attorney and bring them all of the evidence for them to review and for them to assist you in putting it in a format that would be considered more seriously by the EEOC and the police.
Customer: replied 10 months ago.
are you saying its okay to commit such crimes as long as ppl in those groups cant prove that was their reason? Thats like having to be psychic and a dead end
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.

I am saying no such thing, I am just telling you what the law says. Without evidence of one of those reasons, you cannot succeed with the EEOC or a discrimination complaint.

As far as the criminal acts against you, the police are supposed to take reports and investigate those crimes and that is why I referred you to the internal affairs division of the police department to file a complaint if they are not doing that.
Customer: replied 10 months ago.
I was also unable to get an attorney cos they said there wasnt enoigh moneu in it and police refused to release needed re
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.

All we can do is give information on legal options people may have based on facts they provide us. One thing we cannot do is make anyone take your case, that is up to you to call around the area to get an attorney to assist you I am afraid.
Customer: replied 10 months ago.
The eeoc said i had to file on my own a woman i saw locally sermed protective of hemt
Expert:  Law Educator, Esq. replied 10 months ago.
If you had evidence of one of those reasons, the EEOC has to take your complaint and if they refuse you need to contact the EEOC in Washington and speak to them and they will direct your local office to do so.