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I was harassed at work, belittled to the point I walked off…

Customer Question
I was harassed at...

I was harassed at work, belittled to the point I walked off the job. I called HR and told them what happened. They told me that they accept that I quit . Do I have a case

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Indiana

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full-time union. However, I was on probation, due to the fact I had only been there two months

Submitted: 10 months ago.Category: Employment Law
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Answered in 3 minutes by:
9/25/2017
Employment Lawyer: John, Employment Lawyer replied 10 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,049
Experience: Exclusively practice labor and employment law.
Verified

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before prov and iding a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

I'll need to ask you some preliminary questions before I can give you an answer to your question. Are you in a union or do you otherwise have a contract for "just cause" (as opposed to “at will" employment which is the default employment condition)? Was the harassment based off a protected trait, e.g., your age, race, gender, disability or religious beliefs? Did management know about the hassment before you walked off?

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Customer reply replied 10 months ago
in union after 90 days
Employment Lawyer: John, Employment Lawyer replied 10 months ago

As you are in a union you have the right to just cause in your termination of employment. You first had to file a grievance against your job being classified as it quit, rather than protesting the working conditions which seems to be what you are doing. Thus, you will need to first start off by filing a grievance through your union over managements classification of your job was terminated. Once that is successful or not you will either be returned to your job with backpay or you will have to further take the matter to binding arbitration under the terms of your collective bargaining agreement. And, again, once you return the job it should be with full backpay.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Employment Lawyer: John, Employment Lawyer replied 10 months ago

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. If you do not rate the answer positively, the website does not credit me with answering your question. Thanks.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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