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Over the last several years I have endured various forms of…

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Over the last several...

Over the last several years I have endured various forms of a hostile work environment. Three years of sexual harassment including catcalls, lude looks. I have also endured erratic behavior from my direct supervisor including favoritism, belittling and demeaning verbal and email assaults and now from a coworker that try's to intimidate and bully me. I was given a 2 day suspension for not making coffee at a meeting that I was not responsible for setting up, my co worker was. I have had enough. Recently one of the CEO was fired due to creatation of a toxic work environment, however, the behavior is still there among others. I have been told by my union rep that HR would like a meeting with myself, boss and the co worker. I only agreed to myself, HR and the union rep at this time. I have not written a resignation letter yet but have emails and my written documentation. I'm not sure how a meeting of this kind goes. Any advice would be appreciated. I am a 22 year employee with this company.

Lawyer's Assistant: Have you discussed this harassment issue with a manager or HR? Or with a lawyer?

With HR and union rep

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have been written up about a year ago for not getting along with management that harassed me. Hearing by toxic manager yelled and bullied me. The meeting was stopped. Sexual harassment was investigated and concluded with unfounded. I feel it was a cover up.

Submitted: 3 months ago.Category: Employment Law
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Answered in 7 minutes by:
3/19/2018
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 12,387
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

I'm sorry to hear about your situation. Most of the time, these meetings are going to be one, big question and answer session. So, my recommendation is to create a timeline in advance and bring it with you to the meeting. This way, there are few gaps in your story. This is going to be important because it seems like you may have a a case of employment discrimination on the basis of sexual harassment which is prohibited under state and federal law at 42 USC 2000e-2. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within usually 300 days. The Counselors must advise individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

What other questions did you have for me today that I can help you out with:-)?

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