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Sean Lopez
Sean Lopez,
Category: Employment Law
Satisfied Customers: 4117
Experience:  Managing Attorney at Lopez Law Group
106202015
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Retaliation employment. Manager and hr. At will hourly

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Retaliation employment
JA: Was this retaliation issue discussed with a manager or HR? Or with a lawyer?
Customer: Manager and hr
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: At will hourly
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi, how are you?

Customer: replied 1 month ago.
I’m ok how are you?

I'm well, thank you. My name is Sean and I am an attorney, I am happy to assist

what concerns regarding retaliation with your employer do you have that I can help you with?

Customer: replied 1 month ago.
I was hoping I could discuss my case just to see if I had a good enough case

Of course, can you tell me an overview about what has happened?

Customer: replied 1 month ago.
I have good reason to believe I was wrongfully terminated due to retaliation

Do you feel this occurred due to your age, race, sex, disability, national origin, religion, or genetic information?

Customer: replied 1 month ago.
I was assaulted by guest a few months ago, i asked them to leave. Also told him I wasn't comfortable serving them anymore. He said he couldn't make that decision and that it would have to come from our district manager but never contacted him. My manager told me I couldn't ask them to leave. 2 weeks ago, the same guest started threatening me, I asked them to leave. Before they left, one of them spit at me and threw a stack of napkins at me.
Customer: replied 1 month ago.
I again told my manager I wasn't comfortable serving them and that I was refusing.
Customer: replied 1 month ago.
He told me I don't have the right to refuse. He denied my request for a witness. At that point I went to HR.

 

Just from the information you have provided you have a claim for unsafe working conditions and retaliation. You can also file battery charges against the individual who spit on you

Customer: replied 1 month ago.
My manager fired me Last Sunday night. HR called me Monday night saying she emailed him Sunday morning and told him to fire me for asking the guest to leave.
Customer: replied 1 month ago.
He asked me to come in that night to talk discuss my continued employment, but according to her, I was already fired.

 

Is there a policy against what you were terminated for? OR a policy to protect your from harassment and battery from guests?

Customer: replied 1 month ago.
I filed a police report. But I was wondering before I press charges because I was their bartender for a while, whatever was discussed between us as bartender/guest, could he bring it up and be held against me?

 

Potentially yes, he could state this was a motive

Customer: replied 1 month ago.
When I asked them to leave the first time, is when I was told by my manager that I couldn't ask them to leave. I'm not sure if there's an actual policy against it or not. My manager said he wasn't kicking them out and he wasn't banning them, which is why I went to HR.
Customer: replied 1 month ago.
Also, she said i got fired for asking the guest to leave. But he never gave me a straight answer when he was the one that actually fired me

If your company has a policy against allowing guests to insult/abuse staff, you can assert a claim for breach of contract against them as well

Customer: replied 1 month ago.
I have an appointment with EEOC, if I decide to press charges against the guy who spit at me, would that affect my case with EEOC

 

 

No, that will not affect your case with EEOC, the EEOC will be only looking at the discrimination. The battery charges can be used during the investigation stage to show how extreme the treatment was

Customer: replied 1 month ago.
One more question, the only witness I know for sure saw it was his friend Dave that was sitting right beside him. My manager cleaned the spit up but since reporting it to HR he's now saying he "doesn't know what he actually cleaned up" How else would I prove it. Besides it being the whole reason I got fired

Are there cameras? During the EEOC process you can make it known there were cameras if so and the EEOC can ask for images from the company

Customer: replied 1 month ago.
No cameras

You can still include the witnesses and their names. Due to the relationship of one with the individual who spit on you, you will have solid evidence as to why their statements are prejudice. As well as from your manager. Your battery charge will help you here

Customer: replied 1 month ago.
I just got off the phone with a different hr member and he said that there is a policy against abuse/assault

perfect, then you can include in your wrongful termination breach of contract

Customer: replied 1 month ago.
Great thank you so much!

My pleasure and best of luck. If you have any other questions or concerns, do not hesitate to ask. If you could please accept my response and leave a 5 star rating I would greatly appreciate it :)

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