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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 14605
Experience:  Attorney licensed for 17 years specializing in various fields.
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What steps are required to file a 'hostile work environment'

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What steps are required to file a 'hostile work environment' claim and find a lawyer -for an incident that occurred in February/March 2017?

IT is well past time to file for an event that happened in early 2017. A hostile work environment would usually be file through the EEOC and you have 180 days from the act to file your claim. Many people also do not know the difference between a toxic work environment and a hostile work environment. The U.S. Equal Employment Opportunity Commission (EEOC) defines harassment as “unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.” Harassment in the workplace becomes illegal if the offensive conduct is a condition of continued employment or if the behavior becomes pervasive enough to create an intimidating, hostile or abusive work environment. Isolated incidents, unless extremely serious, are not considered illegal. Basically the hostile work environment needs to be on the basis of discrimination. Regardless, this incident is past the time period to file unfortunately. I wish I had better news for you.

 

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be numbers from 1-5 or smiley faces next to my answer to choose from. This will cost you nothing extra and will ensure that I will be compensated by the site for my time with you. Thank you in advance.

Customer: replied 7 days ago.
Ok, I believe that I was harassed by my manager with many events and placed on a 3 year final. She initially tried to have me terminated but my employment was reinstated. I have been out of the office since December 2018 on Workman's Comp.
Customer: replied 7 days ago.
So, does this mean that my $5 question is exhausted?
Customer: replied 7 days ago.
Are you certain that the statute of limitations is up?
Customer: replied 7 days ago.
I do not want to switch to a live telephone call for an additional $59

I am also answering others questions for customers. Let me read yoru responses.

It has been 5 minutes since your response (it was 7 minutes for you to respond after my answer). Please please patient and give me a chance to respond. I am not going anywhere. The phone call requests do not come from me and are automatically generated by the site. They are not mandatory, so you can ignore it.

What type of harassment and was it longer than 180 days ago?

Customer: replied 7 days ago.
Yes, it started in 2017.

What type of harassment?

Does it meet this standard (from my original answer)"

Many people also do not know the difference between a toxic work environment and a hostile work environment. The U.S. Equal Employment Opportunity Commission (EEOC) defines harassment as “unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.”

Customer: replied 7 days ago.
The manager lied about me about my performance to try and get me terminated.

That is not actionable and does not qualify as a hostile work environment. There would need to be a basis of discrimination. I wish I could give you better news. A hostile work environment needs to involve harassment that involves “unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.” It is past the 180 days to file as well (it is 3 years). SO unfortunately you do not have a valid claim from the facts you have given me. Does this completely answer your question? If satisfied with my answer. Please type satisfied so I know that I answered your question. Also, if you could manually rate my answer through the site, I would appreciate it. There should be stars with the numbers 1-5 in them at the top, right part of this page. Simply select the appropriate star to make your rating (a 5 star would be great). Thank you for helping me with this.

Customer: replied 7 days ago.
When I requested to speak with the head of the call center -the manager lied and made up procedures that we were never doing to assist customers- and made it seem like I was not doing my job. But this was not true-the procedures were never in place-the manager lied so that she did not look bad to the (new) head of the call center.
You may have a defamation claim against the manager for lying and you getting fired but there is no hostile work environment claim or claim against your employer from those facts you have provided.
Customer: replied 7 days ago.
This manager- even though I am no longer on her team seeks me out now to embarrass me in front of my peers. She publicly questions my interactions with my peers. The head of the call center has given direction for leadership not to interact with me.
Customer: replied 7 days ago.
Is there a statue of limitations for a defamation claim? I am a good employee and have worked at this place of business for almost 10 years. Prior, to the manager lying about my performance--I was asked many times to help train and even to transition into leadership. I pride myself on being a good employee.

Yes there is and it will depend on your state. They are usually around 2 years but it can vary.

Customer: replied 7 days ago.
I live in the state of Texas.
You have one year to file adefamation (libel or slander) lawsuit inTexas, according to Texas Civil Practice & Remedies Code section 16.002. And the "clock" begins to run on the date on which the defamatorystatement is first made.
Customer: replied 7 days ago.
Is there any other way to handle reversing the 3 year final that I was put on and seeking restitution and justice for myself? In my entire career with this company- I have never been written up for any reason.
Customer: replied 7 days ago.
I was hesitant to pursue this because when I tried to escalate it before I was terminated.
Unfortunately there is no hostile work environment claim and the defamation claim is past the statute of limitations. If you could rate my answer I would appreciate it so the site will give me credit for this question.
Customer: replied 7 days ago.
Thank you. Have a terrific weekend.
You as well.
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