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I think I need an attorney for workplace harrasment. Ohio…

Customer Question
I think I need...

I think I need an attorney for workplace harrasment

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

Ohio but I reside in WV

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

At will full time

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

I had a dist mgr suggest that the honorable thing to do if anyone in my position got a negative mystery shop report would be to commit suicide for starters

Submitted: 4 months ago.Category: Legal
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Answered in 2 minutes by:
11/20/2017
Lawyer: Loren, Attorney replied 4 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,257
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Lawyer: Loren, Attorney replied 4 months ago

Was the manager making a joke? Is there anything else, or is this the only incident?

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Customer reply replied 4 months ago
he was making a point during a training session and it goes further do you think this is something I should contact an attorney in regards ***** ***** to the fact that after turning it in the HR person contacted my store mgr and wrote me up for a previous secret shop result
Customer reply replied 4 months ago
The dist mgr also felt it was necessary to have myself and another ast mgr role play as a "gay" couple for a shopper scoring of the associate on duty at one of the stops on this training tour
Lawyer: Loren, Attorney replied 4 months ago

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Harassment must be viewed in its totality. Mere discourtesy, rudeness or lack of sensitivity should not be confused with harassment. The harassing behavior must be sufficiently severe or pervasive so as to alter the conditions of employment and create an abusive working environment. The more severe the conduct, the less pervasive it must be. The required showing of severity varies inversely with the frequency of the conduct.

A single incident, simple teasing, off-hand comments or isolated instances of offensive sexual conduct or remarks generally will not be sufficient to create a hostile work environment. A hostile environment claim generally requires a showing of a pattern of offensive conduct. However, a single severe incident of harassment can be a violation of the law, particularly when the harassment is physical or quid pro quo.

It does not really sound as if this single incident would, necessarily, rise the level of outrageousness to be actionable. It sounds like he was being boorish and insensitive, which is not illegal, in and of itself.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Lawyer: Loren, Attorney replied 4 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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