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Unfair Accusation of Harassment - Was it Racial Discrimination

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  • 08-21-2012, 12:06 PM
    free9man
    Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
    Quote:

    Quoting knowyourrights
    View Post
    Second, they had no business to tell me NOT to EVER speak to her again, stay a 1000 ft away as if I had done something dirty and shameful which goes against my civil rights. THE FREEDOM OF SPEECH.

    They can very much tell you not to speak to the alleged victim of your harassment forever and to stay 1000ft away. Neither of these violates any established civil right. You have no freedom of speech at work, they can tell you to work in utter silence all day every day if they wish.

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    Quote:

    Quoting knowyourrights
    View Post
    I'm not whining, or being nasty I just thought that I can bring my concern here and that someone who are an expert about unfair practices in the workplace can have better discernment.

    You were being rude to the volunteers. As to their expertise, I'm not familiar with Mr.Knowitall's BOQ's with regards to employment law, he is quite an expert in other fields, but he's spot on anyway. CBG is one of the MOST experienced in employment law on this board.
  • 08-21-2012, 12:19 PM
    711
    Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
    You may want to google your states labor laws to see if they violated one of them, I think you can even contact them if you think you were treated unfairly in the work place. There are always options, don't give up on it if you wronged.
  • 08-21-2012, 12:43 PM
    Mr. Knowitall
    Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
    No, there are not "always options" if "you think you were treated unfairly in the work place". Very often it's simply something you have to accept as part of life. There are very few aspects of the employer-employee relationship in which the law imposes a standard of fairness on the employer.
  • 08-21-2012, 12:52 PM
    eerelations
    Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
    Quote:

    Quoting knowyourrights
    View Post
    I'm assuming by your post that you are not part of the protected class and that you are not concern with civil rights.

    Then you assume wrong.

    Not only do I have almost thirty years' professional experience researching and analyzing employment and human rights laws (in two countries yet!), but I also happen to be a member of three protected classes. I have been illegally discriminated against several times in my career, and I sued once and won that lawsuit, hands down, easy-peasy. So I know what of I speak.

    Just because we questioned you about the dearth of information you were providing about your alleged racial discrimination and apparent forced resignation does not mean you have the right to insult our intelligence and make wild unfounded accusations about our personal concerns.

    If you want a civil and rational discussion about your possible legal issues then you'd better speak to us in a civil and rational manner. If you'd prefer to behave like a spoiled child and insult us, you may well find yourself locked out.
  • 08-22-2012, 01:18 AM
    knowyourrights
    Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
    Quote:

    Quoting Mr. Knowitall
    View Post
    When an employer says, "Either you resign or we'll fire you", that's constructive termination.

    Constructive resignation occurs when an employee "engages in conduct inconsistent with the continuation of the employee-employer relationship." For example, if you were to burn down your place of work such that it was impossible for you to continue performing your job, your employer could deem that a "constructive resignation", and you wouldn't have a prayer of claiming wrongful termination.

    Ok, I get want you are saying. In either case they never said those words. They just pressured me to sign a paper to admit to harrasement so that they can put it in my files to make me look like a dirty Harry , or some predictor. I'm quite sure if I did not resign and came back the next day they would have fired me for not following THEIR order to sign a silly blank paper over foolishness.

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    ].

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    Quote:

    Quoting free9man
    View Post
    They can very much tell you not to speak to the alleged victim of your harassment forever and to stay 1000ft away. Neither of these violates any established civil right. You have no freedom of speech at work, they can tell you to work in utter silence all day every day if they wish


    You were being rude to the volunteers. As to their expertise, I'm not familiar with Mr.Knowitall's BOQ's with regards to employment law, he is quite an expert in other fields, but he's spot on anyway. CBG is one of the MOST experienced in employment law on this board.

    That's fine. And I am the most experienced in Human Resource Administration. BA, MBA honor student in Business Adm.

    Now, back to my response.

    What victim! There were no victim. Just some young silly young female who was in a bad mood decide she wanted to cry to HR about her discomfort over foolisness. How in the world can someone in upper management conclude to harrassment just because she didn't want me to ask her a question? If that was the case, then no one else better not ask the same question. Does that make any sense? Heck no, and for HR to conclude such nonsense proves to me that they aren't educated when it comes to the EEOC and civil rights. As for my freedom of speech in the workplace, show me were you read this nonsense. As far as I am concern, and according to my civil rights, I DO have a right to speak to whoever I want to. There is NO rule stating otherwise. I'm a good man who work hard and has never walked off a job until now. It appears to me that if you had your own company you would encourage a hostile work environment. Everyone will have a chip on their shoulder because of your concept of freedom of speak. BS!!!! Plus, again I was not being rude to anyone just as I said before. If I came across as being rude then maybe you are just too darn sensative. I call it what it is. I have a right to my opinion just as anyone else here does. Unless I hired and paid you to represent me on this matter, you can't tell me ho to behave. I'm an adult NOT a child. I didn't curse, call anyone a bad name, or said nothing out the way that would cause an issue. That's rude. So what's the problem?

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    Quote:

    Quoting Mr. Knowitall
    View Post
    No, there are not "always options" if "you think you were treated unfairly in the work place". Very often it's simply something you have to accept as part of life. There are very few aspects of the employer-employee relationship in which the law imposes a standard of fairness on the employer.

    Hummmm! I doubt that. The EECO laws have made some big changes lately. Read some of the lawsuits. If it wasn't for them, some wicked employers will have a field day kicking employees in the as...... Oh, and what about the mexican lady that was doing all the man work when she should have been simply on the production line as like other female workers. They used her to lift heavy products and all sorts of junk. when they hired a white male, they replaced and put her on another job and paid him twice as much then she made. The EEOC will be all over this company. Poor lady, she dosen't know her rights either.

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    Quote:

    Quoting eerelations
    View Post
    Then you assume wrong.

    Not only do I have almost thirty years' professional experience researching and analyzing employment and human rights laws (in two countries yet!), but I also happen to be a member of three protected classes. I have been illegally discriminated against several times in my career, and I sued once and won that lawsuit, hands down, easy-peasy. So I know what of I speak.

    Just because we questioned you about the dearth of information you were providing about your alleged racial discrimination and apparent forced resignation does not mean you have the right to insult our intelligence and make wild unfounded accusations about our personal concerns.

    If you want a civil and rational discussion about your possible legal issues then you'd better speak to us in a civil and rational manner. If you'd prefer to behave like a spoiled child and insult us, you may well find yourself locked out.

    Whats with you people? So what, unless you are ready to take on my case and win it for ME, then your 30 years of experience has done NOTHING for my situation. You can only claim one class. I'm mixed with another class too. YOU ARE BEING RUDE TOO by saying I BETTER. I BETTER DO WHAT? You can say what you want but I'm being rude? Look who's talking.

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    Quote:

    Quoting 711
    View Post
    You may want to google your states labor laws to see if they violated one of them, I think you can even contact them if you think you were treated unfairly in the work place. There are always options, don't give up on it if you wronged.


    Codos!!!! to you 711. Your'e the only one here that made the right response without getting offended. And basically, this is all I wanted to know. Everyone else ,well at least some of them is just throwing their weight around and trying to make me feel as though I did something horrific.
  • 08-22-2012, 05:45 AM
    Mr. Knowitall
    Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
    That would be "Kudos" to the person who told you nothing useful, because it was what you wanted to hear, while you continue to cry like a baby when you're told anything different. If you acted like this at work, no small wonder they wanted you gone.
  • 08-22-2012, 07:13 AM
    PandorasBox
    Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
    For a person who claims "BA, MBA honor student in Business Adm." - your spelling and grammar are horrible.

    If you really feel you have an EEOC claim - go see a local lawyer.
  • 08-22-2012, 08:07 AM
    eerelations
    Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
    Quote:

    Quoting knowyourrights
    So what, unless you are ready to take on my case and win it for ME, then your 30 years of experience has done NOTHING for my situation.

    You sound as if you think I actually care about your opinion of me. Well, I've got some news for you, pal...I don't. :cool:

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    Quote:

    Quoting PandorasBox
    View Post
    For a person who claims "BA, MBA honor student in Business Adm."

    He's not, he's lying. There's absolutely no way someone who writes and spells as appallingly badly as this guy could possibly have made it out of kindergarten.

    Someone please lock this thread and ban this guy, he's turning into a major PITA.
  • 08-22-2012, 09:16 AM
    free9man
    Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
    Quote:

    Quoting knowyourrights
    View Post
    That's fine. And I am the most experienced in Human Resource Administration. BA, MBA honor student in Business Adm.

    Okay, I was gonna drop this but I've got a few free minutes. I call BS on that. You either have no such degree, got it in a foreign country that didn't address US law or were asleep during some of your classes.

    Quote:

    Quoting knowyourrights
    View Post
    What victim! There were no victim.

    A complaint was made against you, that requires a victim. You notice I was PC enough to say alleged victim in my comment.

    Quote:

    Quoting knowyourrights
    View Post
    Just some young silly young female who was in a bad mood decide she wanted to cry to HR about her discomfort over foolisness. How in the world can someone in upper management conclude to harrassment just because she didn't want me to ask her a question?

    If you speak to people in real life the same way you huff and puff on here, I can understand the problem. Upper management can conclude that it's harassment based on the facts gathered. In your case, they chose to believe it.

    Quote:

    Quoting knowyourrights
    View Post
    If that was the case, then no one else better not ask the same question. Does that make any sense?

    Nope. Someone else might ask the question in a manner that she did not take as harassing.

    Quote:

    Quoting knowyourrights
    View Post
    Heck no, and for HR to conclude such nonsense proves to me that they aren't educated when it comes to the EEOC and civil rights.

    No, no, no. There are no violations here. Show us the law, an actual law, that backs up your ridiculous statements.

    Quote:

    Quoting knowyourrights
    View Post
    As for my freedom of speech in the workplace, show me were you read this nonsense. As far as I am concern, and according to my civil rights, I DO have a right to speak to whoever I want to. There is NO rule stating otherwise.

    I don't have to show you mine. I can't prove a negative. In the workplace, your right to free speech CAN be limited...especially with regards to someone who has made a harassment complaint against you. As to the bolded part, you obviously know nothing about the law. If there is no law saying you can or cannot do something, it is free game for employers to make their own rules.

    Quote:

    Quoting knowyourrights
    View Post
    I'm a good man who work hard and has never walked off a job until now. It appears to me that if you had your own company you would encourage a hostile work environment. Everyone will have a chip on their shoulder because of your concept of freedom of speak. BS!!!! Plus, again I was not being rude to anyone just as I said before.

    Actually, I've been a supervisor in multiple high-traffic, Fortune 500 company locations. Guess who everyone's favorite supervisor was? Believe it or not, there were several times I had to separate employees who were acting like 5 year olds (sound familiar) from others. I have even, in conflicts, made employees not speak to each other or go near each other. You were being rude by dismissing people obviously FAR more experienced because they didn't say what you wanted them to.

    Quote:

    Quoting knowyourrights
    View Post
    If I came across as being rude then maybe you are just too darn sensative. I call it what it is. I have a right to my opinion just as anyone else here does. Unless I hired and paid you to represent me on this matter, you can't tell me ho to behave. I'm an adult NOT a child. I didn't curse, call anyone a bad name, or said nothing out the way that would cause an issue. That's rude. So what's the problem?

    Nah I'm not the sensitive one here. I wasn't telling you how to behave, I was just pointing out you were acting rude. What's the problem? Go look in a mirror.

    You also have failed to demonstrate any discrimination. The mere fact that she is white and you are black does not automatically make it a racial thing. If a Caucasian, Asian or Middle Eastern person spoke to her as you did, she may or may not have responded differently. If you can't prove it either way, you don't have much of a case at all. Your prior good relationship apparently was not enough to overcome how you dealt with her on the occasion she complained, nor to convince the company you didn't act inappropriately.
  • 08-22-2012, 09:26 AM
    LawResearcherMissy
    Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
    Quote:

    Second, they had no business to tell me NOT to EVER speak to her again, stay a 1000 ft away as if I had done something dirty and shameful which goes against my civil rights. THE FREEDOM OF SPEECH.
    If I had a nickel for every time I had to explain this, I'd be able to afford that glorious winery in Traverse City I so covet, and I'd never have to work again, either.

    Freedom of speech is non-existent on private property. That means your employer can tell you to STFU. That means I can tell you to STFU. That means the cashier in the grocery store can tell you to STFU. And what can you do about it? You can STFU or be removed from the premises.

    The First Amendment only protects your right to speak freely without fear of GOVERNMENT retribution. Everyone else gets to regulate how you speak on their property.
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