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Unfair Accusation of Harassment - Was it Racial Discrimination
I was asking a white female a question as to what was the difference between sales and retail since she did worked in that depart. For some odd reason, she ran off and reported to the HR department to complain that she was uncomfortable with me asking such question. HR jumped all over me and said that I was harrassing her, I voilated company policy(which had nothing to do with speaking to her) and that I needed to stay 1000 ft away from her and to NEVER speak to her again. He then tried to get me to sign my name on a blank paper so that he could put and note in my file showing that I had agreed to harrassing her. He kept insisting that I sign the paper and I kept saying no because I did not want to admit to a false accusation that would be in my file for one year as they mentioned. They never wanted to hear my side of the story and they had already made their decision to wrte me up . At this point I was forced to resign. This was the same lady who gave me a ride to my building 5 times last year. She used to always stop and ask me to ride with her. I never said anything bad, or out the way to make her feel this way. On the first ride it was pouring down rain when she stopped and asked me to ride with her. She then reached out to shake my hand but I said that my hands was too wet but she insisted that we shake hands. She offered to pick me up 4 more times and without complaint , or any actions of discomfort. I went back two days later to try to get my job back and the HR manager said that the only way that I could NOT come back was if I was vendictive in which I was only trying to get my job back. She promised to call me by noon to tell me when to come back to work but she never called. On the next day when I called her she said that they had decided to go along with the resignation although I was told that I could come back. I am part of the protect class and would think that they were trying to get me to resign because of it.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
Unless the HR person was holding a gun to your head, you weren't "forced" to resign in the eyes of the law. As defined by law, you resigned voluntarily. The company has accepted your resignation and has no legal obligation to reinstate you.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
You have posted nothing to suggest that there was any racial discrimination involved.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
No. It wasn't to that extent, however, according to the EEOC guidelines this was considered contructive resignation. If I would have stayed then they would have said that I was being insubordinate to their request and fire me. Would you stay if your employer accused you of harrassment especially if he didn't know the meaning of it? Its like agreeing to put false documents in my files. I'm assuming by your response that you are not a part of the protected class and that you aren't concern about civil rights.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
You mean "constructive termination".
Whining like a baby and insulting the volunteers here won't help you. If you're going to be nasty to somebody who is both trying to help you and giving you accurate information merely because you were hoping to hear something else, you're setting yourself up for an unhappy life.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
Then you would assume wrongly.
However, I cannot create a racial discrimination claim for you out of the facts you have provided. If you feel that one exists, by all means run it past an employment attorney and see if he or she thinks you have enough to take to the EEOC.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
My post suggest that there may have been racial discrimination for two reasons. First, she was a white female and I am a black man over 40. There was no reason for them to jump all over me just because I asked a simple question about sales and retail. How can they call that harrassment and why was they so upset because I asked her about it? If it was a white guy asking her the same question I DOUBTseriously if she would have EVER said anything. 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 even yelled at me of looking in the company directory as if I was forbidden to do so. Every employee has been given the right to look in the company directory and use the company computer. Plus the same directory is listed on the World Wide Web for anyone in the world to see. I'm assuming by your post that you are not part of the protected class and that you are not concern with civil rights.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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Quoting
Mr. Knowitall
You mean "constructive termination".
Whining like a baby and insulting the volunteers here won't help you. If you're going to be nasty to somebody who is both trying to help you and giving you accurate information merely because you were hoping to hear something else, you're setting yourself up for an unhappy life.
No, I meant "Constructive Resignation" as stated in the EEOC guidelines. Now see, just becauseI assumed that about someone you are already getting offended. Just how would you have acted if you were agreeing to have FALSE documentation in your employment files? And forced to sign a blank piece of paper so that they can write whatever they wanted on it as if I was going to agree to harrassing someone. 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. If you are a part of the protected class, do you know your civil rights Mr. Knowitall?
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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knowyourrights
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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knowyourrights
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.
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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.
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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.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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knowyourrights
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.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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Mr. Knowitall
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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free9man
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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Mr. Knowitall
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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eerelations
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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711
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.
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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.
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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.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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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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PandorasBox
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.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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knowyourrights
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.
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knowyourrights
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.
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knowyourrights
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.
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knowyourrights
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.
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knowyourrights
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.
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knowyourrights
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.
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knowyourrights
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.
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knowyourrights
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.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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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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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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Mr. Knowitall
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.
You haven't said anything either. So what I made a typo, people do it all the time including you. Mr. Knowitall. And now you are being rude too. All this talk comes to show you that some people think that they can just say anything, but can't handle it when it's said back to them. Who's a spoil and defensive brat now?
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PandorasBox
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.
Like I said before, people make typo's all the time including you. And YES you read it right. BA, MBA honor student. I may have some typo's here but guess what? I've presented many well written papers in ALL of my classes that required a thesis, or research. My grades can prove it. Now what degree do you have perfect Pandora?
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eerelations
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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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.
Don't hate. Just participate in the question. I see why you DON"T have a degree. You can't even stay focus on the topic here. For this cause, It will be very difficult for you to write a research paper. NEXT!!!!
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[QUOTE=free9man;644521]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.
A complaint was made against you, that requires a victim. You notice I was PC enough to say alleged victim in my comment.
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.
Nope. Someone else might ask the question in a manner that she did not take as harassing.
No, no, no. There are no violations here. Show us the law, an actual law, that backs up your ridiculous statements.
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.
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.
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.[/QU
HOLD UP. WAIT A MINUTE!!!! To those who are calling me rude and saying that I must have been rude to the white female you are ALL WRONG! I only asked a simple, non-harrassing question of what was the difference between sales and retail. That's it. You people need to look up the word harassment before you come on this site making an as......of yourself. I rather make typo's then to come here and don't know what the hell I'm talking about. At least I'm smart enough to know the LEGAL meaning of harrassment which had NOTHING to do with my situation.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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knowyourrights
HOLD UP. WAIT A MINUTE!!!! To those who are calling me rude and saying that I must have been rude to the white female you are ALL WRONG! I only asked a simple, non-harrassing question of what was the difference between sales and retail. That's it.
Based on your continued attitude on here, it's kind of easy to imagine how you behave in the real world.
I'm sorry. There is absolutely no way imaginable that things occurred as you have described. You described multiple interactions with the victim, which you made sound positive. Then you went to her, with a straight face and normal tone, asked her one time "Excuse me Sally, what is the difference between sales and retail?" and she ran to HR and reported you for harassment. Nope, not believable at all.
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knowyourrights
You people need to look up the word harassment before you come on this site making an as......of yourself. I rather make typo's then to come here and don't know what the hell I'm talking about. At least I'm smart enough to know the LEGAL meaning of harrassment which had NOTHING to do with my situation.
We know what harassment is. You're right, the legal definition of harassment has nothing to do with your situation. Companies are free to be more strict in their interpretation. Further, since you quit it is not relevant anymore. As to your typos, it's not just as simple as typos. You are using entirely wrong words that, in the context of what you are saying, make no sense. And no, you don't know what the hell you're talking about.
So again, where is your evidence this comes within the same galaxy as racial discrimation? If you feel you have a case, go to an employment law attorney and see what they say.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
[QUOTE=knowyourrights;644548]You haven't said anything either. So what I made a typo, people do it all the time including you. Mr. Knowitall. And now you are being rude too. All this talk comes to show you that some people think that they can just say anything, but can't handle it when it's said back to them. Who's a spoil and defensive brat now?
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Like I said before, people make typo's all the time including you. And YES you read it right. BA, MBA honor student. I may have some typo's here but guess what? I've presented many well written papers in ALL of my classes that required a thesis, or research. My grades can prove it. Now what degree do you have perfect Pandora?
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Don't hate. Just participate in the question. I see why you DON"T have a degree. You can't even stay focus on the topic here. For this cause, It will be very difficult for you to write a research paper. NEXT!!!!
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free9man
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.
A complaint was made against you, that requires a victim. You notice I was PC enough to say alleged victim in my comment.
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.
Nope. Someone else might ask the question in a manner that she did not take as harassing.
No, no, no. There are no violations here. Show us the law, an actual law, that backs up your ridiculous statements.
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.
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.
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.[/QU
HOLD UP. WAIT A MINUTE!!!! To those who are calling me rude and saying that I must have been rude to the white female you are ALL WRONG! I only asked a simple, non-harrassing question of what was the difference between sales and retail. That's it. You people need to look up the word harassment before you come on this site making an as......of yourself. I rather make typo's then to come here and don't know what the hell I'm talking about. At least I'm smart enough to know the LEGAL meaning of harrassment which had NOTHING to do with my situation.
NEWS FLASH EVERYONE!!!!! Just got a call from the EEOC. I TOLD YALL I WAS RIGHT ON IT!!! The company is in trouble for (4) reasons.
(1) They accused me of false harrassment
(2) They tried to force me to sign a blank paper to make me admit to harassing her
(3) They could not tell me to STOP speaking to her and to stay a 1000 ft away.
(4) It WAS racial discrimination for the fact they were all white and was trying to triple team me because I'm a black male. They were trying to make me look like a dirty Harry...I DON"T THINK SO!
CHING CHING!!!!!
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
I don't think so either. The EEOC does not announce their findings by phone, and they certainly don't do it this soon after a claim.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
Wow, just read through this idiot's posts - what a loser! No life whatsoever, just spends all his time flaming complete strangers on the internet! He needs to go, and soon.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
Quote:
Quoting
knowyourrights
NEWS FLASH EVERYONE!!!!! Just got a call from the EEOC. I TOLD YALL I WAS RIGHT ON IT!!! The company is in trouble for (4) reasons.
That's a pretty pathetic attempt at a lie.
Look up the doctrine of "at-will" employment. This is something that applies to you, and it's why they could have fired you even if they were wrong about the harassment. But you saved them the trouble. You quit. And that's entirely on you. The employer is not liable for "making" you quit. Period. That's just a fact.
No, they can't force you to sign a piece of paper. Not unless they hold a gun to your head. So what? They didn't do that.
As a matter of fact, you're right about one thing. They can't "make" you stop speaking to the lady. Again, not unless they hold a gun to your head or duct tape your mouth shut--and that would have been illegal. But they sure as heck could have legally fired you if you had refused to stop speaking to her. Their workplace, their rules, and if you want to remain employed you are obliged to abide by every single one of them. You might want to remember that on your next job.
Being a black male over 40 years old doesn't mean they can't get rid of you. It just means they can't do so because you're black, or male, or over 40. And, they didn't. They got rid of you because you're a jerk. Unfortunately for you, "jerk" is not a protected class.
And, typos? Please. Nobody's buying that. I suggest you use some of this free time you have now to take some remedial classes to make you a better candidate for jobs that require good writing and grammar skills.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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Quoting
LawResearcherMissy
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.
That might work if I was at their house, or on their personal property in which he or she lives, but that WON"T fly with the EEOC. Employers must set a standard according to the EECO guidelines once they hire 15, or employees. This fool was literally calling me a sex offender in front of my face...This 1000 ft away crap applies to offenders who has actual committed a sinful and shameful act. NOT because they asked a darn questtion about sales and retail. How dumb is that?
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
Apparently not as dumb as the person who keeps lying on this thread.
Ho hum!
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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Quoting
free9man
Based on your continued attitude on here, it's kind of easy to imagine how you behave in the real world.
I'm sorry. There is absolutely no way imaginable that things occurred as you have described. You described multiple interactions with the victim, which you made sound positive. Then you went to her, with a straight face and normal tone, asked her one time "Excuse me Sally, what is the difference between sales and retail?" and she ran to HR and reported you for harassment. Nope, not believable at all.
We know what harassment is. You're right, the legal definition of harassment has nothing to do with your situation. Companies are free to be more strict in their interpretation. Further, since you quit it is not relevant anymore. As to your typos, it's not just as simple as typos. You are using entirely wrong words that, in the context of what you are saying, make no sense. And no, you don't know what the hell you're talking about.
So again, where is your evidence this comes within the same galaxy as racial discrimation? If you feel you have a case, go to an employment law attorney and see what they say.
As I said before people make typos ALL THE TIME including you. I've just seen were a typo was made on the government job site. OK!! So I can promise that you have, will and always make typos too. As for harassment, that's a down right LIE.. Sure an employer may twist and misuse the meaning. However, it dosen't make it right. Ask the EEOC.
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Quoting
cbg
I don't think so either. The EEOC does not announce their findings by phone, and they certainly don't do it this soon after a claim.
I never told you when I started my claim. So how can you say "soon after" WRONG AGAIN NEXT!!!!
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Quoting
>Charlotte<
That's a pretty pathetic attempt at a lie.
Look up the doctrine of "at-will" employment. This is something that applies to you, and it's why they could have fired you even if they were wrong about the harassment. But you saved them the trouble. You quit. And that's entirely on you. The employer is not liable for "making" you quit. Period. That's just a fact.
No, they can't force you to sign a piece of paper. Not unless they hold a gun to your head. So what? They didn't do that.
As a matter of fact, you're right about one thing. They can't "make" you stop speaking to the lady. Again, not unless they hold a gun to your head or duct tape your mouth shut--and that would have been illegal. But they sure as heck could have legally fired you if you had refused to stop speaking to her. Their workplace, their rules, and if you want to remain employed you are obliged to abide by every single one of them. You might want to remember that on your next job.
Being a black male over 40 years old doesn't mean they can't get rid of you. It just means they can't do so because you're black, or male, or over 40. And, they didn't. They got rid of you because you're a jerk. Unfortunately for you, "jerk" is not a protected class.
And, typos? Please. Nobody's buying that. I suggest you use some of this free time you have now to take some remedial classes to make you a better candidate for jobs that require good writing and grammar skills.
NONSENSE!!!!! That why you are NOT an attorney. Stop hating on a brother.
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Quoting
Dogmatique
Apparently not as dumb as the person who keeps lying on this thread.
Ho hum!
Yeah. DOG fits you perfectly. DOGmatique.
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Quoting
eerelations
Wow, just read through this idiot's posts - what a loser! No life whatsoever, just spends all his time flaming complete strangers on the internet! He needs to go, and soon.
Don't hate. Participate. Yall TOOOO jealous!!!
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
The EEOC describes its process on its website.
Quote:
Quoting Outcome of Investigation
Once the investigator has completed the investigation, EEOC will make a determination on the merits of the charge.
- If EEOC determines that there is no reasonable cause to believe that discrimination occurred, the charging party will be issued a letter called a Dismissal and Notice of Rights that tells the charging party s/he has the right to file a lawsuit in federal court within 90 days from the date of receipt of the letter. The employer will also receive a copy of this document.
- If EEOC determines there is reasonable cause to believe discrimination has occurred, both parties will be issued a Letter of Determination stating that there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge, through an informal process known as conciliation.
- Where conciliation fails, EEOC has the authority to enforce violations of its statutes by filing a lawsuit in federal court. If the EEOC decides not to litigate, the charging party will receive a Notice of Right to Sue and may file a lawsuit in federal court within 90 days.
Letters, not phone calls.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
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Quoting
knowyourrights
Yall TOOOO jealous!!!
I'm jealous?
Of an illiterate uneducated liar who derives some twisted sense of self-worth through his obsession with trying to prove to a group of complete strangers that he's been discriminated against, in spite of his complete and utter lack of evidence for said discrimination? Of some poor sap who has such low self esteem that he will spend huge amounts of his own personal time trying to flame said complete strangers into showing some undeserved respect for him?
I think not.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
I was thinking actually that OP may need to tell us the name of the person who "called" from the "EEOC".
Given that it was obviously a prank call, and poor OP was taken advantage of, and impersonating a government employee is Not Good At All.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
When I filed an EEOC complaint, it took 6-8 weeks to get a reply.
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Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them
And the OP may have deleted the posts in which he claims that since the thread was opened he talked to an attorney who advised him to go to the EEOC, but deleting them doesn't mean no one remembers them. I do. And there is No. Friggin'. Way. that he filed a complaint with the EEOC since this thread opened and already got a reply.
None whatsoever.