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Retaliation for a Sexual Harassment Complaint

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  • 04-20-2007, 10:42 PM
    mnbvcxz
    Retaliation for a Sexual Harassment Complaint
    Hi Everyone

    Kindly read my post and offer your sincere opinion as I am going through a tough time. It is a bit too long but in the interest of accuracy I am including as much as I can to make the picture clear. Thank you!

    After working more than 18 months, I recently submitted my resignation with two weeks notice.

    For the most part, I had a very decent work rapport with my boss. Things started to take a turn just recently as I noticed change in her attitude towards me. She started acting differently towards me and would make issue of things that were never a problem in the past. In fact, she even "wrote" me up a few weeks ago. We have a daily closing list that we have to go through as part of our closing procedure. We initial against tasks that we complete and this check list is then inserted in the binder.

    My boss pulled me in the office and said that she is going to write me up for putting initials against tasks I had not completed. I looked at her wondering if she is trying to joke with me. She was dead serious. I expressed my dismay but decided to sign because if I refused then she would have probably used this as an excuse to write me up again.

    But there is a twist to the story. Just one day before all this saga, I had contacted the big bos, her immediate boss, about one of my colleague. This colleague has a loud mouth and never watches what he says. He stopped by at the store on that particular evening and started talking to us (there was another associate working with me). During conversation, this loud mouth colleague started making nasty comments about other colleagues family members (their moms, as in sexual context). After a while I got fed up and told him that such comments were not warranted. Instead of gathering his act, he started directing the same nasty comments at me. I told him to stop and when he didn't I just refused to speak to avoid any physical confrontation. Finally he left. Since my boss had the day off, I called up our big boss who works out of residence/home. Big boss told me to write all of this on a paper and store it in the safe for the next day. Which I did.

    So the next day I come in thinking my boss would be all concerned and offer her support and she calls me in her office. So I walk in expecting the obvious. She tells me that the big boss contacted her this morning and told her about the ordeal. I repeated everything for her. She listened and then told me that they will take appropriate action. I found her luke warm tone as a surprise. The colleague's conversation was clearly a violation of our company policy and he could have easily been fired specially because I had a witness as in another associate at the time. Any way, I thought they want to avoid a law suit so they are probably trying to be careful.

    Any way, I thanked her and started to leave when the unexpected happened. She pulled this corrective action form "write up" that she had already filled in before I showed up for work. She then explained to me that since I initialled against tasks that were not completed the previous evening by me, I'd have to be written up. I went into a mental shock. I thought how come in all these years I was never warned/documented and yet the day I make an official complaint, the next day I get slapped with a write up. Hmmm.
    A co-incidence? I don't think so.

    Her attitude only got worse. She started finding fault with every thing I did. Finally I convinced myself to just submit resignation before things get any worse because I don't want her to ruin my future employment opportunities.

    My biggest concern is that while I have decided to voluntarily quit by offering resignation along two weeks of courtesy period (which by the way I am not required by law since there is no contract plus State of NewYork is employment at will state); I fear that she might write negative remarks about me in the system. I am talking about the data base that has all the records about employees that other companies refer to when doing a background check.

    Is there a way that I can have some sort of access to the data base or get hold of the files/records once my employment comes to an end so that I know what's exactly on my records and what kind of remarks other companies will be reading? Does the law provide me any such opportunity? After all, a former employee should get an opportunity to correct/confront any charges/statements that s/he think are incorrect!

    If you were in my place, what would you do to ensure that your future is absolutely safe?

    Much thanks!

    GW
  • 04-27-2007, 09:34 AM
    Mr. Knowitall
    Re: Retaliation
    Consult a plaintiff-side employment lawyer to see if these actions might reasonably be deemed retaliation for your making a complaint of sexual harassment or a hostile workplace. The consultation should be free.
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