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  1. #1
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    Jul 2012
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    Default Re: Harassment (Not Sexual) at Work Problem Need Urgent

    Quote Quoting cbg
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    I am not asking you what she has done that you are classifying as harassment. I am asking you why, in your opinion, she has decided to treat YOU and not someone else this way.
    These are only my guess: my younger age, better job in short time (several months) to reach the position she desires compared to her 6/7 years with no promotion, better work equipments, popularity at work among female and male coworkers...

  2. #2
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    Jun 2006
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    Massachusetts
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    Default Re: Harassment (Not Sexual) at Work Problem Need Urgent

    NONE of which constitutes illegal harassment under the law. That being the case, the answers to your questions are as follows:

    1.) You can't because they are correct. Not all of what the average Joe or Josie believes is harassment, is illegal under the law. While there is such a thing as illegal harassment, what you have described does not fit the legal definition. On another board you referenced the EEOC - the EEOC does not take on harassment based on your getting the job she wants, you getting better equipment, or you being more popular, and it only takes on age issues if you are being treated adversely because you are OLDER, not younger - and at that you have to be over 40 before it counts. Based on your description, the company can do absolutely nothing about it and face no consequences whatsoever. While they MAY take action to correct her, they are not REQUIRED to based on your description.

    2.) There is none.

    3.) No.

    4.) It might. It might not. If it does, it will be because the company chooses to take action, and not because there is any illegality about what is happening.

    5.) No.

    6.) No.

    7.) The term, hostile work environment has a very specific meaning under the law, and what you describe is not it. The reason I wanted you to explain why you thought she was behaving this way, was to see if your perception of her actions met the definition. It does not. Therefore, if you quit your job and sued you would lose. What you have defined is NOT harassment under the law.

  3. #3
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    Jul 2012
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    Default Re: Harassment (Not Sexual) at Work Problem Need Urgent

    I already had meeting with employment attorney and confirmed it was illegal harassment and it caused harassing working environment.

    I was confused by your precious questions which proved now may be unnecessary. The definition about harassment is not on the harasser's motivation which is totally irrelevant, like Colorado killer, He can explain there was no motivation or the motivation as joke. However, it is the consequence counts. The killing is crime regardless if the killer has malicious motivation or not. The harassment is illegal because the victim feels insulted and harassed and causing negative impact to work to the victim.

    I was not asking if this is harassment which I already confirmed. Please do some research before giving others advices, otherwise, it's really misleading.

  4. #4
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    Sep 2005
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    Behind a Desk
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    Default Re: Harassment (Not Sexual) at Work Problem Need Urgent

    Perhaps your lawyer tried to explain the reasonable person standard to you - that if a reasonable person would be offended by something, in certain context the speaker's intention can be irrelevant; but we're talking about a reasonable person, not an individual's subjective impressions that may reflect significantly heightened (or lowered) sensitivity. But if the so-called harassment does not relate to a protected status, it's something for your employer to deal with pursuant to its personnel policies. That's a long way from justifying a lawsuit - which would presumably be why the lawyer offered to let you pay him to send a letter rather than signing you on as a client on a contingency basis.

  5. #5
    Join Date
    Sep 2011
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    437

    Default Re: Harassment (Not Sexual) at Work Problem Need Urgent

    Quote Quoting lily2012
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    I already had meeting with employment attorney and confirmed it was illegal harassment and it caused harassing working environment.

    I was confused by your precious questions which proved now may be unnecessary. The definition about harassment is not on the harasser's motivation which is totally irrelevant, like Colorado killer, He can explain there was no motivation or the motivation as joke. However, it is the consequence counts. The killing is crime regardless if the killer has malicious motivation or not. The harassment is illegal because the victim feels insulted and harassed and causing negative impact to work to the victim.

    I was not asking if this is harassment which I already confirmed. Please do some research before giving others advices, otherwise, it's really misleading.
    You and it appears your attorney have no clue what you're talking about. I've seen your same post on several other websites and know that all you want to do is argue the point but NOTHING in any of your posts suggests any form of prohibited harassment is taking place. Not even close and not under any theory of law. No laws require your co-workers to be nice to you.

  6. #6
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    Jul 2012
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    5

    Default Re: Harassment (Not Sexual) at Work Problem Need Urgent

    Problem solved. The harasser was punished by company B by taking some corrective, disciplinary actions. Outcome is satisfactory.

  7. #7
    Join Date
    Dec 2009
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    Lake Chapala
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    Default Re: Harassment (Not Sexual) at Work Problem Need Urgent

    Has nothing to do with the law.

  8. #8
    Join Date
    Jan 2012
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    13

    Default Re: Harassment (Not Sexual) at Work Problem Need Urgent

    Quote Quoting lily2012
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    Problem solved. The harasser was punished by company B by taking some corrective, disciplinary actions. Outcome is satisfactory.
    I don't believe that, but for the sake of argument let's say it is true. In that case, it was entirely Company B's prerogative. They were under no legal requirement to do so, so don't indulge in a false sense of security. If you continue to squawk about what you mistakenly think is illegal behavior, eventually your employer will get tired of it and you'll be gone.

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