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  1. #1
    Join Date
    Dec 2012
    Posts
    3

    Default H.R. Provides Unsatisfactory Response to Harassment and Retaliation Complaint

    My question involves labor and employment law for the state of: CALIFORNIA.

    Hello all,

    I will try to be short and concise in regards to this case represented. The person I am trying to help is my mother, "hereafter 'A'".

    __________________________________________________ _____________
    FACTS:

    A is working full-time under a HUD afflicted 501 c3 non profit corporation.

    A full time includes working at 2 sites, Morning Shift (4 hrs) at Site I "hereafter 'S1'" , and Afternoon Shift (4 hrs) at Site II "hereafter 'S2'"

    The problem all started while she works at S2, where she was met with incessant harassment from her boss "hereafter 'B1'".

    Distrust of B1, A documented every single case of harassment.

    After 18 months of bombardment, the day after A she was finally met with her first official Written Warning Letter, with all fabricated allegations.

    A responded with a 70 pager response in the satisfaction 10 days, claiming serious defamation and harassment from A’s superior B1
    The report was handed up to HR, the vice president HR1 summoned A for a meeting. Even though A delegated her speaking rights to me, I was prohibited to talk for A. A proceeded to talk with HR1.
    1 week later, A received a correspondence from HR citing their investigation concluded that no one has defamed or subjected A to unlawful harassment, furthermore demanded A to return to S2 in order to continue her benefits or to only work in S1 with no benefits.

    __________________________________________________ _____________________________________________
    The question is whether I should report this to Equal Employment Opportunity Commission EEOC or Fair Employment and Housing Commission (FEHC). From the aforementioned facts, corporation failed to provide preventative measure or remedial approach to the problem. Is there any other recourse available for this type of harassment, retaliation, discrimination, and defamation? (don’t say, look for an attorney type of comments)
    We have every piece of evidence presented yet they refuse to acknowledge it, so at this point we don’t know what to do.

  2. #2
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: H.R. Provides Unsatisfactory Response to Harassment and Retaliation Complaint

    you have not stated any particular harassment, your employer's letter clearly states that they had no finding of harassment.


    also A filed the harassment complaint after getting a written warning letter? good luck with that, EEOC are not morons

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: H.R. Provides Unsatisfactory Response to Harassment and Retaliation Complaint

    defamation is a tort which your mother would be required to deal with through the courts outside of her employment. Although you don't want it, this is where you get a: hire a lawyer. Beyond that, you have not described anything that would suggest there was any defamation. It is not defamation unless it is published so that a third party is aware of the statement. Statements of opinion, especially one of a superior in a working environment are not defamation.


    You claim harassment but harassment in itself is not unlawful but beyond that, you have offered no description of what you consider to be harassment so it may possibly be judged.

    Is there some reason you believe you had any right to represent your mother? Unless you are a union representative in a union involved situation or a lawyer, you have no right.


    The fact your mother felt compelled to write a 70 page response to the warning letter suggest some serious problems.

    The retaliation appears to be their solution to your mother's complaint. If she isn't happy with that, she could simply quit and find alternate employment.

    and you have not even suggested any sort of discrimination in your description of the situation yet you toss it in at the end like we are supposed to just guess what you are speaking of.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: H.R. Provides Unsatisfactory Response to Harassment and Retaliation Complaint

    It seems HR found no defamation and/or harassment.

    If your Mother wants to pursue, she can talk to an attorney.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,261

    Default Re: H.R. Provides Unsatisfactory Response to Harassment and Retaliation Complaint

    Not all of what the average Joe or Josie considers harassment is actually illegal. In fact, only a very small subsection of it is. Since you have given no hint of what you, or rather, your mother, is terming harassment, there's nothing to suggest that the findings of the investigators were incorrect.

    The employer had NO legal obligation to speak to you, no matter what your mother granted you, and you do NOT have a right under the law to involve yourself in a matter between your mother and her employer.

  6. #6
    Join Date
    Dec 2012
    Posts
    3

    Default Re: H.R. Provides Unsatisfactory Response to Harassment and Retaliation Complaint

    Thanks for the feedback.

    I can of course elaborate on what constitutes harassment. The reason why I presented her case as a matter-of-factly is to provide objectivity to forum audience rather than seeking sympathetic response like saying, "she didn't do it, etc". The reason why I would speak on behalf of her because she does not speak fluent English. Her boss actions including but not limited to, missing of translated script folders, disappearing of important files in her company’s computer, removing of office key, calling incessantly while she was working in the morning shift at Site 1, and etc.

    Basically,her boss is exercising office politics power play, we all have been through Office Politics 101. If you have read the Warning Letter from her boss, a reasonable person would have recognized it lacks a detailed description of incidents happened, such a list of personal attack on my mother's character. Her boss also back-dated a bunch of documents in order to establish a very negative pattern of behaviors. Like I said before, we have all the evidence against her boss, but the HR had make it clear they do not care, as my mother job is lowest of the strata in the corporation's food chain.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: H.R. Provides Unsatisfactory Response to Harassment and Retaliation Complaint

    even after your minimal description of the situation, I see nothing illegal about what has happened. Continue to keep records should she be terminated and when applying for unemployment benefits, she will have an accounting of specific facts of specific situations should the employer attempt to claim otherwise.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,261

    Default Re: H.R. Provides Unsatisfactory Response to Harassment and Retaliation Complaint

    You have still provided nothing to suggest that the results of the investigation were in error.

  9. #9
    Join Date
    Dec 2012
    Posts
    3

    Default Re: H.R. Provides Unsatisfactory Response to Harassment and Retaliation Complaint

    Thanks for the further feedback,

    The HR only deal with the Warning Letter.

    Should I report this to Equal Employment Opportunity Commission (EEOC) or Fair Employment and Housing Commission (FEHC), not on the Warning Letter Matter, but over the course of 18 months, all the shenanigans that her boss had pulled on her?

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,261

    Default Re: H.R. Provides Unsatisfactory Response to Harassment and Retaliation Complaint

    You have provided nothing to suggest that any kind of illegal harassment took place and therefore nothing to report to either the EEOC or the FEHC.

    Now, if you want to give us some examples of what the boss was doing that you think was illegal harassment, maybe we can further assess it. But as long as you insist on keeping all the details to yourself, we cannot provide any kind of informed opinion.

    And YOU don't report anything to anyone. YOUR MOTHER does.

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