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  1. #1
    Join Date
    Mar 2016
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    Default Employer Retaliation After a Report of Sexual Harassment Against Another Worker

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

    In November 2015, I complained to the VP of HR about one of the Managers acting inappropriately at work with a temp worker who was hired to fill the void left from the resignation of one of our Managers. He basically flirted with her all day and they were behind closed doors constantly. The VP did not want to believe anything I told him. Shortly thereafter, this manager started acting strange around me. He would rarely talk to me and picked on me for petty things. He demanded that certain duties that I used to handle would now be handled by her. People would ask me why I didn't handle certain things and why they were always behind closed doors. It was just plain awkward! The Manager job was eventually posted and I applied for it. I was very well qualified, but didn't stand a chance because he recommended her and she was a shoe in. The VP told me I just wasn't very qualified, but I know I was at least, if not more qualified than her. However, I could have been the Queen of Sheba and it wouldn't matter.

    The Manager eventually wrote me up for a list of things, none of which were valid or had merit (IMHO). The temp would say things (in front of me) that were entirely uncalled for. For example, "That shirt looks SO good on you." "You need to tell them you can't live without me." Things of that nature. And on the day she started, he came up to me and said, "Wow, that chick is hot!" They share lunch often, go outside on breaks sometimes and are behind closed doors for hours a day! I feel that since I made mention of their inappropriate relationship, I have been targeted and my work environment has become extremely hostile. Yesterday, I was called into his office for another unwarranted allegation and I was placed on an unpaid leave. I immediately emailed the VP of HR and told her how I felt - that it seems I have been targeted since mentioning the two of them last November - and that I would be forced to seek counsel and to contact the EEOC if something should come of it. Next thing I know, someone from Corporate emails me and says he is coming out with another associate to do a confidential workplace investigation and they want to meet with me outside of work early next week. He also said my unpaid leave would be paid. I don't know what to make of this. Will I get drilled at this meeting? Should I bring someone with me? I have not sought legal advice yet, but I truly feel I endured a hostile work environment among other things.

    Any advice is appreciated... I am so nervous! Thank you!!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: What to Expect at Workplace Investigation Meeting

    This may sound like it's splitting hairs, but I'm going somewhere specific with this.

    What was your objection to the behavior of the manager and the temp? I am NOT saying you were wrong to object; but I can think of two different ways this could go, and which is more likely depends on SPECIFICALLY why you objected. Again, I am not saying you did anything wrong by complaining.

  3. #3
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    Mar 2012
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    Default Re: What to Expect at Workplace Investigation Meeting

    Quote Quoting livnlife
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    I was placed on an unpaid leave.

    He also said my unpaid leave would be paid.
    When the employer did the first part, that is the equivalent of being fired for UI purposes. You needed to file, and maybe still do. Even if they call you back to work, any week that you earn less or about what you get on UI, you need to file. You need to mitigate your wage loss. Also, because some states still define wages as work for money (I don't know MO's take on it), could be that you're eligible because getting money for no work isn't disqualifying.

    As to the second part, that may or may not be a lie. You need to protect yourself.

    If every employer put people on "unpaid leaves," no one would ever get UI.

  4. #4
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    Mar 2016
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    21

    Default Re: What to Expect at Workplace Investigation Meeting

    Quote Quoting cbg
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    This may sound like it's splitting hairs, but I'm going somewhere specific with this.

    What was your objection to the behavior of the manager and the temp? I am NOT saying you were wrong to object; but I can think of two different ways this could go, and which is more likely depends on SPECIFICALLY why you objected. Again, I am not saying you did anything wrong by complaining.
    Hi CBG - I appreciate the question... My objection was that due to the fact that they were always behind closed doors and that they flirted all the time right in front of me, it created an awkward environment for me. I was being shunned. People were coming up to me asking me where they were. They would say things like, "How inappropriate." "That's sad." "You know she'll get the job." He obviously "likes" her and she had the major advantage in getting the job despite the fact that I applied, had been there over a year, and was very well qualified. Moreover, he started picking on me and writing me up for petty things.

    So, any advice on what to expect at this meeting? I am printing out various emails and bringing some documentation that I have, but I do not have a lawyer at this time.

    Thanks again!! :-)

    Chyvan - I was going to apply for UI, but decided not to after receiving an email from one of the men coming out from Corporate who said my leave was changing from an unpaid one to a paid one. I am thinking having it in writing is good?

    Thank you!

  5. #5
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    Mar 2012
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    Default Re: What to Expect at Workplace Investigation Meeting

    Quote Quoting livnlife
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    I am thinking having it in writing is good?
    You know your employer better than I do. Even with it in writing, what are you going to do to make them pay you if they say, "we changed our mind" or just ignore you?

    It's Saturday. In my state, we can't file for UI on a Saturday, and maybe that's true for MO. If so, you missed your opportunity to collect for this week that just passed. However, keep it in mind for next week if by Friday, they still haven't let you work. I'd much rather deal with a UI claim rather than do collections a perceived debt.

  6. #6
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    Mar 2016
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    21

    Default Re: What to Expect at Workplace Investigation Meeting

    Quote Quoting chyvan
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    You know your employer better than I do. Even with it in writing, what are you going to do to make them pay you if they say, "we changed our mind" or just ignore you?

    It's Saturday. In my state, we can't file for UI on a Saturday, and maybe that's true for MO. If so, you missed your opportunity to collect for this week that just passed. However, keep it in mind for next week if by Friday, they still haven't let you work. I'd much rather deal with a UI claim rather than do collections a perceived debt.
    Good point! Thanks.

  7. #7
    Join Date
    Oct 2006
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    16,474

    Default Re: What to Expect at Workplace Investigation Meeting

    Quote Quoting chyvan
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    You know your employer better than I do. Even with it in writing, what are you going to do to make them pay you if they say, "we changed our mind" or just ignore you?

    It's Saturday. In my state, we can't file for UI on a Saturday, and maybe that's true for MO. If so, you missed your opportunity to collect for this week that just passed. However, keep it in mind for next week if by Friday, they still haven't let you work. I'd much rather deal with a UI claim rather than do collections a perceived debt.
    I think its pretty safe to assume that if corporate says she is going to be paid, that she is going to be paid.

  8. #8
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    Dec 2009
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    Lake Chapala
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    Default Re: What to Expect at Workplace Investigation Meeting

    Quote Quoting llworking
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    I think its pretty safe to assume that if corporate says she is going to be paid, that she is going to be paid.
    Agree.

  9. #9
    Join Date
    Mar 2013
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    18,340

    Default Re: What to Expect at Workplace Investigation Meeting

    Quote Quoting llworking
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    I think its pretty safe to assume that if corporate says she is going to be paid, that she is going to be paid.
    Disagree.

    Corporate people lie, too.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: What to Expect at Workplace Investigation Meeting

    It sounds to ME as if Corporate is concerned about what you reported and wants to get to the bottom of it.

    You're in a stronger position than you realize, and that's exactly what I wanted to find out. You were in a potentially "third party" harassment situation, and complaining about that IS protected under the law. Since I don't know your employer I don't know what to suggest you prepare for, but I would counsel that you be polite no matter how rude anyone else may be, tell the exact truth as you know it to be, be as prepared as possible to back up your position. But quite honestly, I think you'll find that this is not about you, but about what the manager is doing.

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