Hi guys, newbie here.
I was browsing thru, nice informative board, which prompted me to post.
As one of many, I'm seeking to understand what had transpired. While at the same time seeking what can I do about it. The facts I'm about to present are lenghty, so please bear with me.
For the past 9.5 years I have worked for a major hotel chain, were I had held the position of Security Officer/Shipping & Receiving/Manager on duty. Begining of this year a situation arised between another associate and myself. I witnessed this associate sexually harassing another associate in the cafeteria. The harassment consisted of jokes and personal insults due to the other associate's sexual preference(Bi-sexual)(let us call him Mondo). I know these co-workers for the past 14 years. I interceded, and called to the attention of the harasser to cease & dececease his actions. His behavior was not only unlawful, but, it was being witnessed by (see above titles) me. The harasser turned his attention towards me, accusing me of being the acossed lover, etc. I gave him one more warning and left. I related all that had transpired to my inmediate supervisor upon his arrival.
This situation occured twice more, again I reported this to my supervisor. So far, some of you are questioning, How come you did not reported this to your HR office??? Simple, I have caught then lying not only to me but to other employees. In addition to witnessing atrocities to the staff. I could not trust them. Believing that my supervisor had taken care of the problem as he had promised, to speak with HR and this person, I let go.
Now to the situation at hand.
On 8/29/05 around 1243 hrs. I was attempting to place a large pallet inside the service elevator, being assisted by another associate. The previous mentioned person (Let us call him Jimbo) came out of the elevator. I greeted him and continued working in placing a dolly under the pallet with the assistance of (lets call him Juanito}. When Jimbo passed by, he proceeded to Spank my rear end.My reaction was to confront this person once and for all. When I asked him was wrong with him, he became belligerent. Accusing me of being homosexual, sleeping with Mondo. He would grab my rear end whenever he felt like it, and what I would do about it.
Good guess.... I went over him, and warned him again. However, jimbo keeps his verbal assault, while blocking the way with a kitchen push cart. I proceeded to move the cart out of the way, got close to him, insults from his part kept coming..... no I did not punched him. I pushed him. More words exchanged.
After finishing with the pallet, I related all, noexception of this incident to his inmediate supervisor. Afterwards, I attempted to related all above info to HR. However the clerk was busy terminating another associate. I told the clerk that I would see her the following day, but to check with the Kitchen manager. Who had related the story above. At shift Change at 1500 hours, I told my Supervisor. Note: no other managers were available on this date, due to a confrence.
Now it gets Better....
8 working days passed without notification. Okay is forgotten.
On 9/8/05 I'm being suspended, pending termination by my supervisor. Suspension is base on a rule set on the employee manual, regarding pushing/hitting/etc. - Suspension is to be based on three working days. My supervisor fails to offer me peer review to present my case. Jimbo is also suspended.Suspension is done on a Thursday. On Monday, 9/12/05, I call the HR Manager to see their resolution. Note; my claim for sexual battery assault, sexual harassment is not included. They do not wnat to hear, nor recognized. The manager from HR tell me that my employment with the hotel has been terminated,She could mail my final pay or I can pick it up. I opted to Pick up.
On the advised of two other HR Directors, I phoned the Corporate Regional Office. The Regional manager, tells me after 3 days, that I'm not fired, just suspended. To call my HR department and ask for an apointment for Peer review. Now we're talking about 7 days suspension so far. I do as recommended by this person. It takes another 4 days before I'm informed of the date.
In the Meantime, Jimbo, gets his peer review. Surprise!!!! he is reinstated with just a writting warning!!! his review lasted 3 1/2 hours for deliberation, since the HR Director wanted an unanimous decision.4 to one reinstating. Mention of sexual misconduct by Jimbo is not mentioned at all.
Mine.... well... by now anyone reading this should be able to guess.
Deliberation lasted 1/2 hour. HR director tells the panel that is enough for a decision not to reinstated. My claims are not mentioned not allow to. All that matters is that I violated a major rule of engament, not the reasons on why I reacted this way.
So far per California Equal Pay Laws, Fair employment. My Holiday has not been paid. Suspension (14 days) witout pay are in limbo. HR Director tells me that I'm not terminated, just suspended (see time lenght for suspension, I was never informed of being on administrative suspension or leave without pay). He then gives me a letter stating my last of employment as 9/12/05. But hey!!!! I'm suspended, not fire. No one ask, What promted him to acts this way, nor to check how many warnings, verbal or written he has on the past 9.5 years. By the way 0, Just awards and commendations.
As for Juanito and Mondo. See no evil, hear no evil, speak no evil.
(I guess this is the kind of situation one needs to find out who is a honorable man.....or better yet.... when shit hits the fan, we shall see how many man are going to stand).
So far I have not received my termination papers, they are in the mail, as of Tuesday. Well there goes my UI benifits.
Please, bear with my grammar, right now I'm on spanglish mode.
While all of the above has a twisted sense of humor is not to offend any one reading this post. All I ever had is my name, self education, faith and humor.
I'm looking fowards to you replies or advice even criticism, it will be welcome. Is this discrimination,Sexual harassment, wrongful termination or something that I should flush???
Thanking you all in advance.
1coqui.

