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  1. #1
    Join Date
    Nov 2008

    Default Workplace Harrassment and Discrimination

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

    Hi Everyone, I need some advice so I hope you can help. I guess I should give you the details first then ask the questions I need help with. I filed a charge of age discrimination with the eeoc, my case was excepted and I am waiting for a reply reguarding mediation ( I said yes to mediation, but waiting to hear about employers decision to mediate). I worked for a female Manager that treated me different then the younger girls in the office. I am much older then the others. During my employment I had been passed over for a promotion with the reason that I couldnt relate to the younger customers. Besides that I had my life threatend (many times) by this manager if I ever turned her in for her abusive behavior. I had my job threatened and even was told to step outside so she could beat me to death. I was called horrible names that are to vulgar to put on here. I have been retalliated against when I did turn her in and wrongfullly written up a couple of times. I have documented proof that I turned her in ( thru emails to her supervisor and HR that I kept copies of ). No action was taken except for the occasional trip to the office and having a conversation about her unexceptable behavior. This manager has had 28 customer compalints filed against her reguarding her abusive and discriminating behavior. I have former employees that are willing to testify to her abuse ( they all quit before I finally left ) I have a copy of one of the customer complaints stating the discrmination they witnessed that was forced on another customer. To make it simple, this manager practices discrimination on everyone she doesnt like. There has been a dicrimination compliant filed with the BBB on her. Another former employee came forward this week and also filed with the eeoc. Since my numerous requests for a transfer have been denied by back office because they felt it would hurt the offices productivity if I left and telling me to just ignore her abusive behavior because she was under alot of stress I decided I could no longer work in that enviroment. I walked away from a high paying job and outstanding benefits. It has caused stress on my marriage and health. Because of the economy I had to take a much lower paying job with no benefits. Ok with that being said, here are my questions.

    1. After I sign a except to mediation letter how long before I know if my ex employer excepts to mediate?

    2. How long does it take to get a mediation date of both parties are willing to mediate?

    3. How do you calculate loss pay and damages? I had been with the company for over 2 years but planned on staying until I retired at age 65. I only worked for this manager for 10 months, so prior to her I had no problems and was considered an outstanding employee.

    4. Could my ex employer call me or the mediator and decide to just settle without mediation? This is a fortune 500 company that has already had enough bad press in the past.

    5. How do I prepare for mediation? I have never been in this situation.

    6. Considering another employee came forward to file a complaint with the eeoc will this prolong the process? Or will it help quiken the process?

    My investigator said I can ask for pay up till I reached 65 years of age , plus what I could have gotten for pension and 401K. This would be over a half million, which I know would not be close to the settlement offer. But I dont want to cheat myself short. I went thru 10 months of hell and had to walk away from a job that I truley loved. I would still be there today if I was allowed to transfer. I have documents and witnesses so i believe I have a strong case. One last important note. I will NOT have an attourney because I cant afford one. The retaining fee would be to much for my pocket book. Thanks for your answers.

  2. #2

    Default Re: Workplace Harrassment and Discrmination

    One of the issues I would want to know as mediator: were police ever notified about possible criminal assault/threats (even if a report wasn't taken)? Was a restraining order ever sought?

  3. #3
    Join Date
    Nov 2008

    Default Re: Workplace Harrassment and Discrmination

    Just sticking my nose in here.
    I also had a situation and did not notify the police regarding it. It was a work related issue it the police notification important?
    I also cannot afford an attorney at the moment but suffered retailation for whistle blowing when it was demanded of me to scam people. My branch manager repeatedly held a carrot in front of me to deliver him his numbers and always promising to release me from the Unit Manager's grib it I did. What I got was necessary sales aids withheld and rumors in the office that I was doing the things to cause the treatment. In the end that which I had worked for and yet received was no benefits received, my signed employee contract hidden, threats and promise of future continuation of such after the Unit Manager was fired for his illegal activity I was given to his buddy to continue the abuse. Every where I turn there is no help.

  4. #4
    Join Date
    Nov 2008

    Default Re: Workplace Harrassment and Discrmination

    Unfortunately I did not call the police when she made the threats, however my assistant manager was standing right beside me at the time and is willing to be a witness. I wish I had called or got a restraining order against her, but when you are in a situation like this you cant think clearly. At least I couldnt from the fear and upset it caused.

  5. #5

    Default Re: Workplace Harrassment and Discrmination

    Police involvement when there is even the possibility of criminal activity is important because employers conduct employment, and police conduct policing. When there are allegations that the CRIME of assault (threats) has occurred, courts (and mediators) tend to treat it much more lightly if the complainant didn't find the action to be SO outrageous as to notify PROPER authorities about it. An employer isn't a proper authority for a criminal matter - and while employers CAN be held liable under third party liability IF actual damages occur, AND the employer has reasonable notice that such action might occur, it requires that something actually HAPPEN (whereas police can act on just the THREAT, and courts can issue restraining orders based on same). The process of the criminal justice system is formal - there are procedures and levels of action that can be taken (probable cause needed for arrest, beyond a reasonable doubt needed for conviction, etc.). Employers, on the other hand, even those with super great policies and procedures do NOT provide this level of protection in probably 99% of companies and employers have lots of loopholes (or lax, lacking, or non-existant policies) that allow them to keep employees that they want and ignore other employees until they become miserable enough to quit.

  6. #6
    Join Date
    Nov 2008

    Default Re: Workplace Harrassment and Discrmination

    We / I should have deffinately called the police, but since no action had been taken from corporate reguarding my manager's abusive behavior and not knowing that you could turn to the EEOC for help, we thought we would lose our jobs for sure. I wish I could describe just how awful it was working for this lady. We / I felt like we were walking on egg shells all day long. I hoenstly think this manager has mental problems. She is on the extreme side of being a workplace bully. I wasnt the only team member that suffered under her management. I truley had a constant fear of losing my job ( wich I could not afford at the time ) and felt that she would make good on her threats. I did mention to the investigator that I was terrified of her and if she contacted me I was going to file a restraining order against her, he agreed. I have even witnessed a employee get slapped by her. We were all terrified of her. I just managed to stay the longest and try to deal with it the best I could. It was like being married to an abusive spouse, you hope that one day they would change but that day never comes and you realize that you need to leave. I guess that was how I looked at it and tried to deal with it. It was the only way to stay sane.

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