i was given an undetermined leave of absence

[corymoran]

What is the name of your state? What is the name of your state? il
a month ago upon arriving at work at a restaurant i was informed that i was being put on an involuntary indefinite leave, because they alleged that i had previously spit in a patrons dish. i have worked there for three years, it is a small greek business and not run in any traditional fashion. i've been told that a decision would be made when the oldest brother returns from greece. they have contested my unemployeement request due to gross incompetance. do i have any legal ground to stand on?

 

[Beth3]

Legal grounds for what? To receive UC benefits? The burden of proof will be on the employer to demonstrate to the State that what they're accusing you of happened. That pretty much means they'll have to produce a credible eye-witness or a surveillance videotape at a UC hearing proving it. (By the way, I suspect the issue they're raising is willful misconduct, not gross incompetence.) You in turn alledge your innocence and the UC Divison will decide who to believe.

As far as other legal issues, I don't see any. An employer may suspend or terminate based on suspicion of misconduct. They aren't a court of law and they don't have to have proof.

Since you've been suspended for a month already and who knows when the brother will be returning from Greece and what he'll decide, I suggest you look for other employment.

 

[corymoran]

further explaining situation

thank you for your reply and corrections. i guess i need to explain my situation better. sexual harrassment runs rampent where i work, though only once to me(the owners father tried to run his hand up my skirt). i had decided to let it slide and as long as the harassment stopped towards me, mind my own business. also the restaurant practices some interesting accounting, mostly by paying employees under the table etc. this is how they maintain control, through financial and psycological intimidation. in my anger i'm tempted to contact the irs or sue over the sexual harrassment and maintaining a hostile work envoironmen(two of the three owners berate, scream, physically intimidate on a regular basis- one once threw a wine opener at me then demanded that i pick it up. i'm just at a loss as to how to best handle my situation, i have mouths beside my own i have to feed.

 

[cbg]

Just for the record, screaming and yelling at employees does not constitute a "hostile environment" in the legal sense, even though it may in the dictionary sense.

If you have been sexually harassed, you may contact the EEOC or the state discrimination board. There are strict time limits, however; you must file with the EEOC within 180 days of the last instance of harassment. This can be extended to within 300 days, depending on your state law.

Be aware, however, that the fact that you "let it slide" until after you were fired may well look like retaliation on your part, unless you have some very solid evidence to support your case.