• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

told to get out cuz i wudnt date my boss

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

stephyleo723

Junior Member
Hello I'm in the state of Nj I have a mediation November 15 of this year for this case. I worked in a shop office doing billing and coding. I took the job after being laid off n I was desperate with in a week I knew I made a big mistake the boss let me know I was hired because of looks and my sex that it'd attract bussiness. He's 50's overweight and married and approached me and my coworker ( also female) saying he's a millionaire and getting a divorce asking us to get drinks etc. We of course weren't interested and then our schedules were being changed constantly literally the day of also hours worked were being deleted off our time cards to reduse pay. They messaged us VIA Facebook giving thier phone numbers. I advised the other girl to come with me to the civil rights office as I called corporate headquarters to no avail. She was too s cared as they threatened her and knew where she lived. I kept record of everything I cud and showed it to civil rights they took my case. A month later I was terminated when I refused to work a schedule my now ex boss rewrote the same day literally hours of notice when I had sick family to take care of . They fought me for unemployment I went without income for 2 months n almost became evicted lost my car insurance etc and then finally won it on all counts as I was never late and had 0 write UPS. They tried to call me insubordinate and misconductfull and the judge ruled in my favor. I had mediation with their attorney through the state to no avail. So I got a lawyer and here I am . I have the revised schedules, changed time cards ( missing pay) without my consent, picture documentation of message via Facebook, pics of my phone showing calls to corporate, also recording of comments of why I was hired what should I expect from mediation on the 15 th my lawyer said they want to settle but is like more info thanks for any tips or advise :)
 
Last edited:


eerelations

Senior Member
Your lawyer is in a way better position to tell you what will happen at mediation than we possibly could.
 

commentator

Senior Member
If they will settle with you for any amount, I'd jump on it with both feet, though of course your attorney will be the one who will be able to give you the most help on this.

But the fact that they fought you on your unemployment so that you were over two months getting unemployment checks (and almost lost your car insurance and had great financial hardship) should not be any kind of factor whatsoever in reimbursement or damages.

The unemployment system is not needs based.The company or the employee has the full right to fight or contest the unemployment decision, your empoyer was fully entitled to do so. What is said and presented inside the unemployment system cannot be used as evidence outside it, and the employer can't be sued civilly for not being perfectly truthful about the details of your termination to the unemployment system.

The unemployment insurance system makes no assurances that you will receive any money from them in a timely manner, or that slowing your receiving of that money by appealing the decision for you to receive benefits is not legal for the employer to do. Even if you are approved hands down for benefits uncontested by the employer, it can take a fairly long time to get your money. You can't claim any kind of harrassment against the employer based on what happened regarding your unemployment benefits.

I understand that going before the unemployment judge and winning your case may make you feel very powerful and justified. But it isn't guaranteed to play over into other areas. In the other world, outside the unemployment system, what happened there is not going to carry any weight. Otherwise, it sounds as if perhaps they fired you for lack of cooperation with his romantic plans. You had some damages, perhaps lost wages and hurt feelings, but I'd settle quickly, oh yes!
 
Last edited:

Beth3

Senior Member
what should I expect from mediation on the 15 th my lawyer said they want to settle but is like more info

Your attorney is in a far better position to advise you than strangers on a public bulletin board. For what it's worth, I'd guess if your employer really wanted to settle for a reasonable amount, they'd have done so already. Your employer does not have to wait for mediation to do this. I expect the employer will throw out a really low-ball dollar figure and see if you'll bite.
 

ESteele

Member
First, what do you mean “I had mediation with their attorney through the state to no avail”? Whose attorney? Is this your second mediation upcoming on November 15? What happened at the first mediation?

Second, if at all possible, I would recommend you schedule a meeting with your attorney in the interim to discuss your settlement strategy in connection with mediation. Your attorney should be able to give you his or her informed opinion of the value of each of area of your potential damages (e.g., back pay, front pay, compensatory damages, punitive damages). Your attorney can also advise you (or advise you again) of (1) the relative merits of your case; and (2) the pitfalls of possibly litigating this case over the course of years as opposed to possibly settling within a matter of weeks or months.

With a better understanding of the merits and the damages here, you can have an informed discussion with your counsel regarding the “bottom line” you would seek to net out of mediation and/or any future settlement discussions. FWIW, you appear to have a solid, cognizable harassment/retaliation claim.

One final point worth mentioning: Commentator is correct in stating your prevailing at unemployment does not necessarily mean you will prevail in your anti-discrimination action. With that said, though, the fact you especially suffered identifiable and substantial financial hardship as a result of allegedly retaliatory discharge may factor into the assessment of compensatory damages and possibly punitive damages if a jury ever considers your case.
 

commentator

Senior Member
I concur with this, didn't mean to imply otherwise. She cannot claim that the employer's actions in contesting her unemployment insurance was part of their harassment of her. But she can certainly claim that their firing her in the first place caused her great financial hardship.
 

Jendor

Member
More than 10 years ago, in different state than OP's, I was in a "similar" type of situation. A superior tried to make advances on me which I turned down. I had ended up losing that job as a result of turning down the superior's advances. Loss of that job caused serious financial hardship.

Spouse and I consulted an attorney after the wrongful termination. I'm sharing this story, because although it did not take place in NJ, the legal consultation we sought I feel may apply here -

The state we lived and worked in at the time is right to work state, meaning that employer did not need any good reason for termination. Discrimination was unable to be proven. - while writing out this message, I looked it up online, and my understanding is that NJ is not a right to work state - I could be wrong, so that could be the one variable on your situation making it different from what mine was.

Attorney we consulted with also had this to say "You're better off without that job." That was hard to accept when barely making it living paycheck to paycheck, then terminated for something not my fault(refusing the sexual advances), but proving it would have been superiors word against mine. Many years later, I am thankful not to be working there with immoral people. Yes, spouse and I hit very hard times as result of that job loss, but in hindsight, that attorney was right.
 

cbg

I'm a Northern Girl
FYI, right to work means that you do not have to join a union to get work. What you mean is that the state you lived in was an employment at will state. It may have been a right to work state TOO, since 49 states are employment at will states; 22 states are right to work states, and there is one state which is neither, but right to work had no relevance to your situation. Employment at will did.
 

stephyleo723

Junior Member
Well my first mediation was though the state I had no attorney at that time my laywer is new on the case n when I met her a few days ago it was for the first time n she said she wasn't familiar with it HENSE my posting on here I don't know much I know sum did not know about the unemployment stuff but they wanted all of that info both sides did they also asked for my tax returns and everything financial I had going back yrs upon yrs also when they were firing me at first they claimed it was for misconduct then they changed it to insubordination and as the judge was looking over the case ( it was trial VIA phone * rolls eyes* oh what fun ) they wanted to come at me with both charges and both got dismissed .
 
Last edited:

stephyleo723

Junior Member
Also forgot to mention when they were fighting me over my unemployement it was around the same time they were served papers by civil rights as I had them before my attorney the management became outraged and fired numerous people that day ...these people were me n and had multiple write ups for misconduct etc....they were all able to collect I was not the company never fought them none of them all were male I know this from them calling me them self telling me what happened ...after mediation thru the state with the companys attorney and no representation of my own they ended up firing all of the management except one person who was the district manager and it was the manager underneath and his assistant manager who did all the acts towards me and the other female coworker they were fired for " theft in the company" ...I don't know if this matters however I know the management was using drugs and this if its true and not an excuse to get rid of all involved for what happened , is most likey thier funding source. I notified the corporate headquarters of suspicious behavior almost 3 months before my termination and no investigation was ever done for my claims of harrasment nor the activity that was going on ....not until I was fired n got a lawyer then things started happening
 

ESteele

Member
Based on what I can glean from your recent posts, I would reiterate the earlier suggestion that you should meet with your counsel again in advance of the mediation. I would strongly recommend that the two of you discuss the liability and damages issues related to your case as preparation for your upcoming mediation. It remains unclear how you and your attorney – who you only recently retained – can effectively proceed to mediation without conferring over these considerations in advance.

Separately, FWIW, if upper management has fired the supervisors who harassed you and/or effectuated your discharge, this development may likely inure to your benefit. If the company has terminated these “bad actors,” then it may not be able to “count on” them as this litigation develops. Nonetheless, the company remains potentially liable for these managers’ allegedly unlawful actions against you. Accordingly, this factor may influence the company to be more inclined to reach a mutually negotiated agreement earlier rather than later.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top