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Job Discrimination and Harassment : Includes discrimination in employment on the basis of race, color, creed, national origin, gender, disability, etc.
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Old 07-12-2005, 05:08 PM
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Join Date: Jul 2005
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Do I have a case?


What is the name of your state? Tenneesee


Ok, Im not sure if this is the proper forum, but I couldnt find one that fit better. I have worked for a large corporation for three years now. I am currently the operations manager in my store. Before I was promoted to this position, there was an assisstant manager who repeatedly showed me weapons and made comments such as " y'all wont know what to do when I come in here in my cammies with a gun." I brought this information to my GM, and was told it was my word against his. I carried on, and was eventually promoted to my current position above him. He was upset about this for a while, and told another assisstant manager "Rick might find himself in the parking lot with his throat slit." This assisstant wrote a statement dated and signed, and the issue was brought to company Human Resources. Again I was told it was one persons word against another's. I was forced to work with this individual everyday for a further three months. At this time, a store associate (female) told me that this same individual had been sexually harrassing her, following her to her car after work and asking her on dates after being repeatedly told she wasnt interested. He also made sexual comments to her, asking for oral sex. I brought this to human resources, full with a statement from the victim. Once again we were rebuffed, and it was suggested that I had put her up to it to get back at him. Finally, he was transferred to another store. Then just recently I had another similar employee. When asked not to leave on break without notifying management he became confrontational, eventually getting worked up enough to yell at and curse me. I did the formal paperwork, and with another manager present fired him. He later called and complained, and told a false story about me. Today Human Resources called me, telling me I did not have proper reason to terminate the associate. After teling them my side, it was implied indirectly that I was lying. I am now under investigation. Do I have a case?
  #2  
Old 07-13-2005, 07:36 AM
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Join Date: Mar 2002
Posts: 13,389
No, you don't have a case although I rather wish you did. Your employer's actions are astonishing. In this day and age, the vast majority of employers take an employee making threats of violence extremely seriously. Same goes with claims of sexual harassment.

If for some bizarre reason your employer has concluded that these two nut cases are more credible than you, the assistant manager, and the SH victim, that's their decision to make. It defies all logic of course but you don't have the basis of a lawsuit simply because they don't believe you.

This employer is exposing themselves to some substantial future liability however. If, for example, the first employee you cite actually acts on his threats and/or continues to sexually harass co-workers and the employer had been made aware of his prior actions and failed to deal with them...well, all I can say is that I wouldn't want to be in their shoes. $$$$$
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