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MALE to MALE SEXUAL Harassment - Do I Have a Case?

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mycity148

Junior Member
Okay here's the thing. I'm a 19 year old straight male. I was recently threatened to have my hours taken away if I did not go out with my boss. Please read further because there are some variables that I'm not sure if they affect the situation.

It is a small independently owned retail store. The general manager who hired me is the person I had this problem with. Before I even was hired, I had a series of interviews. In only the second one he started talking about a management position that may be open to me. He asked if I was looking for a long term job and I said yes because I have a girlfriend and a baby on the way, and he replied with 'so I guess that rules out my chances'. The way he acted towards me was very weird but I brushed it off. He warned me that the lady who trained me was very 'open with her opinions'. She ended up telling me how he drinks on the job and how a few employees have reported it to the owners but nothing has been done about it.

Anyway, I was hired there about a month ago and I have only worked 1 day. I was supposed to work this past Saturday, when he called me and told me he didn't need me to come in but that there was something he needed to talk to me about and that he would call me Monday. I didn't get a call from him on Monday, so I called in today and this is when all of this happened. He said 'I'm not sure how you feel about this but I was hoping we could go out some time but confidentially.' When I respectfully declined he said 'ok, well it looks like that management position has suddenly closed.' And he went on to tell me about he wasn't putting me on the schedule this next week and to call back next Wednesday for my schedule but that it would most likely only be 1 day a week. It seemed very sarcastic and like a response to me turning him down.

For the 1 day that I worked 3 weeks ago, paychecks were issued 2 weeks ago but I haven't went in to get mine yet. During this same conversation, he asked my social security number. I gave it to him and didn't think much of it. When I asked why he needed it, he said 'it's for paychecks and such' and that I wouldn't be able to pick up my check because they didn't have my social security number on file. I know on my application as well as on the paperwork I filled out when I was hired I wrote my social security number multiple times and they even made a copy of the actual card. Now that paycheck was issued 2 WEEKS AGO, so now all of a sudden why is my social security number stopping me from getting it? If that was the case don't you think they would've let me know that before?

I feel like what I have heard from other employees that it's pointless to go to the owners with this. I'm looking into suing both the man who did this and the company for allowing the man they appointed boss to unfairly take out grudges on people for not doing what he wants. But I've never been to court before or done anything like this. Based on this do I have a case and is it something that can be taken care of in small claims or without a lawyer? Thank you.
 
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mycity148

Junior Member
I'm sorry, the state is West Virginia. And the company has about 7-10 employees. I only worked 1 day and there were only 2 other workers and 1 manager so I'm not sure of the exact amount.
 

ecmst12

Senior Member
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CAemploymentlaw

Junior Member
It is possible your employer is not covered by Title VII (the federal anti-discrimination statute enforced by the EEOC), although there is no way to determine this without the EEOC conducting at least an initial investigation. You would not necessarily know the number of employees they have on payroll at any given time, related companies, office employees, part time employees with only occasional duties, etc.

You might consider calling the folks at the West Virginia Human Rights Commission: (304.558.2616) http://www.wvf.state.wv.us/wvhrc/WVHRC faq brochure.pdf. I do not know if the West Virginia anti-discrimination laws are subject to the same minimum number of employees as the federal statute, I would guess probably not. I also don't know whether West Virginia would consider same sex harassment a form of sexual harassment or sex discrimination, but the folks at that agency should know.

I'd also talk to a local employment attorney about this. This is a serious enough situation that it probably calls for more than trusting the advice of some strangers on the internet.
 

ESteele

Member
If there are twelve or more total workers employed by your (former) employer, you should consider contacting West Virginia Human Rights Commission to explore with an intake representative or an investigator whether you can file a quid pro quo sexual harassment complaint under the state’s employment discrimination statute. Considering that you observed anywhere from 9 to 12 employees, at a minimum, work for your employer, it would behoove you to speak with a commission representative to explore your options under these circumstances.
 

commentator

Senior Member
If this is so much of a half ***** employer that they didn't even do pre-employment paperwork, get his social security number, any of those very ordinary things, it sounds to me like a VERY fly by night small employer! If I were he, I'd forget all this lawsuit nonsense and find another job, pronto! Were they going to pay him under the table or something?
 

eerelations

Senior Member
And 100% correct. Do you have a problem with posting correct information? :rolleyes:
If you'd bothered to actually read my post you would have seen that I never said your post was incorrect.

That foot you've jammed down your throat's probably getting pretty uncomfortable right now isn't it? :cool:
 

davew128

Senior Member
If you'd bothered to actually read my post you would have seen that I never said your post was incorrect.

That foot you've jammed down your throat's probably getting pretty uncomfortable right now isn't it? :cool:
Wouldn't know. Because I'm not the one who has hair across their posterior.

More to the point, since my post was correct as you yourself stated, then you should have had no problem with its content. Instead you opened your trap and allowed nothing of value to come out.
 

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