Unbelievable Reaction

[Untamedhawk]

(Kentucky)

I've been employed for 3 years with the company I work for. I've dealt with being over-looked, and not given interviews for positions that came available.

A woman I worked with was always too forward 'openly' with her (sexual) intentions with me, and I tolerated it for a while. She was promoted to supervisor (mine, as well as others), thus began a barrage of slanderous remarks and restrictions toward me. This was reported.

Many others had reported her actions of being overbearing with her authority, and she was demoted to a position of Level II in my field (I'm Level I). I guess I was somewhat satisfied with this, since I knew she too needed a job. After about 4-5 months, she was promoted to supervisor again!

Another (Male) supervisor was reported (to me, by a female employee) of sexual harassment, and upon looking into this further - I found he had a criminal background. The company has fired many for background checks coming back negative. So, once again and adding more to my complaints - I reported the 'old news' with the newest additions.

I have sent emails to every channel within the company looking for answers, and it seems as if everyone keeps turning their heads the other way. I met with the Vice President of the company, and was told that I needed to forget what had happened in the past, and move forward.

All of this has taken place within the last year, and now - I'm looking to one of the co-founders for answers. I'm almost positive that this is going to be overlooked, and retaliation is headed my way for my reports.

After meeting with the Vice President, I sent an email summarizing the details of our discussion (Which was forwarded to one of the co-founders days later) as follows (all names have been removed):

To (Me):

Thank you for this summary. We are committed to listening and acting upon all of your feedback.

We will schedule a follow-up conversation as soon as we have more information.

(Vice President)


Thank you,

(Vice President)




--------------------------------------------------------------------------------
From: (ME)
To: (Vice President)
Cc: (HR)
Sent: Sat Oct 24 12:37:26 2009
Subject: FW: The Passed Few Years


Hello,

The following are topics that were covered during the meeting on 10.23.09 that was requested by Vice President on 10.15.09, regarding emails that have been provided on several occasions in hopes of resolving many issues. (HR) attended, without knowledge of these incidents.

1. Feeling overlooked for many positions that had been applied for.

2. Interviews for positions not being offered to me.

3. Being asked to work during my scheduled vacation, with the promise of being paid. Only to be informed after, that HR refused to honor the time worked. (My current Supervisor) was present for this.

4. Sexual Harassment directed towards me by a colleague (My Supervisors' name) that had been reported on several occasions.

5. Inappropriate and slanderous remarks made against me by my Supervisor (My Supervisors' name) to others.

6. The demotion of (My Supervisors' name) to a Level II position, due to many negative reports.

7. The promotion of (My Supervisors' name), once again to a Supervisor position after many negative reports.

8. Two individual reports of (Male Supervisor) inappropriate conduct toward female employees, one of which was sexual. This was reported to (Managers' name), and was overlooked as stated by (Other person reporting), who quit her job that day. She was rehired months later.

9. (Company name)s' guideline of not hiring felons, while we keep (Male Supervisor) employed, after terminating others.

10. Irrelevant inquiries of a personal relationship, that ended due to work related and personal reasons.

11. Others feeling intimidated by their superiors.

12. Requesting that surveys be put into place, asking for honest opinions of employees. This would help in locating similarities of issues without anyone feeling at risk.

13. Being advised to move forward, and forget about the past that had occurred at (Company Name).

14. Resigning my employment with (Company name), and being asked to stay.

15. Feeling uncomfortable with my employment, due to steps that have taken too long to get this far, and the possible retaliation of individuals involved.

16. Being asked why I kept my employment with (Company name) if I were so upset at the way I was being treated.

17. Being advised that I was expected to do my job and no other, despite what the management team requested of me.

18. Not wanting to state the action I expect to see taken, and not understanding why I or anyone else would or should be expected to tolerate these issues being ignored any longer.

19. The question of what I felt I had done to create or take part in the reported actions, to bring them into existence.

Upon the last question, I stated that the meeting was a waste of time along with the cynical behavior exhibited when more information was requested, and denied on my part. The act of not understanding the reasons for my reports, and a comment on my body language, leads me to believe that looking for answers within the company are futile. I did however say that I would wait to see the outcome of what transpires, before moving forward.


Thank you,
(Me)

Any Opinions p l e a s e

[Antigone*of*Greece]

You might want to start sprucing you your resume.

[pattytx]

I stated that the meeting was a waste of time

And they're probably feeling the same way. Start taking your personal items home as well as sprucing up the resume.

[Untamedhawk]

Remember, there is such thing as Wrongful Termination.

[Antigone*of*Greece]

Originally Posted by Untamedhawk

Remember, there is such thing as Wrongful Termination.

Unless they terminated you for legal reasons (of which you should educate yourself ~ Google is your friend). They can fire you because you are wearing green socks...right Patty

[eerelations]

Originally Posted by Untamedhawk

Remember, there is such thing as Wrongful Termination.

OK, here's some accurate and solid legal information:

A termination is only considered "wrongful" under the law is it's based directly and specifically on things like race, disability, gender, age (only people over 40!), or religion. Nothing in any of your posts indicates that your employer is discriminating against you for any of these things.

Your employer may legally fire you for complaining so much. Your employer may also legally fire you for insubordination if you disobey orders and complain again.

Again, this is not advice or opinion, this is fact.

[Untamedhawk]

There are items on the table that need to be investigated, and termination with these items being brought to the attention of the company is illegal, as well as wrongful.

I don't mind being fired at 43, I'm actually expecting this to happen. I'm just waiting to see what is done about what has been presented, before they find that reason that allows for it.

[Untamedhawk]

Code Section 338.121 & 338.991
Prohibited Employer Activity Can not discharge or discriminate if employee or representative files a complaint, institutes a proceeding or testifies regarding a violation of any occupational safety or health statute that threatens physical harm and imminent danger
Protection for Public or Private Employees? Both
Opportunity for Employer to Correct? -
Remedies File a complaint with commissioner for reinstatement, back pay, and other appropriate relief
Penalties If willfully or repeatedly violates, minimum $5,000 and maximum $70,000 per violation; otherwise civil penalty, maximum $10,000 per violation
Code Section 61.101, et seq.
Prohibited Employer Activity Can not subject to reprisal, threat to use authority, or influence in any manner, against any person who supports, aids, or substantiates a report or an employee who in good faith reports, discloses, divulges any facts, or information relative to an actual or suspected violation of any law, statute, executive order, administrative regulation, mandate, rule or ordinance, mismanagement, fraud, waste, abuse of authority or substantial and specific danger to public health or safety
Protection for Public or Private Employees? Public
Opportunity for Employer to Correct? -
Remedies Civil action for injuries or punitive damages within 90 days after violation
Penalties -

[Proserpina]

Originally Posted by Untamedhawk

Code Section 338.121 & 338.991
Prohibited Employer Activity Can not discharge or discriminate if employee or representative files a complaint, institutes a proceeding or testifies regarding a violation of any occupational safety or health statute that threatens physical harm and imminent danger
Protection for Public or Private Employees? Both
Opportunity for Employer to Correct? -
Remedies File a complaint with commissioner for reinstatement, back pay, and other appropriate relief
Penalties If willfully or repeatedly violates, minimum $5,000 and maximum $70,000 per violation; otherwise civil penalty, maximum $10,000 per violation
Code Section 61.101, et seq.
Prohibited Employer Activity Can not subject to reprisal, threat to use authority, or influence in any manner, against any person who supports, aids, or substantiates a report or an employee who in good faith reports, discloses, divulges any facts, or information relative to an actual or suspected violation of any law, statute, executive order, administrative regulation, mandate, rule or ordinance, mismanagement, fraud, waste, abuse of authority or substantial and specific danger to public health or safety
Protection for Public or Private Employees? Public
Opportunity for Employer to Correct? -
Remedies Civil action for injuries or punitive damages within 90 days after violation
Penalties -

Why do you believe this is relevant in your case?

[ecmst12]

I don't believe that you can make a sexual harassment complaint on behalf of someone else. They have to make the complaint themselves.

When sexual harassment is reported, the only responsibility of management is to make sure the behavior stops. They don't have to tell you what action they took, they don't have to fire the person, they don't have to do ANYTHING as long as the behavior stops. If it doesn't, the complaint can be taken to the next level (within the company, or the EEOC).

"Slanderous remarks" which are not sexual in nature or discriminatory regarding any of the Title VII characteristics are NOT illegal and management has no legal obligation to make sure your coworkers are nice to you.

If you were not paid for any time that you worked, you can file a wage claim with your state DOL.

[eerelations]

OK, I've read through your issues again, and I've read through your whistleblower protection stuff, and I still don't think you'd have a case for wrongful termination if you're fired.

Where have you reported to an outside agency that your employer is breaking a law? (And if you're talking about the sexual harassment stuff, please note before you try to respond that:

1. reporting it to management doesn't count as reporting it to an outside agency; and
   
2. if it's happening to someone other than you, you aren't legally entitled to report it to an outside agency anyway.)

Your responses to my posts give me a sneaking suspicion that you think you know more than me, and my esteemed colleagues here. If that's the case, why did you bother posting in the first place?

[Untamedhawk]

It's nothing at all like that.

I found the article, and was excited about it so I posted it for any advice (before reading it thoroughly). I see now where it's not relevant to my story.

My only problem is: I've dealt with the negativity at work for so long now that I'm tired of it, and completely frustrated with the thoughts of going in each day.

I do appreciate the posting here, but I'm trying to find a good reason as to why my story ever came to this point. I work very well with others, and have tried to keep this within the company.

Our company has made the statement that "Sexual Harassment will not be tolerated" and I've seen many removed from their employment based upon 'investigation'.

Along with other actions that I've had to accept, as being part of my employment - I've just gotten to the point that going to work makes me feel sick. I used to love my job, and actually had fun doing it. I've tried for so long to get the attention of 'higher ups', to tell them the way their company is being ran, and now feel as if I'm the one that will pay for it.

I'm 43, and have applied for many positions there. I never get interviewed, but see 19 to 20 something year olds promoted. I'm not after riches, or wanting to see someone else hurt.... I'm just tired of being treated as if I don't matter.

[eerelations]

This is a legal forum, so all you're going to get here is legal information.

Allowing negativity in the workplace isn't illegal.

Promoting unqualified juniors isn't illegal.

Reufsing to promote you because you complain too much isn't illegal.

Refusing to investigate sexual harassment claims made by non-victim employees (such as yourself) isn't illegal.

Firing you for continuing to complain to senior management, even for things like non-compliance with company policy, would be perfectly legal.

I'm sorry, I know this isn't what you want to hear, however it is factual and accurate.

[Untamedhawk]

I do understand all of that, although I was one that was put in a position of being harassed. I do thank you for your time, and posts.

[eerelations]

You were harassed? Was it illegal harassment, i.e., based directly on things like your race, gender, religion, disability, or age? Please describe the illegal harassment.