I had to quit. Do I have a case?

[tati24]

What is the name of your state (only U.S. law)? Maryland

Hello, I would really appreciate any advice on this issue I have at work.
I currently work for a well-known company -actually I worked for them until today. I resigned today because the District Manager wouldn’t help with my transfer request.

Basically my current boss has been asking me out probably ever since I started working, but he always said it jokingly; matter of fact he says everything jokingly so most of the time ppl can’t really tell whether he is serious or not; He has a lot of sex jokes that make me feel very uncomfortable, but everybody else usually laugh at them. I’m the one that’s “too serious” according to all my coworkers but really, I’ve never worked with somebody like this before. However, about a month ago, he definitely went too far with me.
He followed me to my car and as I got inside, he jumped in on the passenger side and startled me. I was really in shock, so I finally told him yes we can go out to a restaurant but it had to be right at the moment; he wasn’t ready so he asked me to text him my address later that night. I did agree, so that he could get off my car. To my huge surprise, about an hour and a half after, he texted me with an interrogation mark (?), he was waiting for me to send my address. I realized this guy was REALLY serious. I didn’t sleep that night and that was the turning point for me. The next day I told him not to text me anymore otherwise I will call HR on him. And I said that in front of everybody because they KNOW what is going on. He got mad and told me he was joking with me- (I didn’t buy it of course). I was in an abusive relationship before and feel like I have to defend myself now if I feel threatened like that, so I guess people may feel like I overreacted. This happened over a month ago. Since then we don’t talk to each other at work and the situation is very tense. I just can’t stand him anymore.

So last week I asked to transfer to this other location, and I really couldn’t find anything else to say than the truth to this other manager. It really just came out. I told him my manager asked me out. I didn’t go into details but he asked me to talk to HR, I said No way. But I would have never thought that he would take it to the district manager. So the following morning, the DM came to my work location and called me to the office; I was in shocked when he asked if it was true, so I first said no, and then I said yes. He got mad coz I lied in to him in the first place but really I didn’t mean to throw the guy under the bus. I just wanted a transfer; he asked me to write a statement basically explaining what I just related earlier. I have the feeling that whatever I said was being recorded because he kept looking at his laptop the whole time. I did tell him, my manager stopped harassing me when I told him I was gonna call HR. He told me they will contact me to investigate this.
In the meantime I can’t keep working at this location as I feel like everybody is against me, it’s just very uncomfortable. I’m not sure what my manger told my co-workers but nobody is talking to me anymore and I explained all that to the DM.

I just wanna know if I could take this to court. I didn’t mean to take it this far, but I sent my resignation letter to the regional manager, who then contacted the district manager who told me he can’t transfer me because they told him I have lateness issues. According to them, I’m on conduct warning, which I was never told I was. And another lady at work (supervisor) also confirmed this with the District manager. But this same lady also witnessed when our manager asked me out. I said that to the DM and he then told me it’s a different issue. He told me he contacted HR, but they didn’t tell him to transfer me. I’m, thinking maybe I should have called myself..

I was late because I didn’t feel like coming to work anymore with all that was going on. I lost all respect I had for my manager and we were always fighting anyway. That’s why I couldn’t take it anymore and asked for a transfer.
I’m really mad at my manager who dared to say anything to keep me from transferring! I wasn’t even thinking about going to court, but I’m just really mad that the District manager chose to believe them, rather than me!

 

[OHRoadwarrior]

Case for what? You appear to have obstructed any ability of management or human resources to investigate or repair the situation. Further, you admittedly lied to the DM, thus losing much of the credibility you may have had. You should focus on cleaning up the mess you made of this by requesting your DM provide you with an employment reference.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Maryland

Hello, I would really appreciate any advice on this issue I have at work.
I currently work for a well-known company -actually I worked for them until today. I resigned today because the District Manager wouldn’t help with my transfer request.

Basically my current boss has been asking me out probably ever since I started working, but he always said it jokingly; matter of fact he says everything jokingly so most of the time ppl can’t really tell whether he is serious or not; He has a lot of sex jokes that make me feel very uncomfortable, but everybody else usually laugh at them. I’m the one that’s “too serious” according to all my coworkers but really, I’ve never worked with somebody like this before. However, about a month ago, he definitely went too far with me.
He followed me to my car and as I got inside, he jumped in on the passenger side and startled me. I was really in shock, so I finally told him yes we can go out to a restaurant but it had to be right at the moment; he wasn’t ready so he asked me to text him my address later that night. I did agree, so that he could get off my car. To my huge surprise, about an hour and a half after, he texted me with an interrogation mark (?), he was waiting for me to send my address. I realized this guy was REALLY serious. I didn’t sleep that night and that was the turning point for me. The next day I told him not to text me anymore otherwise I will call HR on him. And I said that in front of everybody because they KNOW what is going on. He got mad and told me he was joking with me- (I didn’t buy it of course). I was in an abusive relationship before and feel like I have to defend myself now if I feel threatened like that, so I guess people may feel like I overreacted. This happened over a month ago. Since then we don’t talk to each other at work and the situation is very tense. I just can’t stand him anymore.

So last week I asked to transfer to this other location, and I really couldn’t find anything else to say than the truth to this other manager. It really just came out. I told him my manager asked me out. I didn’t go into details but he asked me to talk to HR, I said No way. But I would have never thought that he would take it to the district manager. So the following morning, the DM came to my work location and called me to the office; I was in shocked when he asked if it was true, so I first said no, and then I said yes. He got mad coz I lied in to him in the first place but really I didn’t mean to throw the guy under the bus. I just wanted a transfer; he asked me to write a statement basically explaining what I just related earlier. I have the feeling that whatever I said was being recorded because he kept looking at his laptop the whole time. I did tell him, my manager stopped harassing me when I told him I was gonna call HR. He told me they will contact me to investigate this.
In the meantime I can’t keep working at this location as I feel like everybody is against me, it’s just very uncomfortable. I’m not sure what my manger told my co-workers but nobody is talking to me anymore and I explained all that to the DM.

I just wanna know if I could take this to court. I didn’t mean to take it this far, but I sent my resignation letter to the regional manager, who then contacted the district manager who told me he can’t transfer me because they told him I have lateness issues. According to them, I’m on conduct warning, which I was never told I was. And another lady at work (supervisor) also confirmed this with the District manager. But this same lady also witnessed when our manager asked me out. I said that to the DM and he then told me it’s a different issue. He told me he contacted HR, but they didn’t tell him to transfer me. I’m, thinking maybe I should have called myself..

I was late because I didn’t feel like coming to work anymore with all that was going on. I lost all respect I had for my manager and we were always fighting anyway. That’s why I couldn’t take it anymore and asked for a transfer.
I’m really mad at my manager who dared to say anything to keep me from transferring! I wasn’t even thinking about going to court, but I’m just really mad that the District manager chose to believe them, rather than me!

Seriously? If the situation really did happen the way you described, you destroyed your OWN credibility by flip-flopping on the story when properly and appropriately investigated by management. First it happened, then it did, then it didn't. No wonder they didn't approve the transfer, because they had a hard time getting to the truth, and in the end, they didn't know whether to believe you or not.

When you finally quit because you weren't getting what you wanted, you did so of your own volition. There's no one to blame but yourself. You certainly pursue legal action if you choose, but your credibility issue will be even more damaging in that process. Its hard for a court to believe that something inappropriate occurred if you couldn't say so yourself. You also cannot claim that the employer didn't take your complaint seriously, because they did. Your inconsistency in telling the story made it impossible for them to take any meaningful action against the alleged harasser.

 

[csi7]

No case.

When you file a statement for an inquiry, investigation, incident, or issue, you are stating that this is the factual summary of your case. By changing your words, you've lost any opportunity to prove the original situation through a verbal timeline.

In the future, look up the form for state and federal inquiries before you complain to anyone.

Transfer from one location to another does not resolve the original issue, and this issue is a substantial issue in the workplace.

Quitting the job does not resolve the issue either.

Any time there is a personal conflict involved in a professional situation, it is important to separate the facts from the opinion and make a decision based upon the facts.

 

[tati24]

No case.

When you file a statement for an inquiry, investigation, incident, or issue, you are stating that this is the factual summary of your case. By changing your words, you've lost any opportunity to prove the original situation through a verbal timeline.

In the future, look up the form for state and federal inquiries before you complain to anyone.

Transfer from one location to another does not resolve the original issue, and this issue is a substantial issue in the workplace.

Quitting the job does not resolve the issue either.

Any time there is a personal conflict involved in a professional situation, it is important to separate the facts from the opinion and make a decision based upon the facts.

Really? No case? Even though every single freaking body in the office knows what happened, as they were all witnesses? A couple of ppl witnessed the guy asking me out and the guy jumping in my car.
This guy didn't hide from anyone while he was doing this.

Also I never went straight to the DM as to accuse my manager of anything, so it's not like I had some kind of plans in my mind or anyhting in the first place.

Even though they are all for him, I would like to believe that if there's an investigation, at least 1 person will tell the truth!

 

[Eekamouse]

You're naive. Nobody is going to back your story up. Look for a new job.

 

[Proserpina]

Really? No case? Even though every single freaking body in the office knows what happened, as they were all witnesses? A couple of ppl witnessed the guy asking me out and the guy jumping in my car.
This guy didn't hide from anyone while he was doing this.

Also I never went straight to the DM as to accuse my manager of anything, so it's not like I had some kind of plans in my mind or anyhting in the first place.

Even though they are all for him, I would like to believe that if there's an investigation, at least 1 person will tell the truth!

Look. You lied. That by itself undermines your credibility.

Don't believe for one second that if it comes down to a choice between saving their own jobs and watching you sink, they won't just let you sink.

 

[sandyclaus]

Really? No case? Even though every single freaking body in the office knows what happened, as they were all witnesses? A couple of ppl witnessed the guy asking me out and the guy jumping in my car.
This guy didn't hide from anyone while he was doing this.

Also I never went straight to the DM as to accuse my manager of anything, so it's not like I had some kind of plans in my mind or anyhting in the first place.

Even though they are all for him, I would like to believe that if there's an investigation, at least 1 person will tell the truth!

He very well may be guilty, but the fact that you changed your story so many times when asked by management has DESTROYED ANY CREDIBILITY YOU EVER HAD. No one believes you anymore, because the story has changed so many times. He did it. No, he didn't. I'm sorry, I lied - he did it. No, I lied, he didn't really do it. How is anyone to know when you were telling the truth and when you weren't??

Sure, when you were confronted, you panicked. That's YOUR version. However, you'll never get a chance to argue that because no one believes you anymore. That was a really poor choice on your part, and that choice will ultimately cost you any possible validation of your complaint.

 

[swalsh411]

Nobody, and I mean nobody, is going to stand up for a lying ex-employer vs. staying on good terms with their job that pays the bills.

 

[eerelations]

Also I never went straight to the DM as to accuse my manager of anything, so it's not like I had some kind of plans in my mind or anyhting in the first place.

That's your mistake. If you had gone to HR or to the DM to make a formal complaint about this guy and they didn't stop this guy's bad behaviour, then you'd have a case.

 

[>Charlotte<]

That's your mistake. If you had gone to HR or to the DM to make a formal complaint about this guy and they didn't stop this guy's bad behaviour, then you'd have a case.

^This.

Whether your credibility is questionable is debatable, but this is black letter law. The way it's supposed to work is, some mook at work hits on you. You complain to HR. They make it stop. Done. If they don't make it stop they have failed in their responsibility and at that point you sue.

When it comes to sexual harassment, it's not only the employer that has certain responsibilities. You do, too. You have to handle it in an appropriate manner and by appropriate means. You failed to do that. Not only did you fail to handle it appropriately, you didn't even bring it up until you were in trouble. That's where your questionable credibility comes in. Justifiably, in my opinion, but still subjective.

Bottom line is, you can't keep harassment a secret and then use it as an excuse to bend the rules (you were late because you didn't "feel like" going in) and then all of a sudden decide you want to sue your employer. You have a responsibility to mitigate to some extent, and you failed to do that.

 

[cbg]

I have a very slightly different take on the subject.

To start with, I agree with everyone else here. You undermined your own credibility. You had the makings of a very decent claim for sexual harassment, and you then proceeded to shoot yourself in the foot.

However, I am not as convinced as everyone else that you have completely killed it. If I were you, I would talk to an employment law attorney and see if he or she thinks there's anything you can salvage. If so, there's nothing stopping you from filing a claim with the EEOC. It may not go anythere - you did a pretty decent job of undermining yourself. But it may not be irretrievably dead. Talk to an attorney. But don't fool around - you have only so long to file with the EEOC and the longer you wait, the more likely it is that the delay will kill whatever last shreds of life your claim has left.

 

[commentator]

And now that you are off the job, you might as well file for unemployment insurance. This is totally separate from and will have no bearing on any EEOC complaints or grievances that you may or may not decide to file. They will ask you, basically, "Why did you quit your job?" and the next question will be "What actions did you take, how did you try to resolve the situation BEFORE you quit the job?" and that's where your whole situation goes against you.

It really doesn't matter if your supervisor actually took you out and tried to rape you a few weeks ago. That you returned to work, did not press charges, did not report the guy to HR or to your mutual supervisor, did not take immediate action to report him, "didn't want to throw him under the bus" is going to be interpreted as you having done nothing, welcomed the attentions, perhaps, and then later tried to use what happened as an excuse to come in late, complain, demand a transfer or even to quit your job. And you have, as it has been said, lost all your credibility. I don't understand why you felt you had to quit your job or were 'forced' to quit your job. Why couldn't you have just gone along as you had been until you found something else?

 

[justalayman]

unwelcome sexual advances are harassment. If a person is accepting of the attention, it is not.


If there are situations that are not welcome and they stop once you make it known they are unwelcome, the issue has been cured. The company is not required to punish the offender. They are not required to do anything other than make the problem stop. You admit once it was known it was unwelcome it stopped.

So last week I asked to transfer to this other location, and I really couldn’t find anything else to say than the truth to this other manager. It really just came out. I told him my manager asked me out. I didn’t go into details but he asked me to talk to HR, I said No way. But I would have never thought that he would take it to the district manager. So the following morning, the DM came to my work location and called me to the office

What? The company is legally required to investigate or be subject to being liable for failing to remedy the situation. They did exactly what they should have done. What you sound like there is the boy that cried wolf.

I did tell him, my manager stopped harassing me when I told him I was gonna call HR.

So, once the manager realized his actions were not acceptable, he stopped with no further problems, right?

I just wanna know if I could take this to court

sure but the real question is: can you win? I would say no.

You were exposed to unwelcome sexual advances. Initially you told the agressor they were welcome. Not condemning you given the explanation. Once you actually told the aggressor his advances were not welcome, they stopped, cold turkey; no more advances, no unwelcome activity; it just stopped.

You then decided you could not work there, for whatever reason and asked for a transfer. Before the company even had the opportunity to investigate the matter and before your request was addressed, you just left.

Sorry, but while many of the others think you shot yourself in the foot, I believe something quite different. You have no claim at all.

Your issue was addressed and remedied. That is what a company is required to do. Your only attempt at making a claim is somehow the company is responsible for you quitting, even before they had the opportunity to consider a transfer. The fact is; unless there were ongoing problems with the manager (which you already stated there wasn't), the company wasn't even required to consider the transfer as an attempt to remedy a situation that was no longer present.

You should still contact the EEOC who will investigate that matter but I would not expect support from them given the situation.

 

[tati24]

Well, just spoke with the DM, he told me HR did investigate it and closed the case. They didn't find any wrongdoing. The guy just got coached. That's all. Good for them I guess. I will still take it to the EEOC.