Quote:
Originally Posted by freeatlast  Hang in there! You got a ton of experience and that should help you land another job with better pay and benefits as well.
I number these for a reason; you seem to have a strong case here. Just going by the numbers:
1. harassment on the basis of race, color, religion, sex, national origin, disability, or age.(this is right from the eeoc website).
Will the two people she told be willing to back you up? Have you spoken to them?
2. The "hostile environment" standard also applies to harassment on the bases of race, color, sex, national origin, religion, age, and disability. (again, right off the eeoc website)
Based on your comments in #1, it is reasonable that this hostility on the basis of gender.
3. An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, and working. (you bet, off the website)
I don't know how limiting you DM is but this may apply. Hyopglycemia is no laughing matter and without your lunch that is a huge risk considering the stress you are under.
As as side note, who cares if your daughter brought you breakfast? If that were what was happening how is that a violation? Mountains out of molehills.
4. Were there cameras at this location? This can confirm that she used the same entrance regularly. Also, was this a written reprimand or did she just verbalize it. I am thinking verbally since it was 120 days after the fact. Any witnesses around for this reprimand? Any willing to back you up?
Another aside, this is par for the course for enterprise. They bring up stuff from the past just to pile it on. It may be things you have long since corrected but they don't care. Just to have the last word on how incompetent you are. They usually like to do it in front of a crowd.
5. Hostile environment! Your comments seem to indicate she was refering to your weight and not that you were going to the snack machine too often and staying away from you desk. This may fall under diability since weight problems are common in diabetics.
6. Good job! Hope you got names, date, witnesses, and as much detail as possible as to what happened, what was said, etc. This is gold when taking action. This was honestly one of the smartest decisions you have ever made in your life (no exageration).
I am not sure really what happened with FMLA. 23 days would not come close to using up your time. If they claim tardiness for an approved leave due to FMLA then that is a violation I believe. I'm not an expert and don't know this law too well.
But this is what I found:
FMLA prohibits an employer from interfering with an employee's attempt to exercise his leave right or retaliating against an employee for opposing practices made unlawful under the FMLA. If an employer engages in these prohibited acts, the FMLA allows any one or more employees to bring suit for damages.
First, get your life in order. Get unemployment straightened out and find a new job and put this horrid place behind you.
Second, I would start with EEOC. There will be no lawyer fees to talk to them. Based on what they say then you may seek counsel. Keep your head up too and see this thing through. They need to pay for this. There is so much inhumanity in what you posted.
Remember, you are strong. You made it through 2 years of these saddistic mind games. You can get what is rightfully yours with that same fighting spirit. |
Thanks, Free! Really. Believe it or not, it was your user ID I based mine on since I wasn't yet free.
It was a little over a month from my 3rd anniversary when I was told I would not be permitted to work until March (my anniversary month), that my leaving would be preferably sooner than later. Her comments to me were almost always done behind the closed door of her office. Going to HR was a waste of time because HR only reported to her, then I got in trouble for having gone to HR. I've been told that I maintained the position longer than any other person under her, so my guess is I outstayed her plan to make me quit, so she had to come up with another one. During my first annual review, she had a folder about an inch thick that she said was all my write-ups. When I found who I could trust in HR (someone else who used to work under her who also had problems working with her and who was eventually pushed out herself just before me), I was told that unless I had signed something, there was no write-up (significant incident report). I had never signed anything, so she was trying to frighten me (successfully, at that point - but not later - I stopped caring by the end). Her rules changed regularly without notice, and she shared personnel info with others. During my last review, I was told that they did not intend to allow one of the accountants to stay with the company if his request to work in car sales didn't succeed. This was months before he told anyone himself that he was leaving. About another one, she would tell people she couldn't trust him with the receipt checks anymore because she didn't think he was processing them. Didn't bother telling him. When he stopped getting the checks, he went to find out why. She never told him what she had told others when he wasn't there. Very unprofessional - I can only imagine what she told about me! Both of those accountants left the company. Only one in the department was promoted and he was her "pet". The day I was given the ultimatum, she went strutting through the office arm in arm with her newest pet, making a point to walk by me and the one person I could trust there, who couldn't believe how obvious she was since I had just come from the BM's office to tell her. Very, very unprofessional and childish. I found myself referring to her offsite with words I personally detest when used to describe women. But with her, I don't hold the same perspective - to me, at this point, she epitomizes each of them!
But, thank you - all of you. I feel encouraged by your feedback. I have no doubt that someone is checking all of this out to see if I have posted and, based on my descriptions, I'm sure they'll know who I am. The company is so cult-like in its behavior and expectations, and I'm saying this as a former member of a well-known cult who tries to pass themselves off as a mainstream church. It was like being a member again!! Never, never again!!! So, thanks again!! I'll be checking back if anyone else has any other suggestions or whatever. Until then....
2008-02-29 
Re: My ARM's Retaliation for my Sexual Harassment complaint was firing me. 
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