Sexual Harassment over hearsay... California

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Sexual Harassment over hearsay... California

Post  lakai180 on Tue Dec 09, 2008 7:58 pm

MOVED TO THIS FORUM FROM EMPLOYMENT LAW

Hello, I'm not sure where I should have posted this so I posted it in the most general area I could find : ) .... So i was recently suspended on allegations of sexual harresment... to sum it up this is what happened. Four co-workers were talking about an ex-female-employee when I first walked up, I joined the conversation mostly because I was dragged in it. After the conversation, a gentleman who I guess has a crush on her and who has continuously talked to this individual outside of work, called her and told her all that was being said. Specifically he pointed me out and said that I asked him if he had slept with her. She came down and asked me why I was saying these things, puzzled and not knowing how or why she got that info. or why she felt it necessary to even come up and ask me about this, I stayed quite and a customer came up and asked me a question so I ignored her. She then walked to the other location we work at and told another gentleman the story, the manager over heard and made her tell him what happened, the manager called the district, and the district manager called HR for the company and I was suspended...

Now they want me to send in my side of the story, the letter that follows is what i will send them before this day is over, but i wanted someone to hopefully proof read it and help me out as far as what else I should include or what not. The story is really childish and sounds stupid, but its an account of what happened and all the facts. Any input or thoughts would by greatly appreciated, negative or positive. I just want to know what rights I have and what I can do.

Thank you...

(I changed the names to disguise their identities)

To whom it may concern,
I've been employed by XXXXXXX Wireless, an authorized third party cell phone provider in XXXXXXXX. On Friday December 5th I was suspended—and can possibly face termination—as a result of hearsay. The incident that led to this suspension involved a discussion regarding an ex-employee named JANE DOE, who recently transferred to a different location. Nothing derogatory was said, only conversation about who liked her or had a crush on her. One gentleman named JOHN SMITH, who has openly expressed an interest in JANE, called her and accused me of making negative remarks about her. He pointed me out as the ring leader of the discussion when—in fact—the discussion was already taking place when I first approached the kiosk. I found myself in the middle of the situation. JOHN’s official statement was that I asked him if he had any sexual contact with her. This is completely false. The allegations that have been brought against me are without merit and are herby being officially disputed.
I, along with the entire crew of employees, am aware that our store is currently in the process of downsizing to one location instead of two. As a result the manager has informed us that the company will either be laying-off or transferring 3 employees, and no employee has a guaranteed position in this company. We have a small roster of only 8 employees; 6 sales associates, 1 manager in training, and 1 lead manager. Therefore only 3 of the 6 sales associates are going to stay at our current place of employment, and JOHN currently does not have a car and will not be able to transfer to a different location should he be transferred.
It has also been brought to my attention that JOHN SMITH was terminated for sexual harassment from a previous employer less than a year ago, and has a history of these types of incidents. I believe that he was looking for an opportunity to instigate and possibly get one of the other employees in this company out of the way, therefore, securing his job.
If JOHN felt there was a need to bring this conversation to the attention of management, he should have gone immediately to a supervisor, but because he was also in the middle of the conversation, he did not bring this matter to the proper authority, but instead proceeded to call JANE and give his one-sided account of the story. Also, according to JOHN, there was more than one individual involved in the conversation; yet I was the only one suspended for these allegations.
In a recent conversation with JANE, she stated that she heard from JOHN that everyone who was working that day was standing in a circle asking who had a crush on her. So, I do not understand why I have been the only employee singled out. Specifically she mentioned that CURLY (Manager in training), MOE (Sales Associate), LARRY (Sales Associate), and JOHN SMITH (Sales Associate) were involved in the conversation. She stated that CURLY was teasing MOE that he had a crush on her, and that I was supposedly making fun of JOHN SMITH saying that he had a crush on her and asked him, specifically, if he had slept with her.
I’ve heard that JOHN DOE has stated that he witnessed a customer or another individual who worked at the mall, come up to the kiosk and asked for JANE and that I informed this person that she was no longer employed at the location due to the fact that "she slept with half the mall"... again these statements are fabricated and false. With as much professional experience as I've had, and knowing that these words are completely inappropriate, I would never say such a ridiculous statement. And the fact that these statements have been taken as valid is completely unjust. I want to go on record and say that this incident has caused undeserved emotional and physical stress along with lost wages. I, along with my family, am prepared to seek legal council if this incident is not resolved in a timely fashion.

Sincerly,
Rick


Last edited by lakai180 on Tue Dec 09, 2008 8:05 pm; edited 1 time in total

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Re: Sexual Harassment over hearsay... California

Post  JoeC (McGruff) on Tue Dec 09, 2008 9:15 pm

Tweak with this basically your story is you did not do it. That is all they need to know. You don't threaten an employer with litigation unless you have spoken to a lawyer,and he tells you to include that. The employer knows if an attorney is involved they would already be aware of it. You don't want to put down the others guys termination.
If you have an attorney of record you can send them a copy.

The incident that led to this suspension involved a discussion regarding an ex-employee named JANE DOE, who recently transferred to a different location. Nothing derogatory was said, only conversation about who liked her or had a crush on her. One gentleman named JOHN SMITH, who has openly expressed an interest in JANE, called her and accused me of making negative remarks about her. He pointed me out as the ring leader of the discussion when—in fact—the discussion was already taking place when I first approached the kiosk. I found myself in the middle of the situation. JOHN’s official statement was that I asked him if he had any sexual contact with her. This is completely false. The allegations that have been brought against me are without merit and are herby being officially disputed.


It has also been brought to my attention that JOHN SMITH was has a history of these types of incidents. I believe that he was looking for an opportunity to instigate and possibly get one of the other employees in this company out of the way, therefore, securing his job.


If JOHN felt there was a need to bring this conversation to the attention of management, he should have gone immediately to a supervisor, but because he was also in the middle of the conversation, he did not bring this matter to the proper authority, but instead proceeded to call JANE and give his one-sided account of the story.

With as much professional experience as I've had, and knowing that these words are completely inappropriate, I would never say such a ridiculous statement. And the fact that these statements have been taken as valid is completely unjust.
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Re: Sexual Harassment over hearsay... California

Post  rdm4416 on Tue Dec 09, 2008 9:46 pm

Just state the facts with no assumptions. You have a lot of "hear say" in your letter too. It doesn't matter why the other guy got fired, his job isn't in jeopardy right now. Your job is.
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Re: Sexual Harassment over hearsay... California

Post  JoeC (McGruff) on Tue Dec 09, 2008 10:30 pm

Which would shorten it even more to something like this:

The incident that led to this suspension involved a discussion regarding an ex-employee named JANE DOE, who recently transferred to a different location. Nothing derogatory was said, only conversation about who liked her or had a crush on her the discussion was already taking place when I first approached the kiosk. One gentleman named JOHN SMITH, who has openly expressed an interest in JANE, called her and accused me of making negative remarks about her according to her when she approched me. The allegations that have been brought against me are without merit and are herby being officially disputed.

If JOHN felt there was a need to bring this conversation to the attention of management, he should have gone immediately to a supervisor, but instead proceeded to call JANE .

With as much professional experience as I've had, and knowing that these words are completely inappropriate, I would never say such a ridiculous statement. And the fact that these statements have been taken as valid is completely unjust
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Terminated

Post  lakai180 on Wed Dec 10, 2008 9:38 pm

So my old manager just called me and fired me from my job, he said the company has a zero tolerance against sexual harassment. As for the rest of the people involved in the conversation in question, he would not tell me if they were suspended or terminated, but word from people that I worked with said that they were not going to be punished. Couple things here....

1. Am I eligible to receive UI?
-In the current economy and being so close to christmas I don't think I'm going to find a job soon.

2. I am a commission sales person and on the last pay period I hit commission quota, but my boss is saying that they will probably just give me hourly, can they do this?

3. Do I have any recourse, or grounds for a law suit of any kind.
-I've never sued anyone or have had the intentions to, but i feel like I've been treated so darn unfairly its upsetting me.

4. Is this going to stay on my record, or hinder me from finding employment else where?

Any other input would be greatly appreciated, thank you for your time.

-Rick

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Re: Sexual Harassment over hearsay... California

Post  JoeC (McGruff) on Wed Dec 10, 2008 11:44 pm

1. Am I eligible to receive UI?
Yes if the employer balks and the state agrees with the employer file an appeal.
2. I am a commission sales person and on the last pay period I hit commission quota, but my boss is saying that they will probably just give me hourly, can they do this?
No the employer can not change the agreed upon wages,after you completed the work, if he does sue for the remaining balance.
3. Do I have any recourse, or grounds for a law suit of any kind.
Check with an attorney and find out.
4. Is this going to stay on my record, or hinder me from finding employment else where?
It should not if the employer tell a presepective employer you were terminated for sexual harassment, this could give rise to litigation.
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UI

Post  lakai180 on Fri Dec 12, 2008 7:41 pm

Ok... Should I file a UI claim against this employer, having only worked there for 2 months... Or should I file against my last employer, having worked there for 6 months and getting laid off because the company went out of business. (I already filed a claim with that employer but didnt finish filling out the needed documents because I found employment else where) That last employer laid everyone off four months ago in august... So.. who should I file against?


Lastly, I was terminated on Wednesday, Today is Friday and I still haven't received my last paycheck. I've heard that the employer is suppossed to give you your last paycheck on the spot when you are terminated. How long can they hold my last check for?

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Re: Sexual Harassment over hearsay... California

Post  JoeC (McGruff) on Fri Dec 12, 2008 11:28 pm

If you have an open claim just reopen the claim. If you don't have a claim open start a new one the unemployment office will figure out the rest. I did not know you worked there for so short a period I would not even bother to use them for a reference. You may be better off putting this sad episode behind you.
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