Do I have legal recourse or grounds for protection?

I am a married white man, not quite 40, and work for the food industry for XYZ company. A month ago, I went to a bar, also owned by XYZ company, after work (1:45 am) to buy a coworker a birthday drink. The bars posted hours show closing to be 2 am.

We ordered our drinks at 1:45 am, I asked for them at 1:50, 1:55 and finally, at 1:57, they told us they couldn't get them for us because they were closed. I said 'are you serious? I ordered these 10 minutes ago'. The manager said, 'you aren't getting your drinks, we are closing'. (They knew we were XYZ employees), so we said fine, got up, and left upset but not rude.

The next day, the manager wrote me up and, when giving testimony against me, said I was rude, swearing, making a scene, belligerent, drunk, etc.. they wanted me to sign the statement. I refused, stating I am not a swearer, didn't cause a scene, hadn't even HAD a drink having come straight from work to that other place, and was simply upset for getting sub-par service or my order for 12 minutes. Many employees have attested that a) I don't swear and b) don't get drunk.

From that time on, I have been singled out for this managers false statements/accusations against me:
- I have requested to eat my dinner (while at work). My boss said, 'well XYZ policy states you can't during this time, but, ok, hurry up.' Right after I finished eating, he then wrote me up for breaking company policy.
- I shaved in the morning, and went into work in the afternoon. The manager told me I didn't look professional and had to shave. My wife brought me my razor so I could quickly re-shave in the employee room. They wrote me up before I could, even tho they knew my intent, and sent me home... chastising me in front of my coworkers.
- I have also been moved from the A bar, where I was scheduled to work, to the B bar so that the A bar could be attended to by a fully female staff. The B bar doesn't normally open until 5 hours later (in the evening) and they knew that the B bar would be dead and the A bar was going to be busy. This was a punishment for my 'earlier behavior'.
- Finally, a few young people came to my work and requested a high-cost drink. I showed them which bottle it was and told them the price. Then I said, 'do you still want it'. They said no and I returned the bottle to the shelf. They then went and told my boss that I had given it to them. My boss brought me to formally write me up for giving them the drink and not ringing it up in the register. I told him I didn't give them the drink and to check the video (camera). They reviewed the camera and didn't follow through on the write-up, but circumstantially, it looks like they were trying to set me up because it seems odd that these patrons just happened to tattle on me for something I didn't do in light of all of the other stuff I have been put through lately. ???

At this point, I have considered going to HR but think nothing will be done except me getting fired... This looks like defamation of character, subsequent hostile work environment, and intentional infliction of emotional distress.. but do I have any leg to stand on?

BTW, I have also been privy to hearing many sexually harassing remarks to the women employees of the bar and harassing/threatening statements to a pregnant employee because of her growing belly..

HELP???

0 answers  |  asked Feb 27, 2011 11:34 AM [EST]  |  applies to Texas

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