When I was fired my boss told me they were going in another direction and

I have never been written up and my termination came as a complete surprise. My employer told unemployment a different reason than they told me for the termination. Less than 30 days prior I reported ( for the 3rd time ) being threatened and harassed by another employee ( who has been with the company since it opened and who had been harassing me for months, which I reported each time and my boss never addressed it until I went to his supervisor on the 3rd incident. ) Yes, I did ask the harasser to stop in writing on multiple occasions.

First incident was the employee sending me 10 emails back to back after I had inquired about an inconsistency on his time card. Things like " what are you some sort of ******* detective " " Go cry to Jones ( my boss ) " etc. I forwarded all the emails to my boss and let him know that this issue needed to be addressed immediately because he was already in the habit of yelling at me and this incident was the last straw ( left me crying at ,my desk ).

Second incident was via text but more verbally abusive. I showed these texts to my boss in my office ( I am clearly upset ) and ask for it to be addressed again. I told the employee that this would be the last time I would ask him to stop speaking to me like that"

Final incident, He group texted my boss, and other employees calling me a " ****ing idiot" " stay out of the field " series of bad words and more verbal abuse. Still, my direct supervisor doesn't do anything or even acknowledge that there is an issue. So I went to his supervisor, who told me they would address it. Apparently the employee texted my boss he would quit and so they just took that at face value and allowed him to quit. Next day, that employee shows up at a job site, gets all of my employees together to tell them how much of a **** and how he thinks I must be on drugs ( I am definitely not ). My boss was on his way to that job site and instead of going there and difusing the situation, has someone come downstairs and take the prints from him and leaves, once again not addressing anything.

* I have copies of all text/email harassment as well as there being proof of no written acknowledgement of my concerns *

2 answers  |  asked Dec 21, 2016 09:02 AM [EST]  |  applies to California

Answers (2)

George Allen
I agree with what Mr. Itkin said, above. Depending on the details, this may be a strong case. I highly recommend that you sit down with an experienced employment attorney. One source for locating an employee-side attorney is the membership listing at www.cela.org. Good luck to you.

George Allen

posted by George Allen  |  Dec 21, 2016 12:04 PM [EST]
Arkady Itkin
It's possible that you have a legitimate retaliation and wrongful termination case, but more facts are needed to determine this, including what specifically you complained about as far as harassment went, the employer's responses, their statement to EDD and their version of their reasons for termination and other factors. You should speak with an experienced employment attorney to determine whether there is sufficient evidence to pursue a case.

Thanks,

Arkady Itkin

posted by Arkady Itkin  |  Dec 21, 2016 10:08 AM [EST]

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