I keep moving this up because the person involved is waiting for comments and updates, I don't want to make him have to work to find it. If you think you missed part of the story, you did - it's not here.
Long story short, the person discussed in this post is the person I lodged repeated complaints about in a different company. (Of which I have not shared here.) He was my direct supervisor.
I was terminated directly after the filing physical paperwork of said complaints to the companies District Manager and corporate Human Resources Department.
I had complained long before this time to other store management members, who told me "they would take care of it," they did not. This person is no longer with THAT company, and in a perfect world, I would assume he was fired for something similar? He now works in the largest retail store in my county.
While I see now that the avenue I took at the time was not the proper route - it was what we were TOLD TO DO as per the companies ZERO TOLERANCE policy.
Instead of following procedure - they fired the complainant. This holds the employer liable.
This company has another instance of such an event (a termination) under different initial circumstances:
..."a former store merchandiser for the Company, filed a civil action against the Company in the Superior Court of New Jersey, Burlington County-Law Division for alleged retaliatory harassment and constructive discharge under the New Jersey Conscientious Employee Protection Act. The plaintiff sought lost wages, compensatory and punitive damages, and costs. The complaint was dismissed without prejudice on December 5, 2003 and reinstated on April 15, 2005. On October 23, 2006, a jury trial on the case began. On October 30, 2006, the jury returned a verdict in favor of the plaintiff.... The Company is disappointed with the jury's verdict and believes it is not supported by the evidence. The Company will vigorously pursue an appeal."
My case for wrongful termination against our former company is sitting up at the Massachusetts Commission Against Discrimination - where it is to be decided upon further by eighteen months from last November 2006, which is when the paperwork was finally submitted by both sides. It's frustrating BEYOND BELIEF that this has not just been brought to a close.
"The Commission expects to complete each case investigation within 18
months of filing. If probable cause is found ("probable cause" means it
is more likely than not that discrimination occurred), you will proceed
to the next stages of the complaint process, including opportunities for
settlement and perhaps a public hearing. You have the right to file a complaint based on information you believe to be true, and it is unlawful to retaliate against you even if
your belief was mistaken. The Commission notifies the organization
named in your complaint of this provision of the law when it serves your
charge. If you experience any form of retaliation after filing a complaint,
we encourage you to contact your investigator immediately."
As you can see, we haven't even touched upon the nature of the precipitating reasons for my initial complaints. This entire process was about his company protecting him, and not their employees.
I won't go there now, but in one instance, I was leaving the store, and I had shared with him that I needed medical attention that day because I was going through a terribly rough miscarriage. He suggested that when I got home, I should not "do anything that would get me pregnant again." (Months later unrelated to me, I had long since been out of the company, another ex-employee who had also suffered a miscarriage while working in this store, confided in me that he suggested she should "paint the windows, naked.")
I am blogging this for my own sanity and for the record. I never anticipated getting closure would take this long.
"Retaliation has occurred when a sexual harassment victim suffers a negative action as a result of the
harassment. This can involve such actions as being denied a job, being given poor work evaluations or
grades, or being denied professional or academic opportunities (such as a position on a project). A
victim may find their projects being sabotaged, or that they have become the targets of other actions that
undermine their ability to advance at work or school. A victim who speaks out about sexual harassment
may find themselves subject to more sexual harassment. They may be demoted, suspended,
reassigned, or have their hours cut. They may even be fired from their jobs altogether. Supervisors and
professors can use their power to see that a victim is never hired again for another job, or never again
accepted to another academic program. It is not uncommon for an accused harasser to begin stalking
or cyberstalking their victim after a complaint has been made. Threats and attempts at physically
harming a victim have been reported. Retaliation can even involve a gang stalking/harassing of the
victim which may be covert and subtle, or blatant and brutal. "
Source: http://www.sexualharassmentsupport.org/Backlash.html
Employer Liability For Retaliation After A Formal Complaint of Sexual Harassment
Backlash is not illegal, however retaliation is. Indeed, retaliation for complaining about sexual
harassment, or filing a grievance, is as illegal as the harassment itself, but also as difficult to prove.
First, the victim must have reported the harassment to an employer or superior. Afterwards, it must be
clearly shown that retaliation occurred and this was because of the victims' complaint about the
behavior. In other words:
A complainant must show by a preponderance of evidence that
- The employer knew that the complainant reported the sexually harassing behavior.
- The employer (or superior) thereafter subjected the complaining party to an adverse decision (i.
e. suspension, demotion, firing, etc. ), or treatment that would discourage a victim from making a
sexual harassment complaint in the first place.
- There was a causal link between reporting the behavior and the adverse employment decision
or treatment.
You should document retaliation just as you would document sexual harassment. For more
information, see our What You Can Do page.
___________________________________________________________________________________
"Whilst accidents and assaults injure and kill people quickly and
spectacularly, bullying and consequent prolonged negative stress injure and kill
people slowly and secretively. The outcome, though, is the same."
_____________________________________________________________________________________
Disclaimer: If you have anything to add that might not
be suitable for "public viewing" in the comments, send it via email.
I would especially like to hear from Legal/Law Enforcement readers out there
reading. Also, (this is always the case, but especially for this
topic) I will not tolerate offensive, harassing or threatening remarks
or comments directed towards this person or myself.
What follows here is a story about what happened to me while shopping at a Very Large Store, where this person I complained about is now working, in my area - he lives in another STATE.
We're at the registers, checking out. The woman checking out at the register behind me says - "Who is that guy?" I turn around, because I am a nosy bitch and want to know what she is referring to. She repeats herself much LOUDER this time, trying to get the cashiers attention, who is apparently ignoring her completely.
This woman, says again, "Who is that guy, and adds, I hope he's not a manager."
The clerk with her shrugs her shoulders, and says "I dunno, I guess."
The customer says, "Well, I certainly hope he's not, he is creeping me out. What a freaking weirdo."
(And, I went ahead and posted it below - too much drama trying to add/filter you all from MySpace. So be it.)
She went on about him, but incoherently to me, and I was distracted by
paying and getting the hell out of there. The cashier looked visibly
embarrassed. I caught up with this woman and I catch up outside of the store.
I ask her what bothered her about that person. (Why did she say something out loud?) She said that he looked at her cock-eyed and made her feel watched. She added that it wasn't the first time
she saw him and felt this way. (Was this a set-up situation?! What the ****?)
She said that she had been in the store
before, of course, and got the same nasty feeling from him. (There I
am thinking to myself, "Did she just say that?! Out loud? For real?")
I saw about one third of the entire stare. I knew he was next to me,
but I was casually ignoring it. I can't control other people's cracked
out behavior, merely my own.
This other customer would not have known there was any
history between any retail manager and I, so she assumed it was just
inappropriate sexual ogling in a public setting, and she felt that it
was WRONG enough to start talking about it Loud Enough for anybody to
hear it.
This woman, doesn't know me from a hole in the wall, yet, she "stood up" for herself and I?! Out of nowhere!
Considering
my repeated, yet ignored complaints about this same individual - here is very similar harassing behavior, in a different location She felt it, a
random customer. I can only imagine how many other women have been offended so far.
He's working in the largest retail establishment in my
county. Thousands of women traipse in there DAILY. I'm there at least
twice a week. My mother in law, sisters' in law, at least two or more
times a week, friends, etc. etc. My children were photographed there
two weeks ago - with my mother in law, and she will keep returning.
Back to the story:
After I asked her if she happened to see how he looked at me - her mouth dropped to the floor, and she says this:
"That's why I was so loud is because I saw the way he looked at YOU."
She
started to get into more detail about the icy stare of pure contempt,
but I stopped her, and I just explained enough to let her know that I
would expect nothing less from this person. At the least, I can expect
to be stared at, followed, watched, and then stopped at the Exit whilst
in this person's store.
Again, I repeat, I will not stop shopping in
my neighborhood because he works in it. I live here. He, does not. I
have every right to be there. I do not have any reason to speak to
him, nor would I. I go about my business and leave. I have that his company, my husband's once former company takes formal complaints seriously, at least, that's what they
"say."
If I were not taken seriously (because of past history with this particular person in a different retail establishment), surely
additional customer complaints would be heard?
What do you think? *Read Disclaimer again before saying that out loud, okay?
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