Wrongful Termination & Harrasment?

Status
Not open for further replies.

shannanash

New Member
Hi!

I have been working at a retail store for over a year and within that time, my job has changed from retail to assistant manager and I've had a slew of personal assistant jobs mixed throughout. There are two managers with positions above me. One is an actual manager and the other is the shop owner.


The manager who has been a personal friend of mine within my time at the store has recently written a complaint about my work to the owner (the second manager). She claims things that are outlandish, but seemingly trivial - like I do not do my share of work and the such. I feel like her letter came from her own issues with management and not my actual performance.

I had a meeting with the owner about the claims and when I told her that the claims were false and I felt like I was personally attacked by the manager, I was told that the manager was my boss. I told the owner that when confronted by some issues, the manager did so by opening embarrassing and belittling me - not only as an employee, but as a person I was then told that I had the option of disputing the claims by writing to the person who made them directly. I did this.

Today I received a response riddled with attacking language - curses and lots of lies. - lots of false information and abusive language I feel like I may be fired for standing up against the claims and feel like I may have a harassment or failure to prevent harassment lawsuit. I feel like if fired, I may also have claims for wrongful termination though I am not sure - I get paid hourly and have no contract.

I have also been working at my job for over a year and a half and just recently started receiving overtime pay (though I have worked many 50+ hour weeks in the past and get paid ON the books). I feel like I also have an overtime-pay lawsuit? I am not sure of any of this, but false claims have been made about me and I just don't know how to defend myself. I feel like if I lay back and take the abuse, I may be able to keep my job, but may be fired for standing up for myself.

HELP!

Please let me know of any advice!
 
A wrongful termination means that you were fired in violation of a law that would have otherwise have prevented your termination. So no, this is not a wrongful term.

It is also not illegal harassment, at least not under employment law. There is no such thing, at least in these circumstances, as a "failure to prevent harassment" lawsuit.

The only thing I can see that might give you recourse against the employer is a potential overtime claim. You can discuss that with your state DOL.

The rest is an internal issue that you will have to work out with HR or upper managment.
 
Status
Not open for further replies.
Back
Top