Retaliation

[Victoria]

Jurisdiction

Alabama

I been working with this service station almost 2 years now. Out of no where I was put on the schedule for 1 day last week, while the other employees had 30 to 40 plus hours, this week I had 2 days, I received a message from my store manager yesterday saying I'm no longer on the schedule and I need to attend a meeting with the operations manager and himself. I asked what the purpose was containing my employment, he never would tell me. About a month ago I filled a complaint on him with EEOC, if my manager down grades people at the work place as well as treating his employees and customers with no kind of respect and writes you up because you didn't agree with what he said, curses at employees and customers will never hear what you have to say, uncontrollable out burst, talks about other employees to another employee and just treats his employees like zoo animals as he called us, would I be eligible to get him for retaliation or something else?

 

[army judge]

would I be eligible to get him for retaliation or something else?

You can't, but if you believe you've been retaliated against because you filed a formal complaint with EEOC, you should report your concerns to the point of contact you were given by EEOC.

If you don't know the contact person at EEOC, contact the agency and ask to speak to someone about your concerns.

Be advised, even if you're terminated during a pending matter, that doesn't mean being terminated is either retaliatory or illegal, per se.

 

[Victoria]

I'm not sure I did the report at EEOC on line is don't know how to contact them. Ok my next question it's okay for him to talk to his workers and customers with smart and hatred remarks? Not to mention the man is racist... I'm real concerned because he gets away everytime and keeps doing the samethings, our vendors don't like him for the way he acts towards people.. I know there's something I can take some kind of action with? Do I have to attend that meeting because basically he said I was fired just said it in a different way?

 

[army judge]

If you're going to be terminated, you'll be terminated whether you attend or not.
However, by refusing to attend, you cut your own throat.
Disobeying a directive or instruction is considered insubordination.
That alone is grounds for termination.
It might also be sed to deny you unemployment.
The state makes the ultimate decision, but looks at many factors.

www.EEOC.gov search the website to discover telephone numbers and methods of contact.

People don't have to be polite, or even friendly.
You need to focus on what is done that indicates the company, and/or the boss discriminates.

Foul language, personal invective, insults, slights aren't discriminatory per se.

You can't take action.
You can file a complaint, as you've done.
EEOC investigates, EEOC can take action.
You can hire a lawyer.
The lawyer files a lawsuit.
A trial is held.
A judge or a jury decides guilt.
The judge enforces a penalty.
Again, you can do nothing, but file a report.
Others may take action.

 

[Victoria]

HIM USING FOUL LANGUAGE AGAINST ME IS ACCEPTABLE? what about false accusations or harassing me and other Co workers while we're using the rest room, because he constantly yells your name and knocking on the door until you come out. He gives no privacy, makes racial remarks? I know that's something that can be done?

 

[army judge]

HIM USING FOUL LANGUAGE AGAINST ME IS ACCEPTABLE? what about false accusations or harassing me and other Co workers while we're using the rest room, because he constantly yells your name and knocking on the door until you come out. He gives no privacy, makes racial remarks? I know that's something that can be done?

All of that is for a court, the EEOC, or your employer to determine.
I'm just one of millions of nobodies.
I take no sides in any issue posted on this site.
Besides, no big shot is concerned with what a nobody says.

 

[Victoria]

All of that is for a court, the EEOC, or your employer to determine.
I'm just one of millions of nobodies.
I take no sides in any issue posted on this site.
Besides, no big shot is concerned with what a nobody says.

MY word against his!!! that's just a shame!! He gets away everytime with how he interacts with people and it's unfair to hard workers like myself and paying customers.. HOW CAN I TAKE THIS STRAIGHT TO COURT WITH OUT EEOC BECAUSE SEEMS LIKE THERE NOT CONCERNED?

 

[army judge]

MY word against his!!! that's just a shame!! He gets away everytime with how he interacts with people and it's unfair to hard workers like myself and paying customers.. HOW CAN I TAKE THIS STRAIGHT TO COURT WITH OUT EEOC BECAUSE SEEMS LIKE THERE NOT CONCERNED?

That's the way the all powerful ones have structured the system to keep us, the sheeple, in line.

Our MASTERS and OVERSEERS order us about, make laws for us to keep us in line, they keep us sedated with booze, pills, beers, "stuff", tv, movies, sports, powders, porn, cartoons, and weed.

If we step outta line, ask too many questions, move too slowly when MASSA says "get"; we're dealt with as the MASSA desires.

You're right, our word (as sheeple) against the word of the all powerful bosses, nobles, elites, or MASTERS means little.

But, hey, David did slay Goliath, or so I read.

Anyway, good luck as you seek justice in the courts founded by our betters.

 

[Betty3]

HOW CAN I TAKE THIS STRAIGHT TO COURT WITH OUT EEOC BECAUSE SEEMS LIKE THERE NOT CONCERNED?(quote Victoria)

Generally if the EEOC doesn't take any action on their own, they will issue you a "right to sue" letter & you have 90 days after receiving it to file a lawsuit.

 

[cbg]

You can't. The law does not give you the option of taking it straight to court. You get a right to sue letter from the EEOC or you don't take it to court. Period.

 

[ElleMD]

No one is saying it is acceptable, what we are saying is that not all unacceptable behavior has a remedy in the court system. Most of what you describe is not illegal. If good employees leave, and vendors don't want to work with him, and customers go elsewhere because of his behavior, he will see some actual consequences. He may or may not change, but he won't be your problem any longer. Why on earth would you stay 2 years if the guy is that horrible?

Filing a good faith report with the EEOC is protected, but filing one based on things which are not actually violations as a shield against being fired is not. Just from what you describe, a case could be made for either. Go to the meeting and see what happens. You have nothing to lose.

 

[txls]

If you don't have evidence or witnesses(who are willing to speak up), then yes it comes down to your word against his and either of you could lie or exaggerate. In fact, if your stories don't match then someone has to be lying, so how can anyone else know.