My husband was discriminated against at his place of employment for years.After standing up for himself and also after taking a matter to small claims court at the suggestion of his union he recieved more harassment.He did win the case.The last incident that brings me to seek answers here on yahoo is this:Please if anyone can help me understand i would greatly appreciate your time and effort.This group of harrasers that the company is part of and aware of struck again!On a monday My husband was waiting to clock out at the time clock at the end of his evening shift,as the night shift came in to work and one of the night shift crew of this group approached him,yelling,cursing and carrying on and got into his face about a machine that he said was left a mess last friday night? that my husband had operated .My husband tried to talk but the guy went to walk away,this is where my husband messed up.Instead of letting him go he followed behind him and touched his shoulder trying to talk with him.Hours later him and his friends went and reported that my husband hit him.Nothing was said to my husband ,later in the week after reporting to work he was called into the office and fired,escorted out.He did get his job back after 2 weeks of pretty much fighting for it himself by making phone calls.We found out later that the union was not really fighting for his job,they just took the word of the company that they had investigated and interviewed everyone present but actually all they had done was interview the bullys friends and didnt even talk with any one that my husband had given names that were also witnesses.My husband called a few people and one co-worker even wrote a letter stating what he witnessed but the company didnt acknowledge it .The man who caused the incident was not even disciplend .Well to get to the point,we took the case to civil rights.they agreed that there was probable cause of discrimination.received right to sue,consulted with a lawyer for assistance but it is very costly so we do not contact him often and from what were told from the beginning,it is very hard to fight large corporations even though we are in the right and since he did get his job back.The case has been with the attorney general.We now are being told that the company is willing to pay the 2 weeks of lost wages from my husband being terminated,part of our lawyer fees.We are understanding that will get no punitive damages and if we choose to go ahead to trial,the judge can not punish the company in any way?? so my question is..why? why go through all of this to fight for ones rights if the company gets nothing out of this.no fines,no punishment?We are not at all educated in the laws.We are now told that There are some things the judge may be able to order or maybe bargained for.At this point we want to be a major pain to this company ,meaning we want them to have to answer to someone. we want to better this place that this does not happen again and this place is cleaned up!So what do we ask for??? there is no security here,cars have been tampered with,tires flattend.there is poor lighting.is this something that might be asked of the company? also maybe all management to take courses of work place harassment and discrimination?What should he ask for?? thank you
No he is not homosexual..i didnt notice the name till i had posted that he had left himself logged into yahoo..He is hearing impaired.The company use to have employees submit to a hearing test on the premises and he always failed and received a slip to see his doctor but now the company claims to have never been aware of the degree of his hearing loss.And yes i can see what you are saying about how it looks,but he has many co-workers that he gets along with.this little group from what i have been told from others,like to intimidate.they like to mess with others and get a big laugh he is not the only one.they come in drunk and drugged.they took it upon themselves to try and put pressure on those who worked overtime,they said that it was costing jobs of those laid off of which some again were their buddies.that is the time when several had their tires flat and gas siphoned and water was put into our vehicles tank which was costly.a police report was made,couldnt prove it of course but a
Thank you soccer... that is my husbands thoughts..to not settle.He will then get his say with the judge.he has come this far in his fight it is not always about money but what is right. : )
Answer by Dan T
It would help if you explained how he was discriminated against. Did they ever make reference to his race or religion, or did they use racial or religious slurs.
If I was a judge or a member of a jury, and you told me he was discriminated against, but didn't tell me how it connects to his race or religion, it will make me think it's not discrimination, but rather they just don't get along.
Now from the little information you gave it seems like your husband and these men just get on each others nerves in which case it will probably be better to work someplace else, where there is less likely to be issues.
Because even if the place is reformed, there still will be issues between your husband and the people who he got into disagreements with, unless they are fired. Now from what you said there are multiple people he had issues with. This means you are asking for multiple people to lose their jobs, instead of the 1 person who seems to be the constant in the issues, which is your husband. Now to a judge this would seem like a outrageous request.
I'm not trying to be mean I am just trying to explain how this looks in the eyes of a judge or his boss.
----------------------------------------------
Just noticed your name was Dan. Was he supposedly discriminated against for being homosexual? I assumed it was race or religion. Anyways the same principle applies. Unless they said anything that points towards discrimination you cannot use that as part of your claim, because it will have no evidence and cannot be proven beyond a reasonable doubt.
Answer by SoccerRefToo
Dan
You have choices to make all along the path. At this point, your choices appear to be 1) Settle or, 2) Continue the suit and hope for a better settlement offer or a 'win' in court.
There is no assurance of a win. But, if in court you could show that they company never investigated that charges, AND that there was a pattern of neglect, and creating or doing nothing about a hostile work place, they may be put in a pickle. The union is in no better position. After all, they were there to protect your husband... they did nothing.
Soccerref
What do you think? Answer below!
Orignal From: case made it to attorney general,but... ?
Post a Comment