PDA

View Full Version : Do I have a case? California


Captain
07-07-2006, 08:56 PM
I have had some problems with my job. I have encountered issues concerning my safety, too many to list here. I often traveled out to the work field @ various schools where the two biggest ones were a student brandishing a small club and then threaten to kill a staff member. And students almost knocking me down a flight of stairs.

I also encountered sexual harassment at the office work place itself Coworkers: explaining explicit sexual descriptions, one touched my thigh, a worker making obscene gestures, workers teasing me over a sexual obscenity written in my chair I was sitting on. I then left the company citing numerous safety issues. I didn’t explain about the sexual harassment in my letter of resignation.

I then returned to the company and worked only in the office where the sexual harassment continued. More explicit sexual descriptions and a
supervisor played sexually explicit music.

I also was teased for something’s. I have mental disabilities judging distances when throwing away trash. People teased me over this when I missed the garbage. A worker asked me if I have a girlfriend. I said no. They replied why don’t you have a girlfriend? The supervisor said he lost his mojo (slang term for sexual ability).

Another supervisor threaten to kill me three times and they replied they would really do that. I was cheated out of hours as well.

I am on temp lay off with the job now, they want me back. Do I have a cases with this? Am I entitled to compensation for leaving a hostile working environment?

turbowray
07-08-2006, 03:24 AM
I have had some problems with my job. I have encountered issues concerning my safety, too many to list here. I often traveled out to the work field @ various schools where the two biggest ones were a student brandishing a small club and then threaten to kill a staff member. And students almost knocking me down a flight of stairs.

I also encountered sexual harassment at the office work place itself Coworkers: explaining explicit sexual descriptions, one touched my thigh, a worker making obscene gestures, workers teasing me over a sexual obscenity written in my chair I was sitting on. I then left the company citing numerous safety issues. I didn’t explain about the sexual harassment in my letter of resignation.

I then returned to the company and worked only in the office where the sexual harassment continued. More explicit sexual descriptions and a
supervisor played sexually explicit music.

I also was teased for something’s. I have mental disabilities judging distances when throwing away trash. People teased me over this when I missed the garbage. A worker asked me if I have a girlfriend. I said no. They replied why don’t you have a girlfriend? The supervisor said he lost his mojo (slang term for sexual ability).

Another supervisor threaten to kill me three times and they replied they would really do that. I was cheated out of hours as well.

I am on temp lay off with the job now, they want me back. Do I have a cases with this? Am I entitled to compensation for leaving a hostile working environment?
I'm not sure if this is undeniably sexual harrasment or a hostile work invironment,but I can say that since you returned after allready being harrassed,and maybe will return again,someone may not take your claims as seriously as they should. They may say,if it was so bad,why did you return after you resigned the first time. I am NOT saying these are not valid claims,but just stating,that if you do have a case,you hurt it by returning to "get more abuse" so please don't go back no matter how bad they want you here. Now,wether or not you have a case,will have to be answered by someone with more legal knowledge on these matters. Good luck to you!!

Captain
07-08-2006, 10:03 PM
Thank you for your reply. :)

I guess the part about me returning is a little weird, Everything is 100% true.

I tried to apply for other jobs. I mostly emailed my resume trying to get other jobs. I later down the road found out my email was not sending out the email.

I didn’t have very good references.

I also wanted to sort of patch up my relationship with my company. That way I didn’t have to complain about safety hazards on my previous job, to my next potent ional. Employer . My previous job I had that. I got hurt a lot on the that job. I didn’t want to sound like a complainer.

My main problems with the company where at the working field. I requested to not work at the work field, but stay at the office. The previous sexual harassment I though it wouldn’t happen again. The offender left the company.

I also was desperately seeking employment.

There is much more to the story, the company has more violations. A number of people have complained about bad backs attributed to by the working place. One individual sued the company about this. Another worker is going in for back surgery. Numerous other things. I had to lift weights greatly excelling work description, numerous times. Once resulting me in having to take a day off for medical attention.

There are also numerous complaints of other workers getting cheated out of hours as well.

A couple of other workers were almost hit be moving vehicles because they had to work in the street. One of those workers claimed that is not the first time that happen on the job.

The company has also committed numerous OSHA and fire violations as well.

ElleMD
07-09-2006, 10:11 AM
The injuries you describe would fall under WC, and are not necessarily indicative of an unsafe environment. Trust me when I say back injuries are pretty darn common in even the safest of places.

If you know the environment is bad there, for crying out loud don't go back. I don't know why you'd even consider it. That is just asking for trouble.

Try temp agencies or headhunters if you need help finding a job. If this was through an agency, tell them. Ask for a different assignment.

If someone threatens your life, it goes a bit beyond employment law and into criminal law. You could report a credible threat to the police. IF this was just joking around, it falls into the poor taste but legal category. If it was serious, I'd report it though.

Captain
07-10-2006, 11:23 AM
Yes I will seek employment else where now. I am not returning for a second time. Reasons for me returning where stated above.

turbowray
07-12-2006, 06:05 PM
Yes I will seek employment else where now. I am not returning for a second time. Reasons for me returning where stated above.
We wish you the best!

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements