Seeking resolution to a hostile work environment.

I was told that I had to go on a business trip to a trade show, that my job was on the line if I did not. I had previously requested not to go, as I had an approved evening class over this same period. It was then that my boss accused me of not being a team player and that maybe another co-worker should go instead, and that I should perhaps be moved into another lower paying department, since I was not able to go on to this trade show.

I ended up going do to great fear of losing my job and pay, only to be required to sleep with my co-worker. This is the same scenario we dealt with on our previous business trip.

Does anyone have any attorney recommendations?

Seeking resolution to a hostile work environment.

I was told that I had to go on a business trip to a trade show, that my job was on the line if I did not. I had previously requested not to go, as I had an approved evening class over this same period. It was then that my boss accused me of not being a team player and that maybe another co-worker should go instead, and that I should perhaps be moved into another lower paying department, since I was not able to go on to this trade show.

I ended up going do to great fear of losing my job and pay, only to be required to sleep with my co-worker. This is the same scenario we dealt with on our previous business trip.

Does anyone have any attorney recommendations?

First off, you can never be required to sleep with your co worker, just threatened if you do not. I would for sure get a lawyer asap, this is too heavy of a subject to be answered on a message board. He can claim that you two were an item, and when he ended it, or you were not promoted, etc, you made up this story. The fact that it happened at a previous business trip, and you did not go to the authorities, or the labor board, at the least, and then went AGAIN, knowing what happened to you the first time, does not look good on you. Please get an attorney, and he can guide you on the best way to deal with all of this!! Sorry I am now realizing that in the end you asked for a reccomendation, unfortunately it is against the rules of this site to do so, but I would go in the phone book asap, and look up employment attorneys, and call each and every one, and find one that will see you, and you will have to pay for an initial consultation, sorry.

Seeking resolution to a hostile work environment.

What hostile work environment? The company wanted you to go on a business trip and it does not have to be concerned about whatever other plans you may have had. Your job certainly could be on the line if you could not meet company expectations.

As for the lodging arrangements, if you don't want to share a room with a co-worker of the same sex, feel free to pay for a room of your own.

Unless the expectation was that you should share a room with someone of another sex, I see no basis for claiming a hostile work environment.

What hostile work environment? The company wanted you to go on a business trip and it does not have to be concerned about whatever other plans you may have had. Your job certainly could be on the line if you could not meet company expectations.

As for the lodging arrangements, if you don't want to share a room with a co-worker of the same sex, feel free to pay for a room of your own.

Unless the expectation was that you should share a room with someone of another sex, I see no basis for claiming a hostile work environment.

She didn't just stay in a room with a person of another sex, she had sex with him (to keep her job she states), and twice at that.

She didn't just stay in a room with a person of another sex, she had sex with him (to keep her job she states), and twice at that.

I don't see that. I re-read it 3 times to come up with what you did. I see it as sleeping in the same room, not having sex.

I don't see that. I re-read it 3 times to come up with what you did. I see it as sleeping in the same room, not having sex.

I agree that there is nothing in the post that states outright that sex was required to keep the job and one should not jump to that conclusion based upon what was stated.

It is quite common for employees to bristle at being required to share a room with someone of the same sex.

Trust me, no one wants to be anywhere near me when I start snoring!

I have to agree. I read it as being required to share a hotel room. I don't see anything about sex being involved.

I ended up going do to great fear of losing my job and pay, only to be required to sleep with my co-worker. This is the same scenario we dealt with on our previous business trip.


This is a quote from her first post. Maybe I read it wrong. Poster could you please let me know if I did, if so I am so sorry.

I am part of a sales team of three women. We are required to go on travel to trade shows. We have gone on two business trips so far. The rooms did not accomodate a roll-a-way, so there has always been one of us who had to share a bed. The company only reserved one room with two beds each time. There was no sex.

While we are co-workers, I don't feel that we should be required to all share one room, especially where two of us have to share a bed.

Although I agree with you that you should not be required to share a room, or a bed, no law prohibits your employer from requiring it.

Would you be allowed to pay for your own room yourself?

I could have paid for my own room, but I am sure that I would have been labeled as not being a team player. And then I am not sure if I would have been reimbursed.
On my last business trip, our boss did come along, he had his own room of course, and we were required to all have dinner together. I did not, I was eating via phone with my son for his birthday.

While I am at these trade shows, let me tell you, I always fulfill my job duties. And I do so professionally, and because I have worked them before, I am very knowledgable, more so than my two co-workers. I limit myself to browsing the other booths, concentrating on what I am there for. So, I do my job.

When does my work time end? Am I required to socialize with co-workers when I have fulfilled my time at the trade show?

I doubt that you would have been reimbursed. It was only offered as a suggestion that, if you were not comfortable sharing a room/bed, then you may have been able to pay for your own.

Often, part of work trips is the socializing and unofficial "team building" that goes on at these meetings.

I am part of a sales team of three women. We are required to go on travel to trade shows. We have gone on two business trips so far. The rooms did not accomodate a roll-a-way, so there has always been one of us who had to share a bed. The company only reserved one room with two beds each time. There was no sex.

While we are co-workers, I don't feel that we should be required to all share one room, especially where two of us have to share a bed.

SO SO SORRY!! I read it wrong, and am truely embarrased, and I feel terrible for what my response was as a result of me missunderstanding it, I hope you will forgive me!!

You are forgiven. I wasn't sure how much info was needed. Anyway, its sok.

Repy to response regarding the socializing, Yes I know that, but if I didn't want to participate, why should I be labeled not a team player. I did my networking at the trade show. This last trip, I had even requested to be excused from going, because I take a college course that I did not want to miss. My boss stated that I was not a team player, and that he already gives me time off to take the college class, and that if I still wanted to be on the sales team, that I need to rethink what I was going to do. He also said that maybe I should take a lessor paying position, and that he would ask someone else to go. Anyway I went, and slept 3 persons to a room. I don't feel it is right, but if that is what management can make people do, and threaten their jobs, then I will probably not be there much longer.

You are forgiven. I wasn't sure how much info was needed. Anyway, its sok.

Repy to response regarding the socializing, Yes I know that, but if I didn't want to participate, why should I be labeled not a team player. I did my networking at the trade show. This last trip, I had even requested to be excused from going, because I take a college course that I did not want to miss. My boss stated that I was not a team player, and that he already gives me time off to take the college class, and that if I still wanted to be on the sales team, that I need to rethink what I was going to do. He also said that maybe I should take a lessor paying position, and that he would ask someone else to go. Anyway I went, and slept 3 persons to a room. I don't feel it is right, but if that is what management can make people do, and threaten their jobs, then I will probably not be there much longer.

Honey, first off, thank you for forgiving me, second off, I would not want to be there much longer! If it is not mandatory, your school should come first, heck you pay enough for it. I think some bosses think that business trips are also bonding trips to make employers that work together closer, so stronger in the work place. That is not always the case. Next time, if thier is a next time, get a rollaway bed, it is probably 5.00 and though you would still have to be in the room with 2 others, you would not have to sleep in the same bed with either one of them lol!

I had a similar experience with a former employer expecting co-workers to share accomodations during an out of town training session. I informed the head of HR that I would be getting my own room and then submitted the bill along with a copy of section 2802 of the California Labor Code. I was fully reimbursed for my room and other expenses as well. I also got an additional 4 1/2 hours of overtime for the travel time.:cool:

I had a similar experience with a former employer expecting co-workers to share accomodations during an out of town training session. I informed the head of HR that I would be getting my own room and then submitted the bill along with a copy of section 2802 of the California Labor Code. I was fully reimbursed for my room and other expenses as well. I also got an additional 4 1/2 hours of overtime for the travel time.:cool:

You were lucky. Honestly, I don't think that Section 2802 could be construed to require reimbursement of UNAPPROVED expenses. I would opine that Section 2802 could be interpreted to require reimbursement for what the employer would normally pay; for example, if the rate for a double is $150, maybe they would have to reimburse you for $75. It is not against the law to require employees to share a room.

Barry, Megan, Michael (BTW, where's Megan been?)?

The DLSE has drafted proposed regulations to help clarify exactly what is required under the indemnification laws of LC 2802. Regarding lodging the regulations provide:

Lodging. Every employer shall reimburse each employee for the cost of a hotel room for each night that an employer requires an employee to travel away from home, The employee shall be reimbursed for the necessarily incurred costs of lodging either by the actual cost of the hotel room, or by using the lodging allowance rate approved by the Internal Revenue Service for the location of the employee’s lodging as published annually in Internal Revenue Service Publication 1542.

So I take it that by "each employee" and "cost of a room," the employee is entitled to privacy rather than to be forced to share a room.

I used to work for a Big Four accounting firm that required employees to share rooms at its big annual conference/training session. Everyone hated it. I had one colleague who was kept up all night by a roommate who was working, for example.

I was able to get my own room after my doctor wrote a note explaining that I have medical condition (fibromyalgia) that is greatly impacted by not being able to get a good night's sleep.

This question raises many legal issues.

While it is generally true that your employer can require that you perform any lawful function, this only extends to time you are actually working. Thus, while technically, an employer could "require" that you share a room by calling it work time, I don't think this would ever happen. First, I will assume that you are exempt so there are no overtime issues. If you are "working" for your employer, then he is responsible for all your acts. Thus, if you damage the hotel room, the employer would have to pay for it. If you got drunk and injured someone, or even yourself, the employer would have to pay for it, etc. So, the argument that "your employer can require you share a room," while technically correct, is so far out from what any employer would wish to do that I don't think it would be relevant here.

The issue is, given that this is your own free time to do as you please with, and the employer has paid for a room for two people, do you have to accept that room, and if you do not, who pays for your other room? I think the answer is that you do not have to accept the room. You can take up any reasonable accommodation and the employer will need to reimburse you for it up to the IRS maximum. In general the IRS rates are considered "reasonable rates." This is in line with the statute that requires that "reasonable" expense be paid. While the employer could save some money by putting 2, or even 4 people, in the same room, it is not what is considered reasonable by the business community -- as reflected in the GSA and IRS publications of rates.

For course, employers will continue to violate this. The big problem is that if you consent to the room sharing, then I don't see any damages. Thus, it would only be when you refuse the room and submit a bill for reimbursement that the employer refuses to pay that you would have a claim. Given that few people will choose to do this, this statute will likely continue to be violated on a regular basis.

P.S. Megan is still around, but as an exempt employee, I work her 24/7.

For course, employers will continue to violate this. The big problem is that if you consent to the room sharing, then I don't see any damages. Thus, it would only be when you refuse the room and submit a bill for reimbursement that the employer refuses to pay that you would have a claim. Given that few people will choose to do this, this statute will likely continue to be violated on a regular basis.

P.S. Megan is still around, but as an exempt employee, I work her 24/7.

Thanks for the opinion, Michael.

Oh, and that thing about Megan? Meanie. :D :p ;)

Thanks for the opinion, Michael.

Oh, and that thing about Megan? Meanie. :D :p ;)

Oh, yes, I vote that Michael be suspended from posting until Megan can post again! He is an evil employer that demands employees actually work!

Heck, no. I need all the CA experts I can find.

LOL! Please let Megan respond also. :( You both are awesome!!

O my, sleep with your co-worker, this sounds like a lawsuit ready to explode, find the right lawyer and take his arss to where it belongs, this is horrendous, i dont know what this world is coming to but i sure dont like it.......

Smartrefinance, some of your posts are coming WAY too close to solicitation of business, which is not allowed on these forums (or on most other like forums that I know of) for my comfort.

I do allow a link to your website in your signature but please watch it. I will not hesitate to delete, without further warnings or comment, any posts that do not meet appropriate standards.

So the company required you to go on the trip but isn't willing to pay the $50-$100 for you to have separate beds? Maybe you should look into another company as this one seems to be going bankrupt. It's kind of like getting the 10 cent raise. if the company needs money that bad just keep the raise. There are companies out there that would be more than happy to pay for your room or at least a separate bed on a trip they require.

Y'know, looking over this thread, I think it has pretty much run its course.