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Indefinitely Suspended From Job - Top Salesman- Possible Lawsuit? - Florida

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  • Indefinitely Suspended From Job - Top Salesman- Possible Lawsuit? - Florida

    Thank you for the responses. I greatly appreciate it.
    Last edited by KinFLA; 04-17-2012, 10:01 AM.

  • #2
    If you're not being allowed to come to work, and you're not getting paid, immediately file for unemployment.

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    • #3
      If you have evidence that your treatment was based directly and specifically on things like your race, gender, religion, age (but only if you're over 40), and/or disability, then you may file a claim with the EEOC.

      If you have a contract with your employer that states specifically that you will never be suspended from work for investigative reasons, then you should contact an attorney to discuss the possibility of mounting a breach of contract lawsuit.

      If you don't have said evidence/contract, then unfortunately you don't have any legal recourse.

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      • #4
        Do you have any proof that you were treated differently based on your gender or race? Out of all you have written this is the only possible area of concern. If you just assume it based on your different gender and race, then you don't have much to go on.

        Even if all you say was true, your employer does not have to retain you after you punched a wall. She did not force you to do that, you did it on your own. What you consider verbal abuse, she might consider trying to counsel an employee to keep him on the right track.

        What exactly do you think would be grounds for a lawsuit?

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        • #5
          Thank you for the responses.
          Last edited by KinFLA; 04-17-2012, 10:02 AM.

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          • #6
            The only recourse you might have is for her pushing you out of her office, and said recourse would not be a lawsuit, it would a be call to the police to attempt to have them charge her with assault.

            As far as the emotional distress caused by all of her behaviour, you couldn't sue for that because her behaviour is legal. (Rotten, but legal.) You can only sue for things caused by illegal behaviour.

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            • #7
              The video is inappropriate to say the least but you weren't the only one shown it and you didn't say anything until well after the fact. Alegations from employees who are fired or suspended tend to be viewed skeptically at best. If it was really an issie, you would have spoken up much sooner. In an environment where profanity is normal, the line is blurry. If you had been shown the video, and at the time told your supervisor you were uncomfortable with it and reported it then only to have your supervisor retaliate on that basis, you might have a case. Just showing you a video isn't illegal.

              It might be that upper management does some house cleaning but that doesn't mean you get a free pass for any of your behavior. Punching walls, refusing to leave the office and having to be forcefully removed, using profanity toward your supervisor and storming out of the building are all perfectly legitimate and legal reasons to fire you. Most employers would have fired you after the first incident.

              I highly suggest getting your anger issues under control. There is simply no excuse for any of your behavior. None. It doesn't matter what kind of mood you are in or what your issues are with your supervisor. If there is a problem or legitimate concern, report it. How you expect anyone in authority there to take action to prevent or stop cell phone or computer abuse if they do not know about it is beyond me.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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