privatly owned company New York

[caseymae]

Back in 2001 I was hired at a privately owned retail store. I only worked 3 days I think, if not 3, it was still less than a week. I quit to take another job. In the short time I was there I filled out all the usual paper work & was given an employee manual. In 2008 I was hired back at this store & they still had everything on file, 7 years later. They never had me update anything, including the employee manual. Now I have worked there just over two years. Thursday while I was at work the owner decides to say more inappropriate things to me ( this was not the first time ), not once but twice & this included saying the same things about me to the general manager & laughing, even after I told him that he wasn't funny. Then he thought it was twice as funny because he had made me mad. I decided enough was enough & quit. Now I'm being told that it says in the employee manual that if you quit without giving a 2 week notice that your wage is reduced to minimum wage. Can they do this? I was never given one when they hired me the second time. My fiance wants me to call a lawyer for the sexual harassment & calls it a hostile work enviroment. What would all of you do? Opinions are more than welcome & thanks in advance.

[Pattymd]

If you were not notified that if you didn't give the requested notice, then they cannot reduce your pay rate retroactively. You can file a wage claim for the difference with the NY Dept. of Labor.
http://www.labor.ny.gov/formsdocs/wp/LS223.pdf

What a lot of people think is a "hostile work environment" under the law, isn't.

What "inappropriate" things were said to you? Not word for word necessarily, but the general gist of the comments?

[Betty3]

http://en.wikipedia.org:80/wiki/Sexual_harassment

http://www.fcc.gov:80/owd/understanding-harassment.html
(Please note info on hostile work environment harassment.)

Please also answer Patty's question - thanks.

[caseymae]

The first time he told me that I wouldn't be anything without my fiance. The second time he told me to wear something short to a function I was going to to keep the flies off the watermelon. The third time he kept telling me I was fat & how I was filling out my jeans.

[sevenfortythree]

The first time he told me that I wouldn't be anything without my fiance.

Rude, but not sexual harassment

The second time he told me to wear something short to a function I was going to to keep the flies off the watermelon. .

Definately inappropriate...I would consider this sexual harassment from an hr point of view

The third time he kept telling me I was fat & how I was filling out my jeans

Also, rude but not sexual harassment.


You should have addressed the issues to the hr department or whomever does hr. The company is required to make the behavior stop. How could the company make the behavior stop if it was never reported?

[caseymae]

There is no HR, and this was the owner saying this stuff to me. Him talking about how I'm filling out my jeans isn't sexual harassment? PLus when he mentioned it the first time, I gotta admit, it pissed me off & I said "F**k You". The second time I said it again & told him that he wasn't funny. I would consider that addressing the situation, but he just kept on laughing & talking about how I was filling out my jeans & pointing at my butt.

[Pattymd]

How many employees total does this employer have?

And are you in NYC by any chance?

[caseymae]

No I'm not in NYC & there's about 20-25 employees.

[Pattymd]

You can file a sexual harrassment claim with the EEOC.
http://www.eeoc.gov/facts/fs-sex.html