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  • I need advice!!!

    I quite my job today. I worked as a business manager for one year now, and had the assignement to re-structure and organize the company. The first thing that happened was that the General Manager made several comments about my looks, ie "you are hot, she is hot (referring to other female employees), and gave me a breakdown of all the menstrual cycles of the girls employed there so that I could be aware of their mood swings. There were other comments made (too many to list) so I made a complaint to the owner and gave details of this persons behavior. Immediately after I filed my complaint, a sesual harrasement course was set-up for all the employees to attend. Since this complaint to the owner, this manager became hostile and combative with me on multiple issues, he has used verbal abuse in several occasions and one time forced himself in a room where I tried to go to in order to get away from his rage. Every time this happened, I complained to the owner. The last time he lost it prior to today, the owner told him he needs to leave for 2 weeks and take anger managements courses, which he didn't and the owner brought him back to work earlier. Today he lost it again, this time in front of the owner and another co-manager. I decided I could not handle the stress of this and announced that my safety is more important than being there and left today. I would like to know what my rights are? Can I sue for harrasement? This treatment started after I complained about his sexual harrasement remarks. Also, This company has intentionaly classified me as a 1099; which I am not. I asked for this to be changed and I was ignored and now I have to file my taxes as a 1099. Can they do this? They are currently involved in an EDD dispute over 1099 classifications of other employees for 2002 and 2003. The owner is trying to negotiate with me to stay, but I am mad that he hasn't taken the steps to protect me and the other girls that work there so I want to educate him on what needs to be done legaly so he won't forget. Buy the way, This company is in California.
    Last edited by silvana5933; 01-25-2005, 02:30 AM.

  • #2
    Originally posted by silvana5933
    I quite my job today. I worked as a business manager for one year now, and had the assignement to re-structure and organize the company. The first thing that happened was that the General Manager made several comments about my looks, ie "you are hot, she is hot (referring to other female employees), and gave me a breakdown of all the menstrual cycles of the girls employed there so that I could be aware of their mood swings. There were other comments made (too many to list) so I made a complaint to the owner and gave details of this persons behavior. Immediately after I filed my complaint, a sesual harrasement course was set-up for all the employees to attend. Since this complaint to the owner, this manager became hostile and combative with me on multiple issues, he has used verbal abuse in several occasions and one time forced himself in a room where I tried to go to in order to get away from his rage. Every time this happened, I complained to the owner. The last time he lost it prior to today, the owner told him he needs to leave for 2 weeks and take anger managements courses, which he didn't and the owner brought him back to work earlier. Today he lost it again, this time in front of the owner and another co-manager. I decided I could not handle the stress of this and announced that my safety is more important than being there and left today. I would like to know what my rights are? Can I sue for harrasement? This treatment started after I complained about his sexual harrasement remarks. Also, This company has intentionaly classified me as a 1099; which I am not. I asked for this to be changed and I was ignored and now I have to file my taxes as a 1099. Can they do this? They are currently involved in an EDD dispute over 1099 classifications of other employees for 2002 and 2003. The owner is trying to negotiate with me to stay, but I am mad that he hasn't taken the steps to protect me and the other girls that work there so I want to educate him on what needs to be done legaly so he won't forget. Buy the way, This company is in California.
    Since you are classified as and paid as an Independent Contractor status with your 1099, then you will need to prove your status was indeed a "regular employee" and not independent or freelance. For instance, that they set your hours and required you to be there a set number of hours per day, etc.

    As far as the harrassment, you need to contact the eeoc.gov and file your claim.

    Sue
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

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    • #3
      light duties from canada

      my name is colin i was on light duties as much as you were i was fired as for none work porformance but they laid me off with no recall i found out that there is a recourse for the whole matter of which i found you can not sue the wcb board nor your employer but you can sue the employers insurance why i say this is because of the fact and the injuries they dont settle for pain and suffering but that is where the lawyers can sue for third partie why do i know because i have done it and i am in the works to sue my boss insurance for the loss of job and for a stabbing incciddent which happen in canada but it works for the usa also the employers can not get out of third partie law suit ask a lawyer they will tak a case on award settlement i have a lawyer that is in the works for 1.5million dollars

      e mail me thanks colin [email protected]

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      • #4
        Harassment Claim

        I believe that you may have greater success by filing a claim with the state of California Department of Fair Housing and Employment. Their website is at: http://www.dfeh.ca.gov/

        As far as challenging the independent contractor status is concerned, you may also want to talk with the state. California's view about independent contractors may be found at: http://www.dir.ca.gov/dlse/FAQ_Indep...Contractor.htm
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment

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