Google Answers Logo
View Question
 
Q: CA-Employment law question??? ( No Answer,   3 Comments )
Question  
Subject: CA-Employment law question???
Category: Business and Money > Employment
Asked by: numnuts-ga
List Price: $50.00
Posted: 05 Sep 2005 03:40 PDT
Expires: 20 Sep 2005 16:50 PDT
Question ID: 564398
This is a employment law question???
But first I have to tell you my story...
See I work for a state agency as a civil servant for almost 5 yrs. I
enjoyed my time working for this company and I thought I was
appreciated as an employee as well. See in 2002 I was accused of
sexual harrassing a fellow employee.I was found guilty by the EEOC and
was transfered to another department. I stayed out of trouble and kept
to myself until this year.See their is this person who I work with who
thought I liked her.She is in a higher position than I and I never
ever socialized with her or anything. She got promoted last year to a
better position next to the area I work in. At first all I did was say
"Hi"and "How are you doing?" But that was it. I did give her a gift
and a card for her promotion.That was all.After a year she told my new
supervisor(my old supervisor passed away) that I was creeping her out,
that I was staring at her and I show up when she is there. (She works
close to the area I work in.)
Well I heeded my supervisor advice and I totally stay away from this
person and avoided talking to her.Only times I would talk is when I
was on PBX duties.Which dealt with work. Well 6 months later she
contacts EEOC and files a sexual harrassment claim against
me.Apparently she is good friend's with the aunt of the first person
who accussed me of sexual harrassment. I ain't saying there is a
conspiracy-but I have seen them being real friendly-like. Well after
talking with the EEOC investigator in March-I got a letter from EEOC
that I was found innocent of sexual harrassment. Relived I tried to go
on with my life and my job.I recently got accepted to Cal-State
college in CA so I started planning on starting school soon.Well soon
after that my office manager and my supervisor ambused me for a
meeting about the case.They informally wrote me up as being a serial
sexual harrasser.Even though I was found innocent from EEOC
investigation and the first case was almost 4 yrs old.I believe they
are cracking down due to another employee here who worked for the
company was secretly filming employee's.He got caught after they
warned him 3 times.Well I was going to accept this write-up.I just
wanted to go on with my life and better myself-try to work pass
this.Than a few weeks pass and I get a phone call from EEOC in
Sacramento that a appeal was filed for the EEOC claim and new evidence
was found. Another investigator was coming to see me again. Well I
told my supervisor(she said under a wisper voice as I was leaving  "I
hope they find you guilty this time".-I heared- I should of confronted
her on it-She is strange that way).Well to make a long story short I
got my union rep. with me to go to the investigation and as no suprise
the woman was out to get me. She already made up her mind when I
entered the room and all she did was tell the union rep. to shut-up I
am not talking to you. Basically the new evidence was that I-even
after being told not to go to her work area when she is working
there.Still did so. The reason I did so was I was getting behind in
filling out the material orders people requested me to send to them
and the people were complaining.The supply area where the materials
are is next to her work area. Plus if I have question I need to talk
to some of the field agents I work with who are only in on Monday and
are next to her work area also.I could of called but a lot of people
have there phone on voicemail. I told my supervisor that I need either
some help or get someone else to do this job. But she said "NO". The
only time she told me to train someone was 1 week before this new
investigator was coming. Of course now, she has her friend as a
witness to me going over there. But the bad part was and it was my
fault for doing this.See I was talking with my friend in another
department about this whole mess and what I suspect was coming down
around me. See EEOC investigator called my friend earlier before my
interview and interviewed him.Trying to get him to turn against me and
make me look like a pervert.See in my email's I joke with my friend
alot and do guy talk between us. With this case I was totally stressed
out and my friend tried to get me relaxed so I won't do something
crazy like kill myself. Also he gave me some strategies to use in the
interview which I didn't use. I just wanted to talk to someone about
my problem at work.
Well she got all my email's with my friend and ambushed me with them.
See my friend didn't know what she looked like so I emailed him a
photo from a pic from our office party from our internal website and I
kinda made a joke that she had big### and a tattoo on her###...That
was her last thing she confronted me with and she ended the
interview.Last thing I said was "I don't remember sending them". Well
after that the union rep. said they are trying to dig up anything
against me.Probably the accuser hated the judgement against me and
threaten to sue if they didn't do anything against me. Just to keep
her happy.
They wanted to do a formal write-up against me. Chances are I wouldn't
get fired.Unfortunately the day before the interview my supervisor and
my office manager told me they are moving me to another floor to work
as a word processor.
Unfortunately I am not a word processor-plus you need to take a test
for that job and I never took the test. So I guess after training me
for the job if I don't suceed at it-they would terminate my
employment. Another way to get ride of me. Well after that I decided
to call in sick-try to figure out what to do because I was all stress
out. I got a doctor's notice saying I could be out for 3 weeks but
when I sent it to my supervisor she denied it. After not reporting to
work for a week I decided to turn in my resignation without notice
right than and there. I couldn't go back knowing what they are trying
to do me in.
Now this bring's me up to where I am now-unemployed.Yesterday I got a
letter the result of the EEOC investigation was-I was found guilty(Big
Surprise there).
Now my question is...Do you think I need to get a lawyer now?Can I
still get sued over this? The union rep. say's she has no case against
me-she didn't lose any money or any damages. But I still wonder....
Also do I have case against my company for what they did to me? They
knew I was in trouble and the job duties would conflict with the
restrictions?Plus I asked for assistance to help me/or give the job to
someone else and my supervisor said "NO".Plus the worst part in the
1st EEOC investigation I asked for mediation with her.I would of liked
to talk this out so I could of avoided this whole mess.But apparently
no one listened to my request.Also I am shocked that my office manager
is calling me a serial sexual harraser.She does not have a
psychological degree and there was no pattern of sexual harrasment.
This case and that one are totally different.Only until she became
friend's with the first person who accused me did she file with the
EEOC. Please advise????
I would like to move on with my life but I would also like to clear my name.

Thank you

Request for Question Clarification by nenna-ga on 07 Sep 2005 15:12 PDT
What are you asking us to research for you?

Nenna-GA
Answer  
There is no answer at this time.

Comments  
Subject: Re: CA-Employment law question???
From: cynthia-ga on 05 Sep 2005 03:45 PDT
 
Yes, you need an attorney, quickly.
Subject: Re: CA-Employment law question???
From: daniel2d-ga on 05 Sep 2005 23:53 PDT
 
You don't work there anymore.  Get on with your life and forget about them.
Subject: Re: CA-Employment law question???
From: numnuts-ga on 06 Sep 2005 01:51 PDT
 
Yes that is how I feel too.I should just move on...
But I feel I was wronged and even though I don't think I have a case.
Some people I talk to say I should get a lawyer(of course I have no money)
and other's tell me just forget about it and move on. 
I be much happier getting on with my life away from this job.
But before I decided to do anything I need to know what my 
options are and where I can proceed from there.
I need information to make a informed choice.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy