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Wrongful termination... I filed a claim with the HCRC

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  • Wrongful termination... I filed a claim with the HCRC

    Approximately 5 years ago, I received a check from a long time friend of mine. As I didn't want gossip or innuendos to surface, I went to my manager and showed him the check. He told me he had to run it through upper management and would get back to me. After which time, the assistant manager started following me around yelling about it and creating havoc. It actually came to a point where, they even brought it to my home, so contacted the harassment division of my company and my manager was transferred out, and I had another manager. When it was brought to my home, a lot of confidential and personal information was screamed out. To the point, my neighbor next door, is still mentioning bits and pieces of it to this day.
    My life went on, and a few years ago, the CEO of my company came by for a visit. I mentioned that there were a few policy violations that needed to be fixed and policy enforced. During the conversation, I was cut short, and couldn't finish the rest, but shortly thereafter my manager was transferred out, and a new manager assigned.
    Under the new manager, after a time, I filed for a promotion. At the time of the promotion, I was offered $5k less than what I was currently making, and told my manager that if I was going to make less that I didn't want the position. She informed me that she had already given my position to another party, so I had to take it, but she would speak to HR about the wage. After speaking to HR, I ended up receiving a $5k raise. What started after this, was my manager giving gifts like watches, bracelets, etc. to another employee or allowing her to go on 2 hour paid lunches, with clients, where the client paid. Then, my manager told me that I could no longer have a 1/2 hour lunch period when every other employee was allowed to. She even tried telling me that I did not make my 40 hours, when I am one of the first and last person to leave the branch daily. And when she hired my supervisor, she told me if anything was wrong to speak to her.
    The first incident was with her telling me that she was familiar with the "new" system TCR (machine), but not the old one. That the interface for the system was different. Then created an excuse to delay my lunch, as she wished to have me sit in on an interview with an employee who wished to transfer to our location. Both actions were lies, generated by my supervisor, so tried speaking to my manager about the incidents. She disregarded me, and during one such confrontation told me that she didn't know which of us to believe. Even after, the supervisor she assigned me was unable to correct an error, even with the assistance of a former assistant manager and new hire, to which I gave instructions to on how to fix the problem.
    Than my manager decided we needed more employees and hired three new individuals. These three new individuals, were than rotated, which created further policy violations - violations that have led to terminations of other employees previously, even when told to do so by a manager.
    Further harassment occurred, which included sexual, mental, and physical. (This was blatant and would have been seen on any of the security video cameras located within our location. And since I had already by this time notified HR about harassment, should have been monitored. Also, someone had been going through my purse/bag, so, one of the cameras should have captured this, this time around. As previously, my digital waterproof camera had suddenly disappeared from my bag, and the only two places the bag is ever out of my sight, is at home or at work.) HR decided to come back to me with an ultimatum - one, harassment was part of my job, so deal with it, and two, to take the initial offering of pay that they had tried forcing me to take when I was promoted along with a demotion or be fired. So basically take a $10k deduction in pay or be terminated.
    When I was terminated, I filed a claim with the HCRC requesting that the security video footage be obtained - if possible the last 5 months of employment. Originally, I was told that the video footage would not be requested until the completion of the second investigation, with an ETA of 2 years. Which, if they waited, the footage would have been no longer available, so contacted the supervisor and requested that the footage be at least obtained earlier even if not viewed. I was told they would. But later, found out from another investigator that it would not be obtained until the completion of the second investigation - ETA 2 years. Now on that footage, there is a male thrusting his groin at my face, a woman chasing after me into the vault to spread her legs and scratch vigorously, along with that woman just walking up to me, and shoving me, before walking away to talk to someone else, along with numerous other occurrences. The same woman who receives gifts from the manager.
    The HCRC decided to drop my case, and issue me a right to sue. Which that time frame is quickly running out.
    I believe I have a very valid case against my former employer. And am looking for feedback.

  • #2
    re: Wrongful termination... I filed a claim with the HCRC

    I do not see that you have much except a lot of ill will developed with your former coworkers.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      re: Wrongful termination... I filed a claim with the HCRC

      I am lost. You received a check from a friend of yours. Why? And why does it relate to work so that you had to show it to your boss? How does that relate to the other 5 paragraphs you wrote?

      Please, be concise.

      Comment


      • #4
        Re: Wrongful termination... I filed a claim with the HCRC

        I wish to inform you that you may appeal the decision of the HCRC in the Court within the stipulated time period. The burden of proof in the appeal will be on you to show that HCRC erred in its findings and conclusions. The Court will consider all the facts and decide the matter.

        AFF

        Comment


        • #5
          Re: Wrongful termination... I filed a claim with the HCRC

          Thank you, I have. They said they agree with the findings. Which I do not see how.

          Comment


          • #6
            Re: Wrongful termination... I filed a claim with the HCRC

            By the way, I just got off the phone with the news station, and they said my claim is too sensitive for them.

            Comment


            • #7
              Re: Wrongful termination... I filed a claim with the HCRC

              Actually, it wasn't the courts that agreed with the findings, it was the EEOC who performed the SWR. And according to the EEOC, the HCRC worked within their guidelines. Which is why, now, on top of everything else, I'm trying to find out how it is legal to NOT obtain information (regardless of when it is viewed - just obtained) that would prove a client's claim. Especially when some information such as security video footage, has a time frame for retention - and 2 years later that proof is long gone. Because to me, that is not working in the best interest of the client, which is what they are supposed to be doing.
              Not to mention, during this time, when my information should have been private, I had people from my former employer (or HCRC) coming by, and shouting about my claim. Though for me, the funniest was about the monetary settlement. (I admit, I stipulated an exorbitant amount, just to get them to stop announcing my information. To which, one woman was shouting, about how small the amount was, and that it was an insult, when I came home. To the next day changing her story, and asking who I thought I was. It was hilarious...But when they switched tactics, decided to sign up for Twitter and Facebook, to set some things right. The other things, I'll leave for the court to decide.)
              In any event, thank you for the commentary, and if you're a lawyer and available for hire in Hawaii, let me know if you're serious about wining and taking my court to trial. If it's to tell me that all of this is legal, save it. I've already heard the part where it's legal for an employer/employee to rifle through my purse with out my permission. LOL. Along with I should just do what I'm good at. ROFLMAO! And don't get me started on how it was legal to have my manager run her finger up my leg, her prodigy try to rub her breasts against mine, or any of the other countless things they've done...

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