Thursday, December 15, 2011

Should I be suing the company I work for or the managers who are harrasing me?

So I am about to file a lawsuit against to managers who have been harrasing me since I was transferred to the current store I work at, I have been with this company for about 2 and a half years and I just recently transferred here about a year ago. I have never had a single write up when I was at my last store or even a coaching from a manager. I came here highly recommended from my last store and I have a history for being a good leader %26amp; team player. This store I am currently at in the last year I have been written up twice and coached twice by only 2 managers, every other manager has no problems with me at all. I lead this region in internal investigations and even my district manager wants me to be promoted to be his successor when he is moved up to regional manager. But the problem I am having is these 2 managers writing me up for the pettiest things just to try to get rid of me. I have the word of other associates who know these 2 have it out for me and will swear in court to them mentioning not liking me in conversation once or twice. I have video evidence from security cameras all over this store of them letting other associates who did the exact thing that they are harrasing me for go or not even saying anything to them at all for it. I have a very strong case against them and I even spoke to my attorney this morning about I wanna file a lawsuit against these people and he said I have a very strong case from what I told him and we have a meeting monday. Now what I am wondering is should I just list these 2 on the lawsuit or should I list the company also because they are representing the company in a managerial capacity?? Also I am skipping right over calling corporate to report them before anyone says that's what I should do because I have seen serious situations get brushed under the rug that should have been investigated by our corporate office including an associate who trhew a tv down that belong to the store and broke it because he was angry but because his brother in law is a district manager he never got written up or anything for it and he never paid to have that tv replaced. Thanks in advance for the feedback.|||Unless the details are known, your attorney can provide these answers. In my experience with a large corporation and what I considered harassment, based on my attorney's advice a "strong" case is harassment based on age, race, sex, religion, and other "protected classes."





What a manager perceives as poor performance is considered a business decision, and courts do not get involved in litigating business matters. If you have a manager/supervisor who "does not like you" or is "out to remove you" this is tough to prove, especially if that manager has records of what s/he thinks is poor performance. Unless cut and dried and there are witnesses who can testify the manager as saying they don't want you around for personal reasons rather than performance reasons, then you have a tough fight. However, a trial may be to your advantage, people are generally not sympathetic to corporations if the case is argued correctly (e.g. good lawyer)|||I'm not seeing the lawsuit here. Unless you are a protected class (race, religion, etc.), if they want to write you up for everything they can.





Your attorney will decide who to sue and generally you name everyone. But yes, you should have let higher up folks know that you feel you are being harassed, or HR. But maybe this is a test to see how you handle something like this.|||That's a lot of whine. Not everyone appreciates the same style of work. The last store thought your style was great, this one doesn't agree.





If it's a problem you need to either transfer or change.





EDIT: It's not the answers that are stupid, it's your question. The company has no obligation to uniformly enforce policies. I'd like to see that law, if you have a moment.

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