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roxxxeboop · Oct 6, 2011, 10:36 AM

So my daugther just got fired for talking while off the clock so the employer states that's why. However, she had just written a letter complaining about her co-workers threating and harassing her. They all had a meeting two days before my daughter was fired and nothing was done to the co-workers who were harassing her. It looks to me that they were trying to find any little thing to fire her for writing that letter. The co-workers and supervisors were all friends.

Does my daughter have a chance appealing or filing a law suit or going to the EEOC?

smoothy · Oct 6, 2011, 10:46 AM

THe EEOC is only going to help if it was a provable case of discrimination.

I'm assuming she is an "At WILL" employee... which means she is there at their will, or her own. There is no contract or the Union would be dealing with this.

They really don't NEED a reason to fire someone when that's the case.

roxxxeboop · Oct 6, 2011, 10:55 AM

I understand it being an "at will" state. However, in her employee hand book it states absulutly no harassment or threats. She wrote a letter stating she was being threatened and harassed by a few of her co-workers and nothing happened to them. I just don't understand how that is legal.

smoothy · Oct 6, 2011, 11:03 AM

Because the handbook has no legal value... Its just a guideline they can follow or not at their choice. They wrote it... they can decide what to enforce if anything. They can even change it anytime they want. I've worked for a lot of places the last 30 years... and trust me... pull that handbook out and start waving it in their face... then your days there are numbered.

But the law is what it is. And At-Will does have a very defined, and enforcible meaning.

And if she wants to hire a lawyer and try to sue... she is going to have to prove any of the alligations are in violation of a law. And I'm guessing, It was a fairly low paying job to begin with, and the legal fees she might have to pay will be significant.

Just because you CAN sue... doesn't mean it would be a good choice to try, If she thought it was bad before... I guarantee you, they will be watching her like a Hawk for ANY screwup if she ever managed to win anything, if it was unpleasant before, it will be pure hell afterwards. And if she lost... she is out time and money.

It's a lose , lose situation... best to save the money and look for new work.