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    kayleighsgranny's Avatar
    kayleighsgranny Posts: 4, Reputation: 1
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    #1

    Sep 27, 2012, 06:31 AM
    Do I have a law suit
    Hi,

    2 summers ago, when I was at work a man was stalking me in the parking lot. I told management and they did not care. Didn't do anything. By stalking I mean If I was sitting in my car on a break or something, he would come up to my car to "talk". The first time, my car was unlocked, after I kept it locked with the window mostly rolled up. When he came up (on a bike), I would move my car several isles over in the lot, he followed. Both times, a stock man noticed and came over and the guy took off. Although it bothered me "a lot". I just let it go.

    About a week later the guy comes in the store, and comes up to me when I'm working. I pretty much ran away. I told management, they did not care or do anything. The guy did it again. I went into the bathroom awhile hoping he would leave. When I came out, and went to my department I was told by a few others, they have walkies, that the guy started harassing women that were coming in. Asking if he could you know what them, and other stuff. They suddenly cared(not about me) and kicked him out of the store. On my next shift, he came in again and came up to me. I went right to management thinking that after he had been bothering customers they would do something. Wrong, again they didn't care. When he did it again, I pretty much ran behind the service desk. He was I guess bothering customers again... They kicked him out, but he came back in awhile later. Same thing, came right to me. Told management. They said they would "watch him" and for me not to worry. They said they would not let him come anywhere near me again.
    About a half hour later, I was starting to relax and paying more attention to my work. He came up behind me and touched my shoulder. I yelled for management who said they would be watching.
    No one came. I ran behind the service desk. Next thing I know a cop is tackling the guy. He is not charged, just threw him out of the store. "Scared" him enough for him not to come in again. Turns out they were watching me, but.. never let me know. Or came when I called out for help. They did not care about me, only getting the guy out so he would not harass the customers.
    I was so scared for a long time after. In and out of work in case he followed me home. Took me so long to get over. I still now know that they will not do anything to help me if anything happens in there. (there have been other occasions, trouble with customers but not like that). They could not care less.
    I guess my question is did I wait too long, and would I have a suit against them for something like that? Setting me up at work without telling me or helping me. They of course know nothing about my background, another reason they should so not do something like that.
    I have reason's it took me so long, and reasons I could not get over it. I see a psychiatrist who knows the reasons it would be so awful for me.
    Other problems I have are finding a way to blame myself for everything that anyone does to me. Being to scared "they would hate me" to do anything to rock the boat. Make a fuss. I am getting stronger. I'm able to somewhat stick up for myself, something that has never happened. (I'm 51). What has finally tipped the scale. They have cut hours to a third. Next week, me and everyone else will get nothing for a check. It's not even just that they cut them, I understand that stuff. But, the store is making a lot of money. There was even a letter by the time clock from the store manager about it doing so well. Said how well, but I did not pay attention to that. (when hours were cut... it was gone.) Very busy. No reason at all to do this, except that they want more money. We were told, of course by management leaking the information. That the store just plain decided to cut 1000 hours in the store, wherever, no matter what. You see, because the store is doing so well, we got the biggest bonus then ever before. Just a couple of weeks before the cut. Which means, we are losing way more then we got.

    My thing, is that I protect other people, not myself. Another reason I had not done anything. My psychiatrist and counselor knows all of this.
    I even went as far as to try and talk to the corporation about it. Of course, that was stupid on my part. The only way to contact them. Was to write a note about it on their Facebook website. I wrote several. Of course they were deleted quickly. I do great work, and do great customer service. I have a record of perfect evaluations. Absences due to my disability, not enough for them to get rid of me or anything.
    Everything I said to them was true, they know it, and cannot deny it. The only answer I got was to "go through the open door system" if I had a problem at work. The open door system doesn't go very far, and of course there is no way then can do anything about something that came directly from the corporation. It also does not good with anything else. It is rarely used because whenever someone tries. There is no help. Again, the chain is only about 4 people up the later. Two of which are an floor manager and the store manager..
    Finally, I am strong enough to try to fight them. Finally realizing just how much they do not care about employee's. No way I can turn this around on myself.

    So, what do you think? Would I have a case, and have I waited too long.

    Email address: (removed for privacy)
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Sep 27, 2012, 07:01 AM
    Quote Originally Posted by kayleighsgranny View Post
    ... So, what do you think? would I have a case, and have I waited too long. ...
    In my opinion, no case. As I understand what you are saying, your employer reduced your hours because of what appears (to me) to be paranoa on your part.

    I wouldn't take the case. On the other hand, feel free to shop around for a second opinion with attorneys in your area.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Sep 27, 2012, 09:50 AM
    I suspect that posting your complaints (and I don't know how much of the story you posted) on Facebook not only didn't help you but also hurt you.

    I also believe your employer is being "kind" by not firing you on the spot. Perhaps the reduced hours are an attempt to see how well you are coping.

    I realize you don't like or want confrontation and have issues and are seeking treatment. I suspect that running for the service desk every time you say this person instead of just screaming "Get away from me" in his face was upsetting to both store personnel and customers. I know you were in a bad spot and, I, as a woman, know these situations are frightening.

    Should the store have reacted in some other way? Yes, I think it should have - but it didn't, and I see no discrimination.

    I'd continue to do my job (with your limited hours) to the best of your ability, don't dwell on this, continue your appointments (how good that you have people you can talk to, people who understand!) and keep your fingers crossed that your hours will pick up. If you work retail (and it appears you do) Christmas and increased shopping should "encourage" your employer to increase your hours.

    I know you were frightened and did nothing and appear to be being punished for whatever the man was doing - but I don't see a legal action.

    And, again, I think management handled this very, very badly.
    kayleighsgranny's Avatar
    kayleighsgranny Posts: 4, Reputation: 1
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    #4

    Sep 27, 2012, 07:18 PM
    Actually, I kind of think that you did not read all of it. I tried to give the whole story because It said to give a lot of detail.

    You definitely did not read about hours being cut for everyone... not to punish me.

    I was not nasty or mean on their website, I had no doubt that it would be deleted right off. I wanted to talk to them, tell them how I felt about it all. Not really a bad thing... it was all in one day. Three posts. I told them that my only goal was to talk to them about how it made employees feel when the hours are cut so drastically when the store, as told to us by the store manager. Is doing better then ever. It just showed me how much they really care about their employees. Yes, I got upset. I'm looking at less then $100 pay check that has to last me two weeks. So are the others in the store. If they had simply answered me with a little caring, something. That would have been it. I'm not a bad person, not a nasty or spiteful person. I did not deserve such a terribly reply. As for my work, I have a perfect 6 year record with them.
    I do not have as many issues as you made it sound. What they did about that guy. Did cause me a lot of pain. They cared about their customers only. I did not know that they had the legal right to set me up without telling me.

    I'm not crazy, stupid. What ever you want to think.

    I do thank you Judy, for trying to understand a bit more. I would do nothing less then continue to do my job well. I do my work well, for me.

    I do not hold grudges, It just really bugs me how little they care...

    And by the way, no one there thought I had "paranoia". The customers got pretty upset too. But oh well. I probably would never have done anything anyway. I've never liked the idea of suing people. No matter what you may think. It's all just pretty darn wrong.

    Just so you know, it was common knowledge what I said on the site were I work. No one thought I was wrong for saying it. I have never hidden anything in my life. Told a manager myself what I did. You see, they know me. They understood. People are looking at buying heat, were in Maine. Pretty hard to feed your family for 2 weeks on that amount. I just plain wanted them to understand and see, yes. I should have known better. The people in my store, understand that I care about stuff like that. I don't cause trouble, but I don't sit back and not say anything either.

    Who in a corporation would not fight for higher pay, etc. According to my sister, who is pretty darn high up. They are thought of as weak if they don't, if they don't think they are worth it... why should the company. I just wanted them to know.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Sep 27, 2012, 10:08 PM
    No, you don't seem to understand, you as the employee had to take some responsibility. In the parking lot, why did you not call the police?

    In the store, why did you not confront the man, why did you not order him out of the store and why did you not call store security or the police if he was a issue. Why did you run and hide and go to management latter.

    Also while 2 years ago, you may have had a suit, your actions on posting these things, most likely is more the issue of what they are doing. I am surprised you are not fired,

    A public store can not control who comes in, there are murders, rapists and stalkers going into stores every day. You as the employee have some responibilty for your own safety
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Sep 28, 2012, 03:29 AM
    First, you need to understand something about this site. We are very honest here, we tell it like it is. Sometimes that may come across has harsh, but that's the facts of life.

    No one is saying you are crazy. Paranoia can indicate mental issues if they are unfounded, but that's not your case.

    But I see a few problems with this being a winnable lawsuit. First is the amount of time that has passed. Second, you never reported it to the police. If you were that concerned, that was what should have been done.

    Oh and I think you owe Judy an apology. However, I've removed some of your comments because they violated our rules.
    kayleighsgranny's Avatar
    kayleighsgranny Posts: 4, Reputation: 1
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    #7

    Sep 28, 2012, 05:59 AM
    1.Where I work, I am not allowed to do that. I have to go to management. If I didn't I would get fired. If a customer bothers you in anyway, that is what we are told to do.

    2. My doctor (a pretty darn respected one). Would tell you how long it took me to word through it, and that I have just recently been getting emotionally strong enough.

    3. Every time, I went to management immediately.

    4. The police already knew since they set me up and one of them took the guy down. If they didn't think he was doing anything wrong, would they have done that?

    5. As for the paranoia, I have reason to be. I told you above that I have no issues with telling the truth. When I was very young, I was raped by 13 men at a camp. I have reason to be jumpy in such circumstances.

    The only thing I am blaming them for, is for setting me up without telling me first. They already knew how upset I was after.
    Am I going to do anything about it? no. I came on here to ask a question. If I was going to do anything, I would have gone to a "real" lawyer. Wonder if you are lawyers that represent these employers. I thanked Judy, for trying to be more understanding then the other person.

    A simple "it is legal for a company to set an employee up like that without their permission"
    Would have done it...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Sep 28, 2012, 06:16 AM
    [QUOTE=kayleighsgranny;3283833] As for the paranoia, I have reason to be. [quote]
    Again, paranoia may be justified.

    Quote Originally Posted by kayleighsgranny View Post
    The only thing I am blaming them for, is for setting me up without telling me first. They already knew how upset I was after.
    Am I going to do anything about it? no. I came on here to ask a question. If I was going to do anything, I would have gone to a "real" lawyer.
    While that may have not been the best way to handle things, it isn't illegal.

    Quote Originally Posted by kayleighsgranny View Post
    Wonder if you are lawyers that represent these employers.

    A simple "it is legal for a company to set an employee up like that without their permission"
    Would have done it...
    I resent any implication against our integrity. (see bolded comment), that is not the way to treat people who tried to help you.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #9

    Sep 28, 2012, 06:20 AM
    You have 2 legal questions, regarding setting you up and the 2 year delay.
    The issue I have is with whether 'watching you' without letting you know is equivalent to setting you up. I have a feeling that a court will say it isn't. The man wasn't herded/coerced/bribed toward you, and he was tackled right away. You had a tendency to bolt as a way to deal with him, and it made sense to not tell you that you were being watched. Nor is there anything illegal about it. Employees are watched routinely.
    I don't think you have a strong case, or even a middling one. Clouding the issue is the cut back in hours, and some bitterness about this.. I can see an opposing lawyer ripping you to shreds over that. Please don't shoot the messengers (us).
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Sep 28, 2012, 06:46 AM
    Okay, where to start. As long as you don’t want to listen and only want to talk and explain - for starters this is a very simple matter and didn’t require the lengthy, blow by blow description. I would be surprised if anyone did read the whole explanation.

    If everyone’s hours are cut, why do you think management is discriminating against you specifically? In fact, I own a business. If given a choice between ane employee with some sort of problem and an employee without a problem, I’d pick the latter, and I doubt that I am alone in that.

    You’ve already been advised concerning posting on the store’s website. It was a foolish and perhaps stupid move on your part. If the store thought you were capable of deciding how many hours employees work you would be in management. Management had another option, of course. They could have totally eliminated a percentage of the staff, and then the remainder would have remained full time. Management is not your family, friend or therapist. It’s nice and friendly if they are caring or “something” (your words). Nice, friendly and caring are not mandated by law.

    Cocne4rning your $100 paycheck - my advice would be to find other employment. Teach management a lesson. They won’t be nce and friend and “something” - leave them in the dust.
    No one but you said you are crazy and/or stupid or anything else along those lines.
    For someone who doesn’t hold grudges, you certainly aren’t dropping this.

    I have no idea what, “No matter what you may think. It's all just pretty darn wrong” means.

    Paranoia and upset (“...the customers got pretty upset too”) are two different things.

    Good that your co-workers agree with you. Maybe they can help you get your next job, because I would suspect management isn’t particularly happy with you right now. Chronic complainers, people who won’t discuss an alleged wrong calmly and rationally, are a big problem on a job site. Do you think people in Maine are the only people who have to heat their homes, are suffering in this bad job market, would like to make more money?

    You go from defending your posting on FB to “... I should have known better.” You appear to be contradicting yourself.

    Your “pretty high up” sister should have told you that fighting for higher pay does not involve posting information on FB for the world to see. I doubt very much that management thought you were weak. In fact, I doubt very much that management thought much about you at all.

    I would think a “pretty high up” sister would be able to secure other employment for you or better hours where you are.

    That’s the bad part of working for a large corporation - and I’m guessing either Walmart, K-Mart or Target. They aren’t your family or your friend. They are your employer.
    kayleighsgranny's Avatar
    kayleighsgranny Posts: 4, Reputation: 1
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    #11

    Sep 28, 2012, 07:56 AM
    Wow, okay here is what I would have taken, and would have thanked you for your answer.

    I'm sorry for the trouble you went through.(empathy)... Although it was difficult, then company's reaction to the situation was correct.

    According to my doctor, who wanted me to speak up from the beginning. Said that I could not be fired for saying what I said on Facebook, because it was true. I knew it was too late, I just wanted to know. I never wanted to do it from the start. (if they decided to ask people in our store, they would quickly know that). Even the company knows that I would not do anything, simply think I should be able to tell them. If there had been another place for me to do that, I would have.

    The reason my explanation was so lengthy, was because your site does not allow for just a question, it wants detail. So, I just tried to give what detail I could.

    As for reading the whole thing. Kind of thought that's why the sight asked for more information...
    My sister works for another company. And it was quite along time ago that she told me that. Had nothing to do with this, it's just the way it is.

    I believe "paranoia" was the word. No one that knows me, most of all my doctor. Believes that I am paranoid. My doctor, I'm pretty sure, knows more about that then a lawyer.
    And I never once said that management was discriminating against me with the cut in hours. I have never had an issue with that at all. I understand why a company does that.
    But hiring new people while cutting hours. Telling you how well the place is doing, and cutting hours. Is just plain wrong, and I have no problem with telling them so. Everyone I talk to but... all of you. Agrees.

    I don't want another job. I like what I do, at 51, there aren't a lot of options. Have you ever heard of "free speech".
    As for dropping this, lol, neither are you. I am simply responding to what you are saying to me. You can stop anytime you wish. And I will too.
    The thing about them being "nice,caring and friendly". You are right that they have no obligation to be. But, if they say they are?
    Now, it you want this to be over, don't respond, and I won't either.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #12

    Sep 28, 2012, 09:46 AM
    Quote Originally Posted by kayleighsgranny View Post
    According to my doctor, who wanted me to speak up from the beginning. Said that I could not be fired for saying what I said on facebook, because it was true. ... The reason my explanation was so lengthy, was because your site does not allow for just a question, it wants detail. So, I just tried to give what detail I could. ... I believe "paranoia" was the word. No one that knows me, most of all my doctor. believes that I am paranoid. My doctor, I'm pretty sure, knows more about that then a lawyer. ... And I never once said that management was discriminating against me with the cut in hours. I have never had an issue with that at all. I understand why a company does that. ... I don't want another job. I like what I do, at 51, there aren't a lot of options. Have you ever heard of "free speech". ... You are right that they have no obligation to be. But, if they say they are?
    Now, it you want this to be over, don't respond, and I wont either.

    Oh, again - where to start!

    For beginners, you are disagreeing with yourself - you believe your Doctor know more about medical conditions, specifically, paranoia than a lawyer. But you asked your Doctor for legal advice re: your FB posting. That street runs both ways - I don't go to Doctors for legal advice, and I don't go to Attorneys for medical purposes. Incidentally, your Doctor is incorrect. Maine has employment at will. You can be fired for any reason or no reason. Posting on FB was not terribly smart, whether your Doctor agrees with you.

    Every step of every day is not necessary when you post. There are hundreds of questions posted every day. No one had time to read unnecessary info.

    You wanted to sue the company. Discrimination is the only reason I can think of. What grounds were you thinking of?

    As far as no jobs at 51 I have no idea what skills you have and, therefore, I don't know if you can find another job. You sister who is "high up" can't help you?

    Have I ever heard of free speech? Sure - I heard all about it in law school. How does it apply here? Post what you put on FB, and I'll let you know if free speech applies.

    Have you ever heard of using common sense?

    Have you ever heard of employment at will - that means you can be fired for any reason, including posting on FB. I would be a lot more concerned right now with employment at will than I would be about FB.

    And, please, don't direct who will answer you, in what manner and how often.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #13

    Sep 28, 2012, 12:29 PM
    Ok, Before this gets out of hand, let me remind you that you came here asking us for advice. But after seeing what you have posted, I'm not so sure you actually wanted advice, but rather you wanted someone to to say "what a shame, you poor person". That's not how we work here. Judy, is correct and your doctor was dead wrong. You can be fired for no reason at all. So the FB posting was not a good idea. And "free speech" is not absolute. They can't win a defamation suit if you told the truth, but they certainly can fire you.

    Since you came here asking for advice, accept the advice you were given. Understand that we volunteer our time to share our knowledge and experience. You are free to ignore any advice you received but please don't attack the advisor who is trying to help you.+

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