PDA

View Full Version : Class Action Lawsuit...


Lykwid Spyce
07-30-2008, 07:38 PM
It's a long story, but I'll make it as short as I can.

So I work for a Frontline Care company in the shipping company. I work exclusively with 8 other people, but there are a lot of people that come down to ship product. I've only been a hired employee for about a year and a half. I'm the employee in my department with the shortest amount of time working here.

I have nothing against homosexuals whatsoever. The only guy in my department on my shift is gay. We used to always get along, but I've never liked him because of his immaturity. He's 47-48 and acts like he's 12. Everybody else in my department feels the same way I do about him.

Recently he was calling me names and I told him to stop. It stopped for about 1 day and he continued. I don't get mad when people call me names, but he was calling me a name that made me feel like he felt threatened by my knowledge of the business since he's been doing it a lot longer. When he didn't stop calling me the name, I went to my boss and complained. We had a group meeting about respecting our co-workers. I thought everything was fine, but they next day he said he would get me back for going to our boss. Since I took that as a threat of retaliation, and our work has a zero tolerance policy about retaliation, I went to HR.

They've interviewed everyone in our are and it's been a few weeks now, and no resolution so far. I don't know if they've drooped it or not. Within the last 3-4 months we've had all new people in HR. With the old HR reps, he was on probation. Since the new HR people have been here, there have been many formal complaints about this guy for inappropriate comments to going into drivers cabs when he shouldn't be.

I want to look for a new job, but can't because my wife and I only have one car and work together. I live about 20 miles from the metropolitan area and the bus isn't very feasable.

Should I complain to our corporate HR or would I be able to file a Class Action Lawsuit against the company with my other co-workers since them not firing him is creating an unnecissarily stressfull work environment? I don't know the ins & outs of CAL so I came here for some advice.

Thanks

edit: I forgot to mention that our work seems to play favortism with minorities. If a minority looks at porn at work, they get warned and nothing happens. A white person looks at porn, they get fired.

My co-workers and I beleive that he hasn't been fired yet because they're afraid of a wrongfull termination/discrimination lawsuit.

More Wise
07-30-2008, 07:45 PM
contact legal aid.

take no legal advice from anyone here regardless of what they claim as knowledge/experience.

Lykwid Spyce
07-30-2008, 07:48 PM
Originally posted by More Wise
contact legal aid.

take no legal advice from anyone here regardless of what they claim as knowledge/experience.

I just kinda wanted to see what people thought. I know B-Tech said he's a law student and other people on here might have some idea, but I won't believe everything that is typed here.

DJ Joe Nemo
07-30-2008, 09:01 PM
I bet if you called him a FAG, and he complained, you would be fired on the spot huh?
Funny how that works, and sad really.
Whatever you do, don't look at him funny or he might say you raped him with your eyes!

Lykwid Spyce
07-30-2008, 09:04 PM
None of us like the guy and all of us have complained to HR. Since I don't know if HR has done everything they're going to do, I don't want to go to corporate HR. We all just wish that he'll quit of get fired. He's the type of guy that acts differently when the first shift is here and when they're gone. When it's just me and him in our area he's fine, but when everyone is here, he's an obnoxoius, arrogant prick.

People are even asking our boss to adjust our schedules so they don't have to be around him as much.

DJ Joe Nemo
07-30-2008, 09:15 PM
invest in a tape recorder, and get the punk on tape yo!

burnt
07-30-2008, 09:17 PM
is his name Sam, by any chance?

Lykwid Spyce
07-30-2008, 09:19 PM
Originally posted by DJ Joe Nemo
invest in a tape recorder, and get the punk on tape yo!

I actually just thought about that today.

Another thing that pisses everyone off is that he is the laziest SOB around here. I bust my ass while he sits there blabbering to people in other areas or sits around on the internet. Me and him are the only ones on our shift in our area and he refuses to help me out. I'm under the impression that our boss wants him gone as well, but he can't get rid of him, only our HR dept can.

Lykwid Spyce
07-30-2008, 09:20 PM
Originally posted by burnt
is his name Sam, by any chance?

Nope. I don't want to say because there are people that I work/used to work with that know him and frequent this board.

B_tech
07-31-2008, 10:15 AM
Originally posted by Lykwid Spyce
My co-workers and I beleive that he hasn't been fired yet because they're afraid of a wrongfull termination/discrimination lawsuit.
Well, lucily, that's harder to prove than you may think. Since WA is an 'at will' state, it's VERY hard to prove you were wrongfully terminated, because there is no requirement to show cause for termination.

If you feel your employer is breaking the law by discriminating, contact WA Dept of Labor and Industries. They can investigate the matter and fine the company for violating WA law.

If that doesn't work, file harassment charges against him with the local police. Sexual harassment/harassment is a crime and if the employer does not work to alleviate the problem, they can also be charged with the crime as a facilitator. Use this as a last resort, however, and make sure you have another job lined up before you go down this route.

mercuria
07-31-2008, 12:27 PM
Originally posted by burnt
is his name Sam, by any chance?
clever!

i would seek professional legal council on this matter, as More Wise suggested.

Nukegrrrl
07-31-2008, 12:39 PM
Originally posted by DJ Joe Nemo
Whatever you do, don't look at him funny or he might say you raped him with your eyes! A client I have to help defend at my work accused someone of doing that to him and it all ended up a whole bowl full of wrong. I hope it doesn't come to that, Lykwid!

DJ Joe Nemo
07-31-2008, 03:50 PM
Originally posted by Nukegrrrl
A client I have to help defend at my work accused someone of doing that to him and it all ended up a whole bowl full of wrong. I hope it doesn't come to that, Lykwid!

Your F'n' kidding me! Someone really tried that? WOW
I need to start thinking up some crazy shit to sue someone over! Maybe that's how I can get rich.
:)

B_tech
07-31-2008, 04:21 PM
Originally posted by DJ Joe Nemo
Your F'n' kidding me! Someone really tried that? WOW

It happens a lot. You can get away with pursuing that shit in civil court, because tort law is more lax than criminal law.

Lykwid Spyce
07-31-2008, 08:26 PM
I'm still going to ride it out for a couple more weeks until I know for sure if anything will happen to this guy.

It's actually become quite comical at work these past couple of days. The guy that used to be my lead but is now just, I guess, a superior talks to him like a total asshole now. I want to so bad, but I have to put up with him longer than they do. I'm just really rude to him when he says anything to me. Mostly because this guy is immature, not very smart, and to me, a complete waste of a good paying job.