By PsychoSarah - 06/04/2011 23:57 - United States
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She probably wouldn't win the lawsuit against the employer. OP should have confronted the man about it first(Since the police were called it is safe to assume she barely did or didn't) Also, it is possible OP had a history of causing problems within the workplace, thus, providing the grounds for dismissal; Excessive Disruption of the Workplace. You can be fired for any reason the boss decides, he can't find one... he makes one up. Almost the only time legal action can be brought into situations like this is Dismissal on the grounds of absence because of Jury duty, or an arbitrary reason to fire you because of your absence.
@89 Are you a lawyer? Just curious. I'm not a lawyer either, (but I did sleep with one at a Holiday Inn) that just doesn't seem right. I would think what the customer did was sexual harassment. Getting fired for complaining about being harassed seems to be a legitimate reason for bringing a suit.
Well I think she would win. She didn't have to confront the man taking the pictures at all. It would be like having to confront a burglar before you rang the police as he robbed your house. The fact the police WERE called rather then confronting the man means she has evidence of the incident. If she has reports, conversations, witnesses- she can easily win this. But the state/country she lives in could be different and/or make it harder.
Unfortunately she can be fired for this. Every state in the US, except Montana, has what's called at will employment. That means you can quit for any or no reason at all or your boss can fire you for any or no reason at all. The only time you could sue for wrongful termination is if you're fired based on gender, race, religion, disability, or if you had jury duty. Other than that you can be fired and your boss doesn't even have to tell you why.
96- There is a difference between complaining about sexual harassment(ie confronting boss/manager) and overreacting and calling the police. I can picture it now. Manager is working quietly in his office. Looks up and sees police in his business. The disgruntled employee(OP), tears streaming down her face, runs to the manager's office. She can barely talk because she is crying so much and is breathing heavily. Manager, scared, runs to the police to figure out what happened to make OP so upset. The police, sighing, calmly tell the manager that a customer was taking pictures up her skirt. The manager, quite angry because now he has a crying women in his office, scaring other customers along with police. He also has to file a formal report to corporate stating that police were called because a customer was looking up an employee's skirt and that it is his fault for not resolving it before it escalated to police involvement. Taking all this into consideration, he decides she is too much of a liability. Thus, fires her. Please excuse double post if there is one. And no I am not a lawyer.
126- More than someone without a picture. Besides that, your statement is very vague because of poor word choice, and little use of punctuation but I will attempt to understand it. You say your daughter was flashed at work. Did your daughter immediately pick up the phone and call 911 or talk to the manager or file a police report. Her worst mistake was bringing the police to the office, especially without telling anybody.(If she did tell the manager then she did not listen to the manager when he said to not call the police) What she should have done is either talk to the manager and let him deal with it or, use the man's information(assuming he gave it to her for business) file an official police report and let the police resolve it outside of a business environment.
132- Not saying that the employer shouldn't take it seriously, but that the victim took the wrong steps to resolve the issue. She should have called the manager, have him come talk with the man, then proceed to obtain his information and file a police report. Instead she saw his inappropriate acts as a national emergency and call the police...to do what exactly? Take him to jail? I doubt it...
I don't know about Illinois, buy in California I believe this would be considered retaliation for reporting sexual harassment, which is illegal. That being said, a common FML theme seems to be young ladies who think everyone wants a peek up their skirts. You're not all that, so simmer down already, drama queens.
No_LoveMM you have made some of the stupidest comments I have ever read and sound like a sexist pig who think women should just take sexual harassment as part of being born a woman. Are you a fellow peeping tom who invades women's privacy for pictures to help your own perverse desires? You seriously need to learn a few things about the rights of individuals and stop acting like women should just keep their mouths shut. Also, stop saying she'll lose a legitimate lawsuit. With all of the idiotic lawsuits filed nowadays I'm sure she would win. If she lost it's because there's sexist men like you on the jury who will say she "overreacted" and should have just let those photos of her in her underwear circulate the pervert circle. And guess what, he CAN be taken to jail, as he should. He is breaking numerous laws and I highly doubt the OP is the only individual he has taken photos of. If nobody ever calls the police on people who do things like this they will only continue their behavior and possibly escalate to higher levels of crime. Saying that she should have just told her manager and not bothered contacting police about this man BEFORE he has a chance to do this same thing to even more women is just illogical. The police need tabs on guys like this before they escalate to home invasion and/or rape. Is it 100% certain that they'll commit those crimes? No, but they show signs that they might do it which means having it on file would help if they do.
He is just upset that someone actually told his ass off. It's funny how he thinks he knows it all when it can go either way. he must be stupid enough to only think about the negative outcome more than the positive. so yes sir I would have to agree your making stupid comments ESP when your not even a lawyer. reading articles and posts on wikipedia doesn't make you one wanna be Charlie sheen! if anything it makes you look more like Charlie sheen!
171 Just reading your comment proves to me that you did not do the same to mine. I never said she should keep her mouth shut...Also, you obviously don't understand how these sort of things are supposed to go down in the workplace. She deserved to be fired for calling the police to her office building where should should have; A.Taken the camera/phone which took the pictures. B.Called in the manager/boss. C.Filed an official police report. I have said that multiple times now I don't think I can really make it much simpler for you to understand, frankly it doesn't seem like such a difficult concept to grasp, but I guess everyone is different right?
I apologize 178 I was unaware of the fact that I was required to be a certified lawyer to prove someone wrong especially on a site like this. Are you a certified therapist or psychologist to be making those assumptions as well? If not then you might as well just delete your comment and refrain from posting anything else. Thank you.
he fired her for feeling objectified isn't that a type of sexual harassment. like he's basically telling her that he doesn't give a dam that she got harassed and that she should shut up and take it. I'm pretty sure a jury would convict because of this. but then again I'm not a lawyer :P
Actually I am a certified therapist. But hey like I said, wikipedia can only get you so far. Oh and before you make "assumptions" make sure your claim is truth because I have been called for similar situations in court and even witnessed one where the GIRL won. And FYI, the Boss could just be an ass and could care less about the employee and more about the customers when today's business should be more focused on making employees happy and which in turn makes customers happy. Oh yes I'm also a business graduate before you say anything about that. With that said. You should actually delete your account and have some sympathy for females. Yes many overreact and many don't. Before you make a judgment, look at both sides first.
WOW. You. Are. An. Idiot. She has EVERY right to stand up for herself by calling the cops. She was VIOLATED. I would have done the same thing. I would have informed my manager of the situation and told him/her that I was calling the cops, even if they told me not to, although I don't know what kind of manager would object to something like that.
If she had been screaming, fighting and truly causing a disturbance I can see why she would be reprimanded by her manager, but it seems that she called the police and was fired for that. Is having police in your store because someone committed a crime a good reason for firing the employee that called them? No. The manager could have told the entire staff that next time the police should be contacted because of a crime being committed to let him know so he could make the call if it was not life threatening and that would be entirely reasonable. Firing the girl was too harsh of a move, even if she yelled at the man. If she got into a fight with him in front of customers for 20 minutes waiting for the police to come I could understand why she would get in trouble, especially in this economy where many employers find they can fire someone for every little thing they get upset about and have a replacement within a couple of days. The store may have a security guard in which case let them hold the man until the police come, but if she automatically called the police I highly doubt they had any type of security guard on duty. Also, she probably was scared that he might get away with those pictures in his cell phone before she could stop him, and I know I wouldn't want that to happen to me. If she got fired because she attempted to get the man to wait until the police got there and therefore got into an argument with him is it really grounds for termination? Does having a job really mean you should just stand there and let someone who has just violated you walk away with those photos illegally obtained? No. That is a hostile work environment if every time you go to work you know that if someone does something illegal to you you can't do anything about it because you're not off work.
Lol. No Love. Stop. You don't know anything about business so stop talking about this topic like you do. Businesses have had some police roam their business at one point or another with customers there. does it make a customer leave? No. The customer doesn't know crap on what's going on regardless of how small or big the situation is. seriously, just post somewhere else because your making a ass out of yourself
You're right. But in this case, she did specify that her previous employer fired her for "calling the police and making a big deal" and employers have a duty of care to their workers. To accuse her of making a big deal out of being sexually harassed by a customer is no worse than tolerating sexual harassment in the business. The asshole should get their business license revoked. OP can totally sue.
Hard to believe this many people can have their heads shoved so far up their asses... It's almost like they stopped reading my posts and just kept posting the same thing over and over again... I mean... it's a simple concept lol... She got fired; it was her fault... A 5 year old could understand that...
105- Too bad she didn't "report" sexual harassment, she called the fucking police. Probably pissed the manager/boss off.(understatement) No one was murdered, no one's life was in danger, and no one was destroying property. Not saying you shouldn't call the police if the category doesn't fit the above, but since it is not an emergency you should definitely confront your manager/boss before overreacting and calling the police. You deserved it.
People are ridiculous. I'd slap the smile off his face if he was taking pictures up my skirt.
Again, we have a prime example of a situation that could have been solved with a glock.