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Re: sexual harassment

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  • Jurydoctor@aol.com
    In a message dated 1/7/2009 07:50:21 PM Eastern Standard Time, writes: first, if jane was doing such a bad job, or what ever and was to be fired on Friday, why
    Message 1 of 6 , Jan 7, 2009
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      In a message dated 1/7/2009 07:50:21 PM Eastern Standard Time, writes:


      first, if jane was doing such a bad job, or what ever and was to be fired on
      Friday, why is it they let her work Friday night? Busy or not, if they didnt
      want her and she was that bad, then they should have gotten rid of her then.
      Seems to me she wasnt that bad.
      As far as sexual harassment, has it been reported before?
      yes and no..
      Jane claims other servers complained. the other server deny complaining. Fufu
      is the best restaurant in town with the best tips...



      If it had been, I think she should have smacked the guy. The manager should
      have definitely taken the matter into his own hands. She should not have had
      to put up with that. But then, was she flirty? was she a tease?

      no, actually she was (and I quote) "a bitch"


      There is a lot of information that is missing to make a fair decision. Also,
      has she had other problems in the past with other employees, other customers?

      yes, she had a few no shows at work, once called in that she was too
      intoxicated to work (after her sister's wedding) and not getting along with other
      emplyees

      Lying on other applications wasn't a good thing, but probably wouldnt stand
      up in court.
      If she hadn't had problems in the past, and the manager did know what was
      going on and never did anything about it, I think she should be awarded 3 mo.
      salary. No more. That is, as long as she was not flirting or teasing. It was
      just a pat, which is still wrong. But thank God, nothing worst happened.


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    • RanchoAttySvc@aol.com
      In a message dated 1/7/2009 6:25:19 P.M. Pacific Standard Time, Jurydoctor@aol.com writes: yes, she had a few no shows at work, once called in that she was
      Message 2 of 6 , Jan 7, 2009
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        In a message dated 1/7/2009 6:25:19 P.M. Pacific Standard Time,
        Jurydoctor@... writes:

        yes, she had a few no shows at work, once called in that she was too
        intoxicated to work (after her sister's wedding) and not getting along with
        other
        emplyees



        She sounds like a whiner. Just my $0.02 cents worth.

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      • Ricky Gurley
        ... fired on ... they didnt ... her then. ... complaining. Fufu ... Because the restaurant was busy. I don t know if you have ever worked in the food service
        Message 3 of 6 , Jan 7, 2009
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          --- In infoguys-list@yahoogroups.com, Jurydoctor@... wrote:
          >
          > In a message dated 1/7/2009 07:50:21 PM Eastern Standard Time, writes:
          >
          >
          > first, if jane was doing such a bad job, or what ever and was to be
          fired on
          > Friday, why is it they let her work Friday night? Busy or not, if
          they didnt
          > want her and she was that bad, then they should have gotten rid of
          her then.
          > Seems to me she wasnt that bad.
          > As far as sexual harassment, has it been reported before?
          > yes and no..
          > Jane claims other servers complained. the other server deny
          complaining. Fufu
          > is the best restaurant in town with the best tips...


          Because the restaurant was busy. I don't know if you have ever worked
          in the food service industry before or not. I have, and I have even
          managed a few restaurants; and I know that there are times when "bad
          help" is better than no help at all.

          So other servers complained. So what? The issue here is did JANE complain?



          > If it had been, I think she should have smacked the guy. The
          manager should
          > have definitely taken the matter into his own hands. She should not
          have had
          > to put up with that. But then, was she flirty? was she a tease?
          >
          > no, actually she was (and I quote) "a bitch"


          Of course this was a poor choice of words.. But... No mater if she was
          a "bitch", or "snappy", or just not "customer friendly" or "customer
          service oriented", really does not make much of a difference. I don't
          think you can sue someone for calling you a name. And if the manager's
          felt like she was not "customer service oriented", and they chose to
          describe that as "she was a bitch", if the managers felt like this
          could drive off their customers I fail to see the significance.



          >
          >
          > There is a lot of information that is missing to make a fair
          decision. Also,
          > has she had other problems in the past with other employees, other
          customers?


          But we do know these facts:

          (1) The managers felt like she was not treating their customers in an
          appropriate manner, conducive to making the customer want to come back
          to their establishment.

          (2) The timing of the law suit.

          (3) She had not ever reported this sexual harassment claim before she
          was to be fired and initiated her law suit.

          (4) She DID lie on her application.

          And I think that is all we really need to know.



          > yes, she had a few no shows at work, once called in that she was too
          > intoxicated to work (after her sister's wedding) and not getting
          along with other
          > emplyees


          Calling in drunk is grounds for termination, right there.

          Think about it. When you work for someone else, there are certainly
          times that you might need time off, but one of those times is NOT
          because you are drunk! You have an obligation to come into work
          without being under the influence of alcohol, and that means also
          considering what you do BEFORE work.


          >
          > Lying on other applications wasn't a good thing, but probably
          wouldnt stand
          > up in court.
          > If she hadn't had problems in the past, and the manager did know
          what was
          > going on and never did anything about it, I think she should be
          awarded 3 mo.
          > salary. No more. That is, as long as she was not flirting or
          teasing. It was
          > just a pat, which is still wrong. But thank God, nothing worst
          happened.


          Why would lying on her application NOT stand up in court, especially
          when she acknowledged this was a reason for dismissal? The clause that
          she signed does not say that the employer HAS to verify her
          information before they hire her, or any specific time after they hire
          her. The employer can verify her background anytime he or she so
          desires to. And certainly, if Jane does something that makes her
          employer decide to check into her a little more, instead of continuing
          to take her application at "face value", then that is her employer's
          option to do so.


          Rick.


          Risk Management Research & Investments, Inc. & Thoth Data Systems
          Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
          Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203
          Direct Office Number: (573) 234-6876
          Office Phone: (573) 234-4647 Ext. 110
          Car Phone: (573) 529-0808
          Cell Phone: (573) 529-4476
          Toll Free Phone: (888) 571-0958
          Toll Free Fax: (877) 795-9800
          EMERGENCY LINE: (573) 234-4871

          RMRI, Inc. Websites
          (1) http://www.rmriinc.com
          (2) http://rmriinc.bestcyberinvestigator.com

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        • Slipinn@aol.com
          Comments and random thoughts: What if the manager is lying? Perhaps continuing the case is in order so that more current employee s cycle thru turn over (which
          Message 4 of 6 , Jan 7, 2009
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            Comments and random thoughts:


            What if the manager is lying? Perhaps continuing the case is in order so
            that more current employee's cycle thru turn over (which is rapid in that
            industry). Once current ones have left and no longer fear for their job, more
            information may be available.
            What if she in fact complained to him and he told her to get out and then
            made up an excuse that she was a bitch to customers?
            Why would the manager need to embellish his defense after the fact with his
            "false application" issue? Why shift the focus?
            Can the mgr produce this complaining customer? Charge card records etc?
            Can she produce cell records to show calls to EEOC or lawyers prior to her
            termination day and time?

            Would be interesting to know the first date she contacted a lawyer,before or
            after she was fired?



            Chuck Chambers
            Co-President, Florida Association of Private Investigators (FAPI)
            Charter member- FAPI
            Author- The Private Investigator's Handbook
            Recipient of the 2007 Fapi Outstanding service award
            State approved Instructor Class CC intern course-Manatee Community College

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            In a message dated 1/7/2009 11:32:34 P.M. Eastern Standard Time,
            rmriinc@... writes:


            But we do know these facts:

            (1) The managers felt like she was not treating their customers in an
            appropriate manner, conducive to making the customer want to come back
            to their establishment.

            (2) The timing of the law suit.

            (3) She had not ever reported this sexual harassment claim before she
            was to be fired and initiated her law suit.

            (4) She DID lie on her application.

            And I think that is all we really need to know.

            > yes, she had a few no shows at work, once called in that she was too
            > intoxicated to work (after her sister's wedding) and not getting
            along with other
            > emplyees

            Calling in drunk is grounds for termination, right there.

            Think about it. When you work for someone else, there are certainly
            times that you might need time off, but one of those times is NOT
            because you are drunk! You have an obligation to come into work
            without being under the influence of alcohol, and that means also
            considering what you do BEFORE work.

            >
            > Lying on other applications wasn't a good thing, but probably
            wouldnt stand
            > up in court.
            > If she hadn't had problems in the past, and the manager did know
            what was
            > going on and never did anything about it, I think she should be
            awarded 3 mo.
            > salary. No more. That is, as long as she was not flirting or
            teasing. It was
            > just a pat, which is still wrong. But thank God, nothing worst
            happened.


            Why would lying on her application NOT stand up in court, especially
            when she acknowledged this was a reason for dismissal? The clause that
            she signed does not say that the employer HAS to verify her
            information before they hire her, or any specific time after they hire
            her. The employer can verify her background anytime he or she so
            desires to. And certainly, if Jane does something that makes her
            employer decide to check into her a little more, instead of continuing
            to take her application at "face value", then that is her employer's
            option to do so.



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          • Ricky Gurley
            ... Chuck, is Florida a right to work state? I have no idea if it is or not, but I figured you and probably a few others that have not responded to this
            Message 5 of 6 , Jan 7, 2009
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              --- In infoguys-list@yahoogroups.com, Slipinn@... wrote:
              >
              > Comments and random thoughts:

              Chuck, is Florida a "right to work" state? I have no idea if it is or
              not, but I figured you and probably a few others that have not
              responded to this thread yet would know.


              Rick.



              Risk Management Research & Investments, Inc. & Thoth Data Systems
              Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
              Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203
              Direct Office Number: (573) 234-6876
              Office Phone: (573) 234-4647 Ext. 110
              Car Phone: (573) 529-0808
              Cell Phone: (573) 529-4476
              Toll Free Phone: (888) 571-0958
              Toll Free Fax: (877) 795-9800
              EMERGENCY LINE: (573) 234-4871

              RMRI, Inc. Websites
              (1) http://www.rmriinc.com
              (2) http://rmriinc.bestcyberinvestigator.com

              RMRI, Inc. Blogs
              (1) http://rmriinc.blogspot.com/index.html
              (2) http://rmriincspace.spaces.live.com/
            • Slipinn@aol.com
              here ya go Rick...:) Chuck Fla. Const. Article 1, § 6 § 6. Right to Work The right of persons to work shall not be denied or abridged on account of
              Message 6 of 6 , Jan 7, 2009
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                here ya go Rick...:)
                Chuck
                Fla. Const. Article 1, § 6
                § 6. Right to Work
                The right of persons to work shall not be denied or abridged on account of
                membership or non-membership in any labor union or labor organization. The
                right of employees, by and through a labor organization, to bargain collectively
                shall not be denied or abridged. Public employees shall not have the right to
                strike. (Constitution Amended by General Election, 1944; Revised by General
                Election November 5, 1968)
                TITLE 31. LABOR (Chs. 435-452)
                CHAPTER 447. LABOR ORGANIZATIONS


                In a message dated 1/8/2009 12:26:55 A.M. Eastern Standard Time,
                rmriinc@... writes:




                --- In _infoguys-list@infoguys-lisinf_ (mailto:infoguys-list@yahoogroups.com)
                , Slipinn@... wrote:
                >
                > Comments and random thoughts:

                Chuck, is Florida a "right to work" state? I have no idea if it is or
                not, but I figured you and probably a few others that have not
                responded to this thread yet would know.

                Rick.

                Risk Management Research & Investments, Inc. & Thoth Data Systems
                Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
                Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203
                Direct Office Number: (573) 234-6876
                Office Phone: (573) 234-4647 Ext. 110
                Car Phone: (573) 529-0808
                Cell Phone: (573) 529-4476
                Toll Free Phone: (888) 571-0958
                Toll Free Fax: (877) 795-9800
                EMERGENCY LINE: (573) 234-4871

                RMRI, Inc. Websites
                (1) _http://www.rmriinc.htt_ (http://www.rmriinc.com/)
                (2) _http://rmriinc.http://rmriinc.http://rm_
                (http://rmriinc.bestcyberinvestigator.com/)

                RMRI, Inc. Blogs
                (1) _http://rmriinc.http://rmhttp://rmrhttp_
                (http://rmriinc.blogspot.com/index.html)
                (2) _http://rmriincspacehttp://rmriinhttp_
                (http://rmriincspace.spaces.live.com/)





                **************New year...new news. Be the first to know what is making
                headlines. (http://www.aol.com/?ncid=emlcntaolcom00000026)


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