I have a problem with the fact that my daughter was physically and verbally attacked by a very large black woman at her job. This woman was probably three to four times the size of my daughter and every time she worked with my daughter, she went out of her way to harm my daughter. There was no manager at the company at the time so I reported it to corporate and they sent some one out to talk to my daughter and others that saw her do this, yet this woman was only given a warning, I am very angry because my daughter quit her job because she no longer felt safe there, and the company did nothing to protect her. I think that the only reason this woman got by with treating my daughter so poorly is because she is black. That really pisses me off that she was not repremanded even when everyone told corperate how vicious she was.Should we sue her and the company?? BCBG Maxeria
2007-09-19 20:35:10 · 24 answers · asked by gigi 5 in Politics & Government ➔ Law & Ethics
For starters, go to the police and don't rely on getting justice or protection from the company's managers. Hitting or pushing anyone, or even physically threatening anyone is a crime! The police will handle it as an assault case and your daughter's company will have no choice but to cooperate in investigating this bully.
I'm 100% for labor laws against racial bias in the workplace, but I have to admit I've worked at a few companies myself where the management would let certain minority employees get away with murder, because anytime somebody complained about them they'd play the race card by screaming and hollering and threatening discrimination lawsuits. In particular, I used to manage a security department for a company in N.Y. where this one African-American security officer was an absolute nutcase. He couldn't follow orders, would damage and sabotage company property, would constantly start fights with his coworkers and would sometimes threaten and intimidate visitors and clients. I kept trying to fire this idiot and I had good reason to, but the vice-president of the company kept countermanding me because the guy would always tell him he'd go straight to the state Human Rights Commission and get us in trouble. And unbelievably, almost every coworker who complained about this employee's behavior was often threatened with removal from his position and was told to simply "get along" with him or else. The only way to describe this guy is that he was like Al Sharpton on crack. In the end, we finally got rid of him because he'd just lounge at his desk throughout his entire shift and do absolutely no work at all and would yell at anybody who said anything to him, and the HRC finally informed us that he didn't have a real case. But the whole process took 2 years before I could finally get him out of there, and I probably lost a couple years off my life due to the added stress. So based on my own experience, I wouldn't put any trust whatsoever in the managers of your daughter's company to properly address the problem and censure the person who's causing it. In fact, they're probably more likely to sweep the problem under the rug by getting rid of your daughter rather than the real troublemaker just for the sake of keeping things quiet and avoiding litigation. If the police charge and investigate this ghetto cow and the managers STILL refuse to get rid of her, then you and your daughter should consider contacting a labor attorney and look into possibly filing a lawsuit against the company for creating a hostile and dangerous workplace environment. Best of luck.
2007-09-19 23:36:11 · answer #1 · answered by Anonymous · 1⤊ 0⤋
The company did not fire her because of so many reason which we donot know at this point. But the most intriguing is why did your daughter quit her job there in the first place is the most asked question as of these time. No formal sober arrangement to confront the problem squarely between your daughter and the black woman you describe here? Why?
No inquiry or investigation what really started the confrontation of your daughter and the other woman in the said story? It is either your daughter started it or the other woman in the said story, but we wouldn't know would we unless you told us so. But at this point it is immaterial because in your own version of the story you are giving us impression that we should side with your daughter, usually the law at this point should give credence to the story of not only your daughter but both side to judge or balance the real scope of the whole thing.
The black woman was therefore given a warning for reason that she maybe had been working with the company for so long. A company doesnot FIRE someone just because he or she made one mistakes that is so cruel on the part of the company, since this is just a misdemeanor and not a corporate felon against the company but against an employee of the company. So after the company send someone to mediate between the two and others who saw what happen you are disgusted why only warning was slapped against the black woman. That is usually the procedure of some company first warning and second warning the third one is dismissal. You should have advice your daughter to stick on her job and not felt ANGRY about the whole situation. She is more safer now that the whole thing is resolved between the two, and if how ever it will happen again, I think the black woman would be fired and terminated the second time around. Your daughter should have stood her ground on this. Color's has nothing to do with your accusation on the failure of the company to fire her. This is unacceptable in the court of law.
Sue her probably justifiable but suing the company is another story. The company at this point would probably tell your lawyer that there is no probable cause to sue the company regarding the said case. Sue the company for what? Moral damages or plainly put it money? You got no chance. But it is your shot, you could try. But for the woman yes I think you have a case, but to the company think twice before you try it.
2007-09-20 06:02:17 · answer #2 · answered by Anonymous · 0⤊ 1⤋
No matter what race the woman happens to be, she should not have attacked your daughter. If there are marks on your daughter from the attack, you need to take pictures immediately. Your daughter may even need to file a police report.
Depending on the company, the "corporate people" may want to just sweep this under a rug and pretend that everything is fine. Some companies even make employees sign an arbitration agreement (you can't sue them if you do). They say "our lawyer will sit down with your lawyer and come to an agreement". Make sure she didn't sign one of these.
Good luck in whatever becomes of this!
2007-09-20 03:53:33 · answer #3 · answered by T 2 · 2⤊ 0⤋
No. Waste of time and money - unless your daughter ended up in the hospital.
Most companies have EEO policies that prohibit this type of behavior. Your daughter should have been advised to file a grievance so that the incident would be resolved by management and go down on the the other woman's record. It sounds like they "couseled" the other woman and gave her a warning, which is the usual response to a first time incident.
If you feel that this woman is a danger to society, then perhaps your daughter should press charges against her for assault with the police.
2007-09-20 03:42:13 · answer #4 · answered by Theresa 6 · 3⤊ 1⤋
You need a witness to the event. Once you got a witness then you can file a lawsuit against the company and a civil suit against the woman.
If this incident occur more than once and the company was advised of this situation and done nothing about it to prevent it from happening again that makes them liable and if your daughter has been hurt from the incident it makes them grossly liable and the punitive damages from a jury go high.
In most cases they will settle out of court rather than make fools of themselves trying to justify they did right.
In the year 2000 I sued a company I worked for because I had informed them that the rail holding the boxes was loose and not stable. They did nothing about it.
One month later when I was pushing a dolly around the corner the rail collapsed and the boxes fell on me. All OI got was a bruised back from the boxes and $250,000 from the company.
They settled out of court.
When in doubt take it to court.
2007-09-20 03:44:37 · answer #5 · answered by Anonymous · 3⤊ 0⤋
gigi
I would definitely contact a lawyer and see what your options are. We all know that there is SUCH a double standard in our society these days. When I read your question it really ticked me off. Make sure you document everything, dates, times and what was said before talking to a lawyer. Most of the time they will do a free consultation. And you would know if it is worth your time and if the outcome would be in your favor.
I do think it is a good idea to contact the police and file a complaint against her, too.
Keep us up to date on your progress and if you decide to sue. Good luck
2007-09-20 22:06:54 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Obviously there are two sides to every story, and maybe the situation wasn't as serious as yur daughter perceived it to be -- I'm not saying that's the case, I'm just playing devil's advocate here. It's certainly an explanation for why this woman didn't get fired.
It seems to me like you're the one who is fixated on the race of the person harassing your daughter at work. If she feels unsafe at her workplace, and particularly if an assault was involved, she needs to bypass the corporate HQ and everyone else and file a police report -- assault is a matter for the police and for the courts.
2007-09-20 14:04:33 · answer #7 · answered by Hillary 6 · 0⤊ 3⤋
sue her all she want she doesnt have anything to take...as for her warning...they can say it was an informal reprimand...the company stands to lose more in a civil suit over race with her than they stand to lose with your daughter over harassment...so in any event she got off cuz shes less trouble if shes quiet..so in a way yeah shes clean cut cuz shes black...the last thing the company reputation needs is some disgruntled black employee hollerin "oh muh lawdy lawd i dun been scriminated on" next thing ya know shes down there with a pocket full of black lawyers and the regional NAACP official is down there with news cameras...after that louis farra"klown" will be on cnn or fox sayin who knows what about white devils and everything will go to hell in a hand basket
as opposed to giving you the shortend of the stick without anyone hearing a peep about it...all because of the stupid racial double standards that this self victimised black society presses their will with everytime a white person has the wrong look on their face
2007-09-20 03:49:03 · answer #8 · answered by Anonymous · 2⤊ 0⤋
From the look of it you may have a good legal case but I am worried about what you are not saying.You are leaving too much unsaid to make me suspect that you may be hiding your daughter's role in this regard.If she was assaulted the police is who she should have called not management.Did she suffer any injury and did she see a doctor?I know we all want to protect our own,but it is our duty to find out the truth,If not the case we put forward may not withstand a strong legal challenge
2007-09-20 20:17:25 · answer #9 · answered by miraclehand2020 5 · 1⤊ 1⤋
Well I would first file a police report about this woman and also file a formal complaint with the company and send letters to the newspapers in editorial sections as to what occured and how you think it was racial discrimination that caused this incident to go undone. Do what the blacks do cry discrimination only use the words reverse discrimination and oh also put her on the ripoffreport. Go to ripoffreport.com and file her online for all to see!!!!!!
2007-09-20 04:57:18 · answer #10 · answered by Anonymous · 3⤊ 0⤋