any lawyers on this forum?

tdekany · 12-17-06, 05:07

A short while ago tonight I was (wrongfully) accused of sexual harassment by the store manager at blockbusters. Something that happend about 10 days ago or so.

I will call a lawyer friend tomorrow am but I was just wondering what my options are.

I am 300% innocent. A false identity, but the manager accused me anyways in front of other customers and was refused help by another clerk.

I have more details if needed.

thanks!

mopar · 12-17-06, 05:29

Quote:

Originally Posted by tdekany

A short while ago tonight I was (wrongfully) accused of sexual harassment by the store manager at blockbusters. Something that happend about 10 days ago or so.

I will call a lawyer friend tomorrow am but I was just wondering what my options are.

I am 300% innocent. A false identity, but the manager accused me anyways in front of other customers and was refused help by another clerk.

I have more details if needed.

thanks!

Do you work there, is she hot, hell if you ask a fellow employee on a date she could accuse you of harassment. if it was 10 days ago why she dint call the law then, maybe for looking at her arse, or is that for sexual assault only actualy touching it, I would just stop going there but they have you're life info in front of them.

Mach30SiR · 12-17-06, 05:37

Which Blockbuster? Thats crappy man, i'd like to know so I dont frequent them again.

GTFreddy · 12-17-06, 06:03

Can you clarify the situation? Do you work there? Were you just shopping? What happened ten days ago? Please explain.

tdekany · 12-17-06, 06:39

Quote:

Originally Posted by Mach30SiR

Which Blockbuster? Thats crappy man, i'd like to know so I dont frequent them again.

burke center parkway & roberts by walmart.

SpoiledMan · 12-17-06, 06:40

From what I know, sexual harassment requires that you work with her in some capacity. Sexual assault would require some physical contact. Can you elaborate any?

CatVert68 · 12-17-06, 06:57

In corporate America, sexual harrassment is defined simply as:

Quote:

Originally Posted by Wikipedia

"Sexual harassment is harassment of a sexual nature, typically in the workplace or other setting where raising objections or refusing may have negative consequences. In American employment law, it is any unwelcome sexual advance or conduct on the job, having the effect of making the workplace intimidating, hostile or offensive. Sexual harassment is considered a form of illegal discrimination."

The notion of consequences does not imply a hierarchical relationship. A co-worker can also create consequences by threats, withholding normal courtesies or support, etc. However, consequences are not necessary for sexual harrassment to exist. A co-worker who constantly relates sexual stories, jokes, or innuendo that upset another co-worker is also guilty of sexual harrassment.

I am not a lawyer, but the company I work for requires sexual harrassment training of all employees annually so I've been through the course a few times now.

If you've been formally accused, you better learn your rights and exercise them. Companies have too much at stake in this area and most will follow up a complaint with some type of investigation. The operating assumption generally favors the employee who made the initial complaint.

tdekany · 12-17-06, 07:43

Quote:

Originally Posted by GTFreddy

Can you clarify the situation? Do you work there? Were you just shopping? What happened ten days ago? Please explain.

Earlier this year our blockbuster store was closed down. Not surprised since the service was terrible.

So we started going to this particular store (next closest to us) from day one this store seemed like a dream. The guys there were always very friendly and extremely helpful. So because of this, my girlfriend wanted to do something special.

There are 3 guys there that have been there since we started renting from them.

She went to PF Chang and bought 3 $30.00 gift certificates to show our appreciation for their kindness. (Around here people are not that nice in general - m2c).

So about 10 days ago we go in (BTW since we don't watch TV, we rent about 5 days a week 2 movies at a time: we have that movie pass - they know us really well as far as customers) and as I pull into the parking lot in front of the store, we see one of boys leaving (ROB).

I called for him, he comes back and I hand him his GC. Obviously he was very surprised and seems to appreciate it. We chatted for a minute or so and we went into the store. He got in his car and left.

We picked 2 more movies and one of the new employees (female) checked us out. She started a conversation about the movie PULSE we were renting how she thought that it was a really bad movie and that there is another movie that is coming out shortly that is like that and much better - we thanked her for the recommendation etc.... We go home that night.

Few days later my girlfriend goes in to see the other 2 guys to give them their GC. One wasn’t there so she just gave (JOSH) his. My girlfriend comes home and tells me that the weirdest thing happened at the video store: She hands him the GC but he doesn't even looks at her and kind of says a very weak thanks and turns away and goes back to organizing the tapes. My girlfriend's feelings were really hurt, so I tried reassuring her that he is just really shy. Few days later she finds PACO working and he was just a little better receiving his gift, but still unusually unfriendly. He was the friendliest of the 3.

Fast forward to tonight. We go in and started looking for a movie and asked one of the girls for info. She helped me. We realized that we saw that movie already and I wanted to find another one that I've seen years ago but couldn't remember the title. So I go up front and this time I walked up to ROB (didn't want to bother the girl) and started to ask him for help, but instead of answering me he kept looking towards his right where the manager was busy with another customer - he didn’t want to communicate with me so I was like ***??? (In my head)
so I said: Can you help me?

ROB says: Ahhh not really

I said: Don't you know movies?

ROB says: nahhh no.

I didn't want to make a big deal out of it so I went back to the female clerk and she knew the name of the movie. By then the manager woman was free and yells over to us that that movie they don't carry.

So I start walking away from her trying to find something else. At this point I am in the middle of the store surrounded by a few other customers.

I see the manger walking towards me and when she gets about 8' from me she starts pointing her fingers at me and says this to me:

The other day when you were in you were not very nice to one of my employees. She got so upset that I had to take her off the floor and had to send her home later. I also called the corporate office and reported you and that I should take this very seriously.

ME: What did I do?

Manager: As you were checking out, you asked her if there was any movie in the store that I could EDITED********************
At this point I said to her that she better stop accusing me of such a thing because she has the wrong guy. I also asked her if I was alone, to this she says no, she was with you pointing out my girlfriend who by this time is almost next to me (she was looking at the wall not too far from us.)

I said how can you be so sure that it was me?

She says because the girl told her that it was the couple who gave ROB the GC. By now my girlfriend is freaking out. And tries to ask her some questions while telling her that we are the nicest people who come into your store. To this she says that there were 2 other employees who witnessed the incident but they claimed that the person was shorter than me. That really pissed my girlfriend off and she gave her her 2 cents about us. To that the manger says that she is just trying to get the bottom of all this. We of course didn't rent anything.

My girlfriend is downstairs crying.

STG · 12-17-06, 07:49

Quote:

Originally Posted by tdekany

.....I am 300% innocent. A false identity, but the manager accused me anyways in front of other customers and was refused help by another clerk.

thanks!

The thread starter "was refused help by another clerk." This implies he was a CUSTOMER at the store. You guys need to READ CAREFULLY.

If you are a customer, there is no law against staring, pointing or saying, "great headlights, *****!"

If the store manager openly and falsely accused the thread starter of being some sort of sex offender in front of witnesses, tdekany may have a cause of action against him and possibly the business. Proving damages may be tough.

The first rule to remember is:

DO NOT ASK FOR LEGAL ADVICE REGARDING THIS SORT OF THING ON A DETAILING FORUM.

FOR CRYING OUT LOUD!!!!!!

CatVert68 · 12-17-06, 08:00

Quote:

Originally Posted by STG

The thread starter "was refused help by another clerk." This implies he was a CUSTOMER at the store. You guys need to READ CAREFULLY.

If you read carefully, you'll see that the sentence in which that phrase occurs doesn't make sense grammatically. A literal reading indicates that the manager was refused help by another clerk. Given the nature of the question, there is nothing there to suggest the poster isn't a clerk as well.

Quote:

If you are a customer, there is no law against staring, pointing or saying, "great headlights, *****!"

Not strictly true, IMHO. An employee has the right to expect their manager to ensure that even customers are not permitted to create an offensive or intimidating work environment. All the manager may be able to do is ban the offending customer from the store, but he/she would be legally entitled to take that action if necessary to protect the employee from harassment.

Quote:

If the store manager openly and falsely accused the thread starter of being some sort of sex offender in front of witnesses, tdekany may have a cause of action against him and possibly the business. Proving damages may be tough.

The first rule to remember is:

DO NOT ASK FOR LEGAL ADVICE REGARDING THIS SORT OF THING ON A DETAILING FORUM.

FOR CRYING OUT LOUD!!!!!!

I couldn't agree more.

TexasTB · 12-17-06, 08:01

Ask for them to review security footage, if they haven't looped over it yet. or even if they have cameras...

No clue man. Word vs. Word.........

tdekany · 12-17-06, 08:02

Quote:

Originally Posted by STG

The thread starter "was refused help by another clerk." This implies he was a CUSTOMER at the store. You guys need to READ CAREFULLY.

If you are a customer, there is no law against staring, pointing or saying, "great headlights, *****!"

If the store manager openly and falsely accused the thread starter of being some sort of sex offender in front of witnesses, tdekany may have a cause of action against him and possibly the business. Proving damages may be tough.

The first rule to remember is:

DO NOT ASK FOR LEGAL ADVICE REGARDING THIS SORT OF THING ON A DETAILING FORUM.

FOR CRYING OUT LOUD!!!!!!

Should I do that on the an audio forum?

I will get legal advise in the morning, but there is no harm to see if there is a lawyer on AUTOPIA