OT - Workplace harassment. Need help with proving "damages"

[4honor]

Summary:

Co-worker was being slimey - racist sexist and a pig about anyone who did not meet his narrow idea of OK (blonde, blue eyed and protestant).  His actions while offensive would have been no big thing if he would have closed his mouth while others were on the telephone.

I brought attention to him about his actions. He started harassing me (waiting until others were gone and making personal comments to and about me). I took it to the office manager and he forwarded it to the Pres and vice pres. - company of less than 50.

The Pres said "play nice". I tried to maintain a professional attitude and continue to be civil when I needed to deal with co-worker. Co-worker waited until everyone was gone and then threatened me.

They called him to the corporate office for a "talk". He became hostile to everyone in the office. The company added some distasteful duties to my job for which I am paid $8 each and for which a male doing the same duties was given a commision of over $300 each. Then I was told to "play nice" again, while co-worker was allowed to work from his home (priviledge repeatedly denied to others in the company).

I was promised I could go full commission at the six month mark. I am now at the 7 month mark and have been denied, though it would be more profitable for the company.

Note: Co-worker is one of those who used to own the company. His father was a founder of the company. President used to be one of the owners/partners of the company. When the president met me he wanted to know how fast I can type. He "pooh-poohed" that I was working 50 hours a week and had managed to go through a 2 year work related school to get my license in 10 months -- something co-worker has been promising to do for 12 years and has not yet accomplished.

STATE is WA. I am going to speak with an attorney next week.

1.  I have witness evidence, emails, copies of records, etc which corroborate the events. How do I best prove that I was damaged by the events?

2.  I am not sure I want monetary damages (I would rather have Mr. Pres get fired), but I would have to ask for SOME amount. What amount should I ask for?

[socrateaser]

>1.  I have witness evidence, emails, copies of records, etc
>which corroborate the events. How do I best prove that I was
>damaged by the events?

First, you need to establish the legal theory upon which you will sue. Second, you must remember that, in court, it's not what you know to be true that counts, but only what you can actually prove to the court's satisfaction, that matters. What you believe may be good evidence, may in fact, be worthless, and visa versa. That's what attorneys do -- take evidence and attempt to use them to prove a case. So, after you show your attorney your evidence, you will have a better idea of what you can actually prove.

Employment contracts are frequently verbal, sometimes written, and ammeded via company written policy, as well as by management verbal dictate.

If you can PROVE that you were promised something by a specific date, and it was not delivered, and you prove that your continued employment was subject to this understanding, then you could get compensation for the money you didn't receive as a result of the promise. However, every day that you begin work, the very act of your beginning work, absent some written agreement to the contrary, is an assent to the terms of the then-existing employment. So, if on date A you were promised full commision beginning on date B, and when date B arrived, you continued to work until you finally complained on date C, then your act of working on date B was an assent to a new work agreement the terms of which did NOT include full commission.

If you had told your manager on date B, that you would only continue working if you received full commission  commencing immediately, and your manager said "OK, keep working," THEN you would have a contract for full commission. Otherwise you wouldn't and you would have no case.

On the general harrassment issue. If an employer makes your working environment so miserable that "no reasonable person would work under the imposed conditions," AND you quit because of the employer's actions, THEN you have a case for wrongful termination. BUT, if you CONTINUE to work, then it cannot be said that the conditions are too miserable, and once again, you have no legal action.

There is also an action under federal law for sexual discrimination. In order to make such a claim you must show that the actions of another employer created a "hostile sexual environment," such that you were injured (even emotional injury is satisfactory). However, once again, you must do SOMETHING to prove you were injured, like seek psychological therapy or quit your job.

If your facts are sufficient to prove any of these things, then the first thing that I would advise you would be to quit your jub, or threaten to quit unless the issues are resolved in a very specific manner. Otherwise, you're gonna lose your case.

>
>2.  I am not sure I want monetary damages (I would rather have
>Mr. Pres get fired), but I would have to ask for SOME amount.
>What amount should I ask for?

You have a right to out-of-pocket damages, for healthcare related costs, etc. You can request contract damages if you can prove that you were not paid according to the agreed upon employment compensation. Yyou can receive compensatory damages for pain and sufferring for emotional distress, or for physical injury, and if your claim is for a mental or physical injury that was inflicted upon you INTENTIONALLY or with wanton and reckless disregard for your safety, then you can request PUNITIVE damages to discourage future similar actions.

From your facts, I don't know that you can prove any damages -- I can assure you, that if the attorney you meet with doesn't see any damages, he won't take your case.

Time will tell.