Would any of you take legal action?

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I was working as an executive assistant for owner/CEO, but he fired so many people in very short amount of time, that I got worried. Little background about him: he is 68 years old, Never been married, has no kids, no siblings. He has rage/anger issues, lies, is racist, and is very unprofessional. One good thing about him is that he is generous when it comes to pay, and he pays for our lunch. I don’t want to go too much into detail about all the crazy things he has done and his behavior, but I will explain one most recent very unprofessional incident.

He took me and his other employee out for lunch. He was drinking alcohol, and so was the other employee (male). He has done this before when has taken us out to lunch before, so it wasn’t anything new. He also kept pressuring me to order an alcoholic drink, but I don’t like drinking alcoholic beverages ( occasionally will drink wine), so I kept saying no but he kept insisting and told the waiter to bring me a drink (wine). I literally had one tiny sip since he ordered it for me and felt bad if I didn’t even try it. But, that was it. THEN, the other employee had olives with his drink, and he mentioned that he didn’t like olives. So, my boss (previous boss) made a very inappropriate comment about questioning his sex life or something along those lines and then saying ‘you don’t know what olives do for you?’ He meant for male private part. My co worker said ‘no’ and my boss kept going on about it, and then was trying to match me and his other employee up, and said ‘you don’t like him?’ It was very awkward, and this guy was a new employee also. I said ‘I have a boyfriend’, even though I don’t, but just wanted him to stop, and then he asked ‘does he have a big D-***’ … I was so uncomfortable during this whole lunch, and not only because of this, but he kept making comments about certain women who passed by also. He makes mean remarks about some people too. Overall I feel he is a miserable person.

I was looking around for a new job, since I know his past behavior with firing so many people. I had an interview, and planned it during lunch time. He went out to lunch with the other employee and a client, and gave me the key for the office, since they would most likely be longer at lunch than I would. My interview was at 1:00pm, but the location of the interview was nearby and I also got there a bit early. After the interview, I drove straight back to the office but I was stuck in some traffic. However, I still got back to the office in time, and before my boss. My boss came in with the other employee about few minutes after me, and the employee said to me ‘how come you weren’t answering the phone?’ And I said ‘because I just got back from lunch.’ I feel he told the employee to ask me that, because he does that. He even had me ask that employee if he gained weight, and make it seem as if it were really me asking and not saying he wanted to know. Anyway, my boss told me to come to his office. Then he asked me ‘you took a late lunch?’ because normally I would leave at 12:00pm, but I took a lunch at 1:00pm last Friday, and he never told me a set time I had to leave for lunch, he just would tell me ‘you can go to lunch now’ when it was 12:00pm. I figured leaving any time between 12:00pm -1:00pm would be fine. Well, he said ‘we no longer need you’ or something like that. And I wasn’t surprised by this, because he fired so many people that I had a feeling it was coming, due to his sporadic rages, and one of those rages being the day before. So, I said ‘ok’, but asked may I know why, and he got a bit angry and said ‘lunch is between 12:00-1:00pm!’ And stomped his hands on the desk. He said clients were calling, but they could had been calling even when I was on my regular lunch break time… It was only a half hour difference than my usual time. Anyway, I’m fine with it, I didn’t want to work for him anymore anyway, but now I am tight on money.

Also, there was no HR in this office. I am debating if I should take any legal action against him. I normally wouldn’t ever, and just move on. But, I really don’t like how this man treats people. I didn’t even say a lot more about him and how he has treated people and he also talks bad about his previous employees. I don’t even know if I have a case against him, now that I am no longer working there. What would any of you do?
 
If you are really not sure pray about it. I have had a few times were I thought I should but decided its not my way. If you want to do something, just file a complaint with EEOC. Also if unemployment comp is involved, and you are rejected file an appeal with all that transpired. Your behavior was not willful so you will get it.
 
hadulzo said:
If you are really not sure pray about it. I have had a few times were I thought I should but decided its not my way. If you want to do something, just file a complaint with EEOC. Also if unemployment comp is involved, and you are rejected file an appeal with all that transpired. Your behavior was not willful so you will get it.
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Thank you! I didn’t think about unemployment, because I rather just find another job quickly and work. But, I should really look into that. Does unemployment compensation start immediately after I file?
 
hadulzo said:
If you are really not sure pray about it. I have had a few times were I thought I should but decided its not my way. If you want to do something, just file a complaint with EEOC. Also if unemployment comp is involved, and you are rejected file an appeal with all that transpired. Your behavior was not willful so you will get it.
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It seems reasonable to go to the EEOC, if only to find out what your options are and if nothing else to file an official account of working conditions at this business. If he does worse and someone else decides to file a suit later, your account will be there on file. He does not deserve to be protected from the consequences of his abusive habits.
 
EasterJoy said:
It seems reasonable to go to the EEOC, if only to find out what your options are and if nothing else to file an official account of working conditions at this business. If he does worse and someone else decides to file a suit later, your account will be there on file. He does not deserve to be protected from the consequences of his abusive habits.
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He also makes racist comments about African Americans, and one time when he was doing interviews for hiring (Note: he interviews all the candidates but has his other employee with him in the room as well), an African American guy came in the office and he didn’t even meet/interview him… He just had his other employee do the interview with him.

I was doing some research online about him. I found some reviews from previous employees who worked for another company of his, and came across a lawsuit that a previous potential client/entrepreneur had against him; suing this other company of his. But, not sure what I could possibly do with it.
 
HNA444 said:
He also makes racist comments about African Americans, and one time when he was doing interviews for hiring (Note: he interviews all the candidates but has his other employee with him in the room as well), an African American guy came in the office and he didn’t even meet/interview him… He just had his other employee do the interview with him.

I was doing some research online about him. I found some reviews from previous employees who worked for another company of his, and came across a lawsuit that a previous potential client/entrepreneur had against him; suing this other company of his. But, not sure what I could possibly do with it.
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Abusive speech does not necessarily have to be directed at you personally in order to constitute a hostile work environment. The authorities would be very likely to be interested to hear if there was not just hostile speech but actual discrimination based on race. You will want to write down as many details as you can while the incidents are fresh in your mind, including the dates and times (approximate, if that is all you can do) and who else was present.
 
Lawsuits are time consuming and expensive; I’m not sure what you expect tp gain by filing one against this guy. He is obviously a jerk and probably and alcoholic, but suing him is not going to change his behavior. You might have a case against him from the way (and lack of cause) he let you go, but would it really be worth it? Walk away; collect unemployment and devote yourself full time to finding a better job. :flowers:
 
HNA444 said:
Also, there was no HR in this office. I am debating if I should take any legal action against him. I normally wouldn’t ever, and just move on. But, I really don’t like how this man treats people. I didn’t even say a lot more about him and how he has treated people and he also talks bad about his previous employees. I don’t even know if I have a case against him, now that I am no longer working there. What would any of you do?
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What a horrible work environment! I guess the only thing I can say is how much is this guy worth your time vs what he has done? My thought, if what he was doing was creating a toxic environment and saying things that crossed the line/made you uncomfortable, it’s you vs him and you will probably have a hard time getting a concrete case. If he was feeling you up or the like I’d see about taking action, but it seems this is not the case from your description.

Based on your description, I’d let this old man rot in his own cecees pool. He’s probably holding is own business back by his attitudes and probably has a poor circle of friends. He’ll probably going to have some lonely last years of his life. Aside from your temporary loss of pay, it’s a decent job market at the moment and I think leaving this job will be one of the best things that has ever happened to you. I lost one job in my life from a much toned down, but not too much different work environment. This put me on my current 20 year long career path and had me earning about 3 times more after about 5-6 years.🙂
 
Personal opinion, I’d take legal action and go for unemployment. However me sitting here giving advice is easy, going through with it and having to do these things is significantly harder.

I say pray and go with your gut feeling.
 
As far as unemployment goes, in my experience, you don’t get paid for the first 2 weeks. I’d recommend contacting an attorney about the possibility of a class action suit against the man. Let us know what you decide to do. Keeping you in prayer!
 
I probably would not go for a lawsuit - it’s your word against his unless you have others willing to back you up with their own testimony. As for unemployment, be aware that he may challenge your unemployment benefits if he claims you were fired for just cause (missed clients) so you may have to defend yourself to get the benefits. Some states are stricter than others on this point. No matter what, you are probably better off not having to work there anymore.
 
OP with your stress levels as they are now it would be a very unwise thing to do.

But over there you are a much more litigious nation than we are in Ireland; although that seems to be changing.

When I have, if that ever happens, moved, yes there will be legal action against the landlord and agent here but the proof is indisputable and in writing and I will not have to appear in court. My health is too compromised and too fragile and that will be respected

Look after yourself OP, please. That is a very stressful thing to do.
 
I would speak to a lawyer and see what he says. You might well be able to get a first consultation for free.
 
Thank you everyone for all your great advice and (name removed by moderator)ut! You all gave some good and valid points, but I really don’t know what to do. I know I could have a couple previous employees back me up though, if I decided to do anything. Right now I’m just focusing on finding a new job though, because I don’t feel like going through the hassle of unemployment comp. it’s probably a hassle to go against this man also, but I feel someone needs to stand up and do something. Although I don’t even know what would happen. I might ask a lawyer about it and see what they say. Thanks again! Will update if I decide to go against him for sure
 
PacificNorthwes said:
I probably would not go for a lawsuit - it’s your word against his unless you have others willing to back you up with their own testimony. As for unemployment, be aware that he may challenge your unemployment benefits if he claims you were fired for just cause (missed clients) so you may have to defend yourself to get the benefits. Some states are stricter than others on this point. No matter what, you are probably better off not having to work there anymore.
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I would not jump to the conclusion that legal action is pointless unless I’d talked to an attorney or someone at the EEOC. The allegations are not about isolated incidents that occurred in private and were never discussed outside the company as they happened. For instance, it is entirely possible that every employee of the restaurant could hear the rude comments of a drunk boss about his male employer’s private parts. That is the kind of thing that they might easily remember, particularly if the boss regularly annoys that restaurant with his patronage. (I’ll wager he isn’t exactly a gentleman with the wait staff, either.)
 
Ok, so I am definitely going to take some legal action. Because, look at this email he sent me after I emailed him asking if I could pick up my paycheck, because I really need the money and for some reason lately it seems like whenever we get things mailed it takes a week or maybe more sometimes to receive. I initially emailed his accountant, but she never responded back to me so I emailed him. This is what he says to me:

No we are mailing it
Do not contact anyone from my company again
Next week Friday your check will be sent via mail
Any more contact from you I will contact the police
Your taking a late lunch and missed calls cost me over 200k
Which I should file suit against you
We are deducting also any unapproved purchases by you

I have never purchased anything unapproved either, in fact I have done so much running errands for him and driving around that he owes me mileage, but I never wrote it down because I didn’t care. This made me mad. I wrote back "I actually can file a suit against you as well. Thank you.’
 
EasterJoy said:
I would not jump to the conclusion that legal action is pointless unless I’d talked to an attorney or someone at the EEOC. The allegations are not about isolated incidents that occurred in private and were never discussed outside the company as they happened. For instance, it is entirely possible that every employee of the restaurant could hear the rude comments of a drunk boss about his male employer’s private parts. That is the kind of thing that they might easily remember, particularly if the boss regularly annoys that restaurant with his patronage. (I’ll wager he isn’t exactly a gentleman with the wait staff, either.)
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Yes, in fact he did this right in front of the waiter, even was asking inappropriate questions to him.
 
What kind of attorney do I need to contact? And, should I tell them the reason for my call is about unethical work practices or wrongful termination?
 
HNA444 said:
What kind of attorney do I need to contact? And, should I tell them the reason for my call is about unethical work practices or wrongful termination?
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Many State Bar Associations have attorney referral services - you may want to look up your state’s association and see what they tell you.
 
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