What should I do. ???
Long story short,
A co worker that I never seen before, grabbed me from my throat(jacket collar). Because he thought my world revolves around him. He approached to me once , came up to my face. I step aside (with confused face) and he came back and did that.
Now I went to HR. STRAIGHT AFTER THAT. Now he says he didnt do it..that he grabbed me from shoulder. he is lying about it. What happens next?. If MY EMPLOYER DOESNT FIRE HIM, can I sue my employer??? For not acting accordingly with that situation? What he did was a harrasment according to police report.
This happens every day...
When it comes to caucasian vs latino, black or else.
White ppl usually do not get punish how it suppose to be...even if they commit something serious.
If it was me (hispanic) that grabbed him(a white person). Omg, god forbid. I would get fired right away. Work police says... xxxxxx company doesn't tolerate any type of harrasment. So this is something someone SHOULD get fired...and not suspended!. I'm still waiting for the results and how my workplace and he will handle this. There was a witness but even that witness is protecting him ams lying about it.
2 attorney answers
If you did not give the person permission to put his hands on you, then his conduct is inappropriate whether it is race based or not. It sounds like the company may not follow its own policies on this kind of behavior. The company is not required to terminate the employee but they are required to discipline him/her in some way if they find what you have reported is true. You really should contact an employment attorney in your area for a consultation about your situation. She/he will be able to determine whether you have a claim. I'm sorry you are going through this.
All the best!
NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does NOT provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your case. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal administrative law; professional licenses and permits; education law; employment and labor law; and litigation matters in state and federal courts. Our practice is limited to the States of Oregon and California. If you have a case in any other state we would not be able to assist you. Unless we have a signed written fee agreement you are not my or my firm's client.
You should consult with an attorney to discuss your situation. There are more questions than answers that arise from reading your question. For instance, you mention possible racial bias, that the parties involved are lying, and the police report. An attorney should be able to determine whether there is any possible recourse or possible legal action that you may take against the employer.