Legal Question in Employment Law in Missouri

Railroaded out of job

A co-worker trashed my cubicle because when she loaded paper

in a plotter, a project of mine printed out first. She used 3 sheets of

plotter paper, 4 ft. wide, 8 ft long displayed in my cubicle. I began

to hyperventalate when I came across this scene.

I reported the incident and was told I was overreacting. I turned in

documentation re: this and other incidents with this coworker & the

manager, who both happen to be lesbians, regarding ongoing

preferential treatment. I was ''shown the door'' refused to leave

and was mandated to therapy. Then they loaded my file with a

written warning, a final warning and a poor review.

Then I resigned because of the toll this abuse was taking on my


How do I communicate in an employment hearing that this firm

railroaded me out of my position and that the documents following

this event were not true.

Asked on 12/21/04, 12:13 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Railroaded out of job

Your is a dificult situation. Missouri is a "At will employment" state. That means people can quit or be let go, and neither owes the other two weeks notice or anything like that. However, an employer can't make employment actions based upon race, religion, sex, etc. Unfortunately, Missouri does not to my knowledge, recognize sexual preference as a criteria, for harassment or hostile work environment.

The question you need to ask is; What would the employer (or boss) have done if it was the lesbian being harrassed by having her cubicle trashed? You did not provide much detail as to what you meant by "trashed my cubicle." Perhaps the average person in your position would not consider it to arise to the level of harassment.

The above general description of your legal position, relates to an action against the employer, for discrimination. It does not sound, under these facts that you have a cause that could successfully get your job back, or get you money from the employer. But, you have provided very limited facts, so I strongly urge you to consult an attorney. very soon, and provide more of the particulars of your situation, before it is too late for you to act.

The information you have rporvided, about teh falsified written warnings, etc. could be good grounds for you to combat any reluctance of the Employer in conceding your right to unemployment compensation until you find other work. But, again, the information provided is limited, so there may be facts I am not now aware of that could prevent you from getting unemployment compensation. It is better to apply now, and preserve yoru rights.

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Answered on 12/22/04, 10:29 am

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