Retaliation for whistleblowing?
Is this retaliation? I think so but do you?
Thanks for our help
David
On June 12, during a staff meeting with the following
employees in attendance (names, myself and
Company Exec), we witnessed Company Exec, make two
racially and sexually harrassing comments:
1.) When discussing Mexican food, Company Exec made a hand motion of
quotes while saying “I don’t mean to say this any other way but
Mexican Food…” He said
this while looking at the Mexican employee who looked away.
2.) Later in the meeting Company Exec makes a sexist comment about the
way female coworker walked out of the room. As female coworker exited the room, Company Exec
watched her walk out and said “well it seems all her parts are working
just fine” while leering at her body.
After this meeting, my former colleague “Mike” (a fellow manager) and I spoke without
Company Exec present and both of us agreed that the behavior, comments and
looks from Company Exec were racially and sexually inappropriate for the
workplace. I then went to my supervisor (VP) and
alerted him verbally to the inappropriate behavior. At no time did I
receive any indication that anything had been done with my information
and that Company Exec had been reprimanded.
On June 15, 2008, I documented in a powerpoint presentation that I
delivered to my supervisor (VP) and colleague (“Mike” – fellow manager) that Company Name had HR related issues and I wrote I had
“Some concerns over insensitive comments I heard. Let’s discuss.
Need some HR training and management attention to this issue before it
becomes more serious.” I was worried about what would happen to me if
I documented that Company Exec had made racially and sexually
harrassing comments and gestures in front of myself and the
team as I was “the new guy” and did not want to be make waves by
whistleblowing a senior executive of the Company. As such, I
used vague language in the PowerPoint presentation.
I would have taken this issue to HR as well however the company’s
head of HR had just separated employment and there was no one in HR
that I was aware of anymore. The only person I knew was the person
that was responsible for recruiting and I didn’t feel he was the
correct person. At the same time, I felt
that my supervisor (a VP) would be sufficient in raising my concerns
and correcting the problems.
On June 22, 2008, I was in a room with another colleague let’s call him “Joe” (who reports to
the before mentioned Company Exec), other hourly associates and a new
applicant for an open position. During the time the applicant was
waiting for her interview, I observed “Joe” make inappropriate facial
and body gestures (waving arms and saying “wow she’s hot” under his
breath) towards the applicant. I immediately signaled to “Joe” to
stop. I then took “Joe” aside in the kitchen and reprimanded him for
making sexually inappropriate comments. Since “Joe” reports to Company Exec, I felt that Company Exec may have previously signaled by his words and
actions that sexually harrassing behavior was acceptable however I
would not allow that behavior. As we ended the conversation I tapped
“Joe” on the head to get him to use his head. “Joe” and I then
concluded the conversation in a joking/laughing mood. This
conversation took place in public space and the conversation was
witnessed by a couple of hourly employees and “Mike” (the
manager).
On June 23, 2008 “Mike” and my supervisor (VP) bring me into a meeting room to question me about the
events concerning “Joe” and I was released from employment
for creating a hostile work environment. Offcially, I was terminated
for causing a hostile work environment by “striking Joe”. This was
the terminology that my supervisor gave me.
In the elevator ride down “Mike” (manager) commented that he did not
expect that I would be let go and expressed surprise that I was
terminated. Keep in mind “Mike” witnessed the conversation between me
and “Joe” and he was shocked that I was terminated. Clearly I was not
causing a hostile work environment from “Mike” the manager’s view.
I then called “Joe” himself and he to could not believe that
I was terminated. He told me that he had been questioned about the
event and he made clear that “he did not feel threatened” by my tap on
his head that he told the people questioning him that we had “only
been joking”. Note that I had no knowledge of any of this and “Joe”
told me this after I had been terminated.
I requested a discussion with HR and also my VP and “Joe” to discuss my termination but repeated voicemails and emails were ignored with no response at all from Company Name. Not one single response.
At first, I simply thought that Company Name had an overblown
reaction since even “Joe” indicated that we were both joking and the
tap on his head gesture was funny and not harmful. Upon reflection, I
now see the termination for what it trul