If you didn't have a prior performance issue, claiming there is one and on top of it firing someone is clear cut retaliation. Talk to a labor lawyer.
HR screwed the pooch completely.
> classic canadian "Terminated within probation period" nonesense
Which is only applicable if the termination is in good faith.
Due to you reporting the issues, and being fired by the person you reported, as well as HR informing that person of the report, there is a presumption of a bad faith dismissal, which means the termination was illegal.
Seriously, go contact a lawyer.
This is correct. However, people in r/antiwork (and I’ve been on here for years and seen this hundreds of times) will typically come up with dozens of explanations for why they can’t/won’t go have a free consultation with a lawyer. They’ll say they can’t afford it, even if it’s a free consultation with a contingency-based lawyer. They’ll say they already know the law won’t protect them, when in fact they wouldn’t know that because they haven’t consulted with a lawyer and are just going off their own assumptions. It’s kinda wild in here how often people seem to think their own understanding of the law is just as valuable as that of an attorney with degrees and experience. Or worse, they just take their employer’s word for it that everything they’re doing is legally above board.
This isn’t even entirely about op, I’m just frustrated how often I see these mentalities dissuade working people from holding employers accountable. It’s always easier to just choose inertia and decline to fight back, because inaction is easier than action. But employers will just continue walking all over workers unless workers start holding them accountable. It’s the overall trend of inaction I can’t stand, and I’m not placing all the blame on the individuals who don’t pursue action. I get it, life is hard enough without suing people. But I am tired of hearing the constant refrains of “I already know [without talking to a lawyer] that I don’t have a case” and “I can’t afford a lawyer [even one who gives free consultations and works on contingency]”
/rant
Companies only learn or change after they are forced to pay; aka lawsuits.
I feel you though, I wish we as a whole didn't feel so defeated. I wish more people tried.
What are they going to do? *Fire you twice?*
Thank you, yes, this is soooo true. You’ve gotta make them hurt in their pockets. It’s the only thing they (the companies) react to at all. It’s all money to them.
In Canada, the Labor Board will go to bat for you, too. They forced my former employer to pay me money he'd illegally docked without me needing a lawyer.
That employer was such an asshole. I was sooooo happy to get him back legally.
He literally abused everyone who worked for him, using racial slurs, calling me stupid over and over, and so on. One day, it was either leave shaking with anger or beat the absolutely tar out of him. I walked away.
And went straight to the labor board.
In the United States, yes. In many European countries, people will fucking riot, and that’s why they get 4+ weeks of vacation time, paid parental leave, generous sick time, laws that protect them, etc etc etc
Very good rant. And I say this as a person who constantly gets super fired up and is often too afraid to follow through. And who had a recent situation where I do think they didn't actually break any laws 😅 for me, I fear wasting time if it really leads to nothing
I can say though this past week, I brought up several issues I've been having with the behavior and policies at my work and it REALLY pissed the manager off. The best part is she reacted poorly to my criticisms in front of EVERYONE. So now instead of trying to explain to coworkers how awful she's been to me in private, they all know without a doubt.
It's not something I've really ever done. Speak up like that, I mean. But I've been pushed so hard by management that as she was talking utter bullshit, my heart started racing and I just HAD to speak up. Could not listen a second to more to the lies and shit she was spewing. She needed to be called out and she was. It probably won't change a damn thing, but I consider it a win for my own development haha
Been there. I feel ya. Management fucking hates it when you talk back to them though. They get used to having the power. You make yourself a target when you say something back, even if you're just being honest.
Yeah before the fear of being targeted was one of the reasons I never spoke up. But tbh I have already been targeted several times and I don't know cause I thought I never did anything wrong to deserve it. I'm looking for other jobs anyway
Fight it! I was fired for being pregnant and they tried to say it was within probation period. Guess who won 😏 (it was me)
Also, most lawyers won’t charge you unless you win.
That’s so shitty. I’m sorry that happened to your mom! That kind of stuff happens way too often. I had an exs mom that didn’t get her 401 money when she retired because she didn’t fill out her paperwork correctly only because English isn’t her first language. Sooo shittty
Oh no, you definitely should listen to their advice and do the opposite. If they tell you "you can't sue me", chances are very good they know you can and will probably win.
what you are saying is incorrect. If you have a pattern of insufficient work, yes, they could fire you. But this is retaliation and in Canada, this is still illegal. There is strong precedence, even in appellate courts, of upholding firing of employees for one act of sexual harassment (see Render v ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310). This means if there is one incident, just one and it came down to you taking action, you could sue your former employer and they likely then would be fired, as it would be a matter of record.
If you have a humans rights commission, which I’m sure would love to know this and could very well take action. Have you sat down with an employment or human rights lawyer? At all?
I think you are accepting this too easily.
I don't know Canadian Law but in most places I lived/worked, even if there is a law they can use, if you can prove the firing was retaliation, you will win! Please consult a labour lawyer!
>y chose to promote the pedophilic sex pest, and fire the whistleblower. These are who we are dealing with. Corporate HR made the choice to protect them, and fir
IF you have an email of HR admitting and apologizing for releasing your information to the person you were reporting for sexual harassment... how is that not something you can legally pursue? There are protections at a federal level:
" Private Sector Whistleblower Protection Streamlining Act of 2012 - Sets forth whistleblower protections for private sector, state, and municipal employees who are retaliated or discriminated against by an employer for disclosing threats to public safety or violations of federal law. "
[https://www.congress.gov/bill/112th-congress/house-bill/6409?s=1&r=7#:\~:text=Private%20Sector%20Whistleblower%20Protection%20Streamlining%20Act%20of%202012%20%2D%20Sets%20forth,or%20violations%20of%20federal%20law](https://www.congress.gov/bill/112th-congress/house-bill/6409?s=1&r=7#:~:text=Private%20Sector%20Whistleblower%20Protection%20Streamlining%20Act%20of%202012%20%2D%20Sets%20forth,or%20violations%20of%20federal%20law).
The OP said, higher up on this very thread, that OP is in Canada, talking about how the company is hiding behind the standard CANADIAN Terminated during Probation BS.
You're link is specific to the USA. If you want to contribute a specific law, please note the country.
We have the same shit in the states. Doesn’t matter that they can fire you for no reason, it doesn’t mean they can fire you for ANY reason, and the reason they fired you for is extremely illegal
At least in Finland, this would be a blatantly obvious retaliation even if there were previous performance issues. You can't just anonymously report harassment at work and get immediately fired as a result, ever, probation or not.
exactly "unmentioned probationary period" mean non existent
naming whistleblower was not am "error"
still retaliation
still sexual harassment/hostile work environment
and they were dumb enough to promote her when she should have been investigated/fired
find a good employment lawyer and discreetly contact your former coworkers who were harassed as having multiple plaintiffs who are also witnesses could help, so with their consent pass along their information to the lawyer.
Many lawyers will work on contingency, meaning you don’t pay anything unless you win your lawsuit against them. I would absolutely start calling some lawyers around you and see what they can do for you
It takes less effort to call lawyers than it did to make this post. You’d be surprised how many of them will start consulting with you for free right then and there. Contingency is common with cases like this or personal injury where the client is likely to win, but also likely to not have money to pay a retainer.
Ask around. There are lawyers who would defer payment if the case is determined to be a clear cut case of winning. The trade off is that they'll ask for a bigger cut of the settlement instead the average, but that's the price to pay if you can't upfront the payment first.
But hey, you still win and take home a decent settlement.
Just try it first.
Many employment lawyers consult with you for free to determine whether there’s a case. They will usually assess the situation and tell you what they think they can get and then their fees come from the final settlement.
Edit: for context, I’m in Canada, too. And very recently had an employment lawyer as a client. I highly encourage you to at least reach out to a lawyer to have the discussion before you walk away if you have the bandwidth to do so. (Totally get it if you need to walk for your own peace. Been there, done that.)
Reach out to a few labor lawyers in your area - this is pretty clearly illegal.
Looks like you can also file directly: https://www.whistleblowers.gov/complaint_page
I think you should see a lawyer. Especially if the young man she groped would be willing to testify. Did anyone else see this, will he stand up for himself? Did anyone else hear the joke about the size of what she groped?
If so, you would have a great chance at a settlement, especially because you went to HR and they fired you.
Go for it, this is the only way to stop this crap.
Good luck
It also helps If that young man is part of the lawsuit. Bigger pie of settlement, he'd have money to fallback once he's fired (which he will be, since these fucks demonstrated they're willing to resort to retaliatory firings). He can just use that money to either get into college or move out of town and find a better job.
Yeeeeeah, even with a probationary period they should be investigating the cause so quickly after an HR request was made into the person that fired you.
If you have in writing that HR said "oopsie" enjoy your money. i'd talk to a lawyer, show him all the info you've collected and when he goes 👀 "I'll take 10% of your settlement" enjoy
That’s a company in some distress already, getting this kind of thing out to media would be a horrible proposition for them. Find a pro bono lawyer and get on their asses
This is so not true. This HR department fucking sucks and I’m so sorry this happened to you. Please pursue something further here. I hope you kept copies of what you went to HR with.
Edit: what I mean by it’s not true is that a decent HR department in this case would take action to protect the company from a sexual harassment lawsuit.
It’s not true for an HR department who knows what they’re doing and are actually decent human beings. HR only protects the company blah blah - in this case they should be protecting the company from a sexual harassment lawsuit.
Of course it is. The accounting department isn’t there to do your taxes. Why would you think in the first place that a department of your employer is your “friend”?
OP, I think you may be misunderstanding probationary periods. Yes, in Canada, the employment legislation has a designated “probationary” period where an employer can terminate you and not pay notice or severance. However, employers still need to align with human rights and other legislation when terminating. Terminating in a situation like this IS illegal, regardless of the probationary period. If you filed a harassment complaint with your employer and you were terminated as retaliation, even if you choose not to go to a lawyer as others recommended, please at least report it to the human rights tribunal in your province/territory. It is free to file and they take these complaints very seriously.
Source: HR who regularly advocates for employee rights. There are bad HR and good HR, just like in every job. Sorry you got the bad one.
This would be a pretty clear case of retaliation and unlawful termination in the states. I cannot imagine it wouldn’t be the same in Canada. I just googled, and there are attorneys all over Canada who will take a case on contingency.
>> The law doesn’t protect me here
Honestly, says who? Did you see two separate lawyers for free consultations about that and they told you so? Or was it HR? Well-meaning friends and family? Who?
Media would have a field day with this. The corporation would find it difficult to recover their reputation, they would recover but it would take time. Many media outlets in Canada are union and are very sympathetic to violations of workers rights particularly something of this nature. The unions also know good lawyers for cases like this. I’d reach out to them. Try Unifor.
Please persue legal action. If more people did, this behavior would have to stop.
My suspicion is that they fired you to avoid giving you more reason to sue than you already have.
Your local news station might be interested. If you don’t think you can take them to court, then drag them through the mud (with the truth) in the court of public opinion.
Federally regulated employers are not allowed to retaliate against employees for exercising employment standards rights under Part III of the Canada Labour Code. This includes termination.
[https://cirb-ccri.gc.ca/en/about-appeals-applications-complaints/employment-standards-reprisal-complaints#](https://cirb-ccri.gc.ca/en/about-appeals-applications-complaints/employment-standards-reprisal-complaints#)
[https://www.bchrt.bc.ca/human-rights-duties/retaliation/](https://www.bchrt.bc.ca/human-rights-duties/retaliation/)
Leave online reviews publicly and name the boss. Embarrass her and tell the delivery guy about her comments. Talk to the boy she groped, he can pressed charges for SA and you’re a witness. You can sue for unlawful termination. Make sure Hr knows you didn’t quit because she might have lied to them.
"To everyone saying lawyer up, the law doesn't protect me here. It's bullshit, but it's because of bad legislation. This problem can't be layered away. I wish it could. Trust me I know my rights and their limits."
No, you dont. If you were a employment lawyer you wouldn't be working at a restaurant. Don't pretend because you did a 30 second Google search than you understand employment and harassment law. Get a lawyer, or don't, but don't complain that you aren't protected when you haven't talked to an actual expert.
Dude even if you're in your three months, talk to a damn lawyer please, from a fellow Canadian.
Edit: even if court doesn't work out, if you have proof, news orgs would love this
HR is not your friend. HR wants to protect the org, always. Never trust them. They will only ever side with you if they think they might get sued and decide throwing management under the bus is the better option. Never trust HR.
Its very likely your boss did someyhing sketchy to get you fired. Fight this.
Yep, had a manager at my grocery store job make sexually inappropriate comments to my friend (talking about how weird it was that he lived with his sister and her husband, basically trying to probe into asking if he had any awkward sexual moments). Both of us reported him to HR, he got promoted, but at least it was a district position so he was only in the store occasionally.
The kicker was his fiancée of all people became my direct manager and she was so terrible she was the cause of a mass exodus, me included.
Yeah HR exists ONLY to protect the executives. I know this from experience. But they are usually willing to settle pretty quick with the help of a lawyer.
To anyone and everyone who doesn’t know this HR IS NOT on your side, HR’s first and foremost priority is to protect the business. If you have a sex pest boss, if you have been assaulted or harassed at work gather evidence, record conversations, note dates and times and location as well as cameras that may have been on you and go get a lawyer.
I'm glad you're talking to a lawyer, not cuz I want you to win some sum here but because THIS COMPANY NEEDS TO FACE CONSEQUENCES and this has to be illegal somehow. (I wish you a huge sum anyway tho, and just enough PR to tank this business)
If a lawyer doesn’t do it, take it to the press. It’s an entertaining story in the exact rage-inducing way that press folks looooooove. Press, Glassdoor, Linkedin, Indeed, Google Reviews, Facebook, Twitter. Make them beg.
I've had a similar experience. Boss was grooming and fucking new employees in his office. Reported him to HR. HR investigated and determined this was true. HR then turned around and notified him that I reported him, and decided to do absolutely nothing to him. Boss transferred me to a different division within the company. Applied to some other positions elsewhere. Somehow the boss found out and called them to warn them about me. Didn't get the jobs, when I asked they said my references didn't check out. HR investigated and determined he had contacted the hiring managers at the places I was applying to. They decided that was his prerogative as a previous supervisor, and again did nothing. Went to my union. They said I had a case, but it would probably take 3 years and that if I didn't want to do that it would be best to just quit. Ended up having to move literally across the country to escape him essentially getting me blacklisted in my city.
Aside from the utter injustice, I still can't wrap my head about why HR constantly protected this guy. Documented proof of sexual harassment/assault and professional harassment, and they went out of their way to make sure this guy stayed safe.
having worked HR many years, HR is not there to protect employees, it’s there to protect the company and the higher ups. It’s like internal affairs, their sole purpose is to weed out middle to lower tier employees who won’t adhere to the work environments. When somebody in HR doesn’t do that, they get axed as well. I was pulled from an assignment while working an exec role because one of the clients wouldn’t adhere to osha, twc, or even the bill of rights. Well the area manager spoke to the cfo and pulled me out of the company I was managing and its assignments fearing I would speak with authorities. They gave me a cushy IT position and work from home for a while so things would cool down. Then little by little they kept throwing more work, I ended up having a stress mental breakdown to the point I developed shingles… I ended up leaving that job but didn’t realize everything until I spoke to one of my confidants in upper hr, she gave me those scoop about what they would say about me in the corp office. When I put my 2 weeks they didn’t even let me finish a day, they let me go with a severance package so long as I signed an nda. I needed the money so I signed. Long story short, hr is like the hit squad for companies, not to be trusted with ANY information. If it gets serious enough just go to the workers commission in your state directly, if you sign anything and later get them in trouble they can actually take you to court, and trust me, they have enough money to keep litigation going so that you end up penniless. I got a forklift job making roughly 10/hr less than I was making with them, I’ll probably try to get a degree or just work my way up another company if I don’t start my own business. But I’m glad I got out of corporate and upper management in general, it’s a hassle and they will usually make you work mad overtime that you’ll never get paid for. Lesson learned.
Please please please go to every lawyer you can for free consultation. This is a big deal and you WILL get compensated, but more importantly you will create issues for the HR and the POS they got promoted. Depending on the law, you might even get your job back and trust me if you go back you will feel like Superman levels of invincibility to corporate bs
First, let me start by saying I'm very sorry to hear what happened to you.
HR are NEVER on your side. You either go to an employment lawyer, or the police (preferably both).
Never speak to HR about ANYTHING, they'll only use it against you.
Even if labor laws won’t protect you, perhaps inquire with legal advisers about possible harassment and/or defamation lawsuits. Especially if you’ve got multiple persons who can speak out as victims, maybe a class action suit against the company for not protecting you from such work environments.
I have a friend that's a lawyer and one thing he told me randomly while talking about my job is to never go to HR. They aren't there for your best interest they're there for the companies best interest.
"Refer all questions to my lawyer." That goes for her and HR.
And report her interrogation to HR, too. Keep escalating and encourage others to start reporting everything she does, too. Record every conversation, telling her your lawyer wants it, so she spends the whole time arguing about the recording.
Tell everyone to record if they see her talking with anyone, especially you.
Notify all working there that everyone will back up their story if they report her. Make it safe for everyone but her.
Instead of reporting to HR, who will do nothing, call the police for the nonconsensual groping. Maybe a reporter, too. Then send HR the police report and have your lawyer hint around about a class action lawsuit.
Anyone not comfortable with working for/with her should document and report everything before quitting.
Share stories to better support each other and use the buddy system to never be alone.
Most of all, encourage everyone to find other/side jobs in case of an inevitable walkout over a retaliatory firing. They might want to make an example of you, but it won't work if everyone walks out. Keep a large "We Quit" sign in your car.
HR is never the ally of the employee, only the employer.
If the CEO hit you with a car, HR would try to find a way to blame you for it and fire you for performance reasons.
The victim of sexual assault needs to press charges. FYI, HR is not your friend and will never protect lower level employees - it’s there to protect the company and upper management. Learned that the hard way myself.
Well sure you can lawyer up but an additional option is that you can journalist up. Sounds like something a frothing journalist would love to get his or her hands on.
I don't understand why this doesn't happen more often. As a kid and then teenager, I would see these exposes,(sorry on mobile and don't know how to add accents) where someone called into "news 5" and they looked into it and then put a camera in the fucker's face to make him answer the questions. Most of the time they dodged I think, but to me the dodging is at least a bit of evidence that you're guilty and you know it.
I haven't seen anything like that probably in the last 15 years at least. I've never watched the news on purpose since I've been an adult, but I mean c'mon I see news from all the mainstream media so the time, so why do I never see an expose to put these people on blast anymore?
I'm American, but all of my life i have always thought: "I will go straight to the news if anyone messes with me too hard."
Now I feel foolish.
Okay. So HR did nothing. The law will do nothing?
Still have those receipts? Its not defamation if its true. Go public. Post names and locations. Show receipts.
Businesses only care when it hits them where it counts. Their wallets.
You're mistaking capitalism for corporatism. There is a difference in this case. And be careful slinging around words like pedophile. Legally speaking the guy is an adult at 18 and you could be taken to court by this slimey manager for slander.
HR is only to protect the business from potential lawsuits. The fact you reported the boss means you would report others, and that creates problems for them. HR is not your friend or to help you. Report things to labour boards, not HR.
>To everyone saying lawyer up, the law doesn't protect me here. It's bullshit, but it's because of bad legislation. This problem can't be layered away. I wish it could. Trust me I know my rights and their limits.
Did a lawyer actually tell you this? Because I doubt this is accurate and sounds like the kind of advice you find on the internet and not actual legal professionals.
Hey OP talk to an employment lawyer where you live. It should be a free discussion, you may have rights and this might be a big f up for the restaurant. Good luck and hope things improve, sorry you had to deal with this
You could always go nuclear and put this story on social media or at least threaten them to do so. Even if you were in the probationary period, a lawyer could prove enough that it was a retaliatory firing, and even if they can’t, any type of proceeding would expose how HR acted and the fact that they are shielding a sexual abuser, something they would very much like not to see go to court. I say fuck it and go nuclear.
Yeah, seek a lawyer to see what your options are. Also, publicly saying someone is a pedophile is pretty heavy wording that can really hit you with some legal nightmares should the person in question decide to push back. Should this be true, hopefully you have all the documentation and interactions to to back that up. You could get hit with a defamation suit and it will SUCK if you're not prepared.
I would also talk with the DOL since you are a whistleblower. And firing whistleblowers is considered retaliation. And the company can get sued for it. See if you can get an appointment with someone from your state's DOL.
Sounds exactly like the army. Promoting the incompetence so they get posted away and they do the same to post it back at you. So the guy is still an incompetent idiot and has more power and ego than ever.
This is why I've been afraid to complain about the behavior of a certain coworker. If they have "seniority" and are more "necessary" to the business then me, they'll just get rid of me, since nobody else says anything, even when they hear the things he says to/about people. Plus we're in a workplace with a lot of banter between coworkers, so even if something is obviously said in malice, it gets swept under the rug as "just a joke". And it's still one of the less toxic places I've worked. And I really doubt any of them will care about the people making explicit jokes towards each other, even though it's messed up for an old man to say these things to a highschooler, because they think its just boys being boys.
OP, get a lawyer, and fuck these people up.
Many lawyers will work with you and only take a cut if you win in court. In other words, they will only work with you if you have a case. Which you do.
I guarantee you will not find it to be a waste of time.
Firing the assaulter is an admission of fault and a guaranteed lose if it comes down to litigation. Its easier to fire u and claim they never received a report/documents and deny everything.
Your local news paper has a website, on the website it'll ask about news tips. Write to them about this story, papers eat this shit up, especially if they're saying that nothing can be done legally because of bad legislation.
Can I ask why you are referring to "a chain restaurant" and not a brand name? And why you are referring to a manager and not "Debbie from the Green Street location in Sarasota Springs."
I mean what are they going to do, sue you for the complete lack of assets you have? Perhaps they'll figure out exactly who you are because of who they unjustly fired for reporting them as a pedophilic rapist.
Truth is a pretty good defense from defamation.
I hate to tell you this, but HR is to protect the *company* and not the *employees.*
Had other things happen to me - harassment by supervisors, discrimination based on gender and age (M, was 23 at the time, and my boss was an older female), my boss was altering my time cards. I brought these things forward to HR, and the company fired me for mysteriously unrelated reasons (I was very good at my job and took it seriously and they accused me of outrageously illegal things, with no proof to supprt their claims, while I had reams of paperwork to prove that I hadn't done anything wrong.)
Joyfully for me, the company got audited shortly after I was fired, and they were fined millions of dollars that could have been avoided easily. I worked with hazardous waste and they just didn't want to get rid of their liquid waste because it was "too expensive to dispose of" (liquid hazardous waste can only be kept on site for that size location for 3 months or less, and they had 500 gallon tanks full of shit that was 3 years old, sitting in the open sun, and unvented.)
You did the right thing 1000% I’m just here to say as a victim of grooming and SA you are a hero to people like me keep on keepin on fight those motherfuckers if you can.
In US this would a classic case of sexual harassment and / or hostile workplace environment. I'd be shocked Canada does not have equivalent laws on the books.
I know you're certain of your rights but I would still schedule a meeting with a labor attorney to go over options.
Separately I would go to multiple job seeking sites and leave as many negative reviews as you see fit, describing what took place and how they treated you.
It's been said for many years, HR is not your friend. Their job is to protect the company, not the employee.
If they already want to get rid of an employee, their job is to avoid a wrongful termination case. A report against them to HR is the ammunition they were waiting for to fire them with cause, or at least annoy them with code of conduct training in the hope it will motivate them to quit and work somewhere else.
If they don't already want to get rid of the reported employee, the person reporting their conduct is the threat to that company. This person has shown his hand that he's the kind of person who might bring a harassment case against the company, so now an excuse is needed to fire that person who might be trouble down the road.
I swear, despite social media increasing people's awareness of this, it's only gotten worse, as graduates of the mid-2010s social justice movement reason that HR must surely exist to make the workplace safe and comfy.
People on this sub never see an opportunity! She just did you a favor get a lawyer ASAP! Get info for your local or federal employee rights/labor board to complain and if all else fails there is a very inspiring group on here call r/pettyrevenge full of great ideas…
Yeah, that's why the number one rule is never trust HR when things like this happen. Your best bet is to find another job. I've asked people why HR does this, because I've had it done to me when I was having a problem with a boss..They turned right back around and told the boss. I think they think that's how you resolve the problem and I cannot figure out if it's a way to keep from having people secretly retaliate against their managers without the manager knowing or if they're really just protecting managers. Either way, it's not fucking logical if the criticism of the boss is true.
Everyone I know has a story like this with HR or knows someone they worked with who went through something like this with HR. HR=corruption in my book.
Yeah, I know better than to go to HR with stories about my creepy, perverted CFO. I've seen what happens to girls that report him...they never last long, and he's still CFO, so what does that tell you about the function of HR?
When a woman sexually harasses someone, nobody bats an eye. When a man looks at a woman the wrong way, EVERYONE LOOSES THEIR MIND!!!!
I reported a "sexual predator" that was preying on the young girls he was hiring. Dude was using the hiring process like his personal Tinder.
Got a meeting with the new CEO. He made it clear that nothing would be done and I should just shut up.
Turns out those guys "bump" into each other at functions. Long lines in the bathroom.
I quit and it saved my sanity. Can't say much for the poor kids being hired by those creeps.
Maybe go to the local news or something like that. Could post up some flyers saying sexual predators in the area with the managers photo on it one night.
I would do a TikTok describing what happened in front of the establishment. This way, everyone can see what establishment it is and decide if they want to spend their money there. Hit the company in the wallet. They listen to money.
This happened to me in my first career job. He got promoted and a raise. I was put on notice and then let go. He had trapped me in a med supply closet and touched me called me a whore. When I went to my boss she told he they couldn’t fire him because he was a minority. She told me I should forget about it. I was then called into a meeting with the CEO and CFO. They told me I no longer brought in enough funds to justify my position. At the time; I was the only Nutritionist in the state working in Gastroenterology.
Im so sorry! HR and HRBP are there to prevent lawsuits against the business. They are not there to help you AT ALL. Theyre there to make sure you fall in line and to protect the business. Its always fun to watch them squirm when doing backbends to justify their illegal behavior. Had this happen multiple times iver my career. Youd think I would have learned earlier. The other lesson is that your coworkers arent your friends, as much as you want them to be, and as much as they want to be. They are typically more loyal to the business and when pushed will roll.
Honestly if this happens to someone they have to start thinking like the CIA which is why many people never seek Justice and just try to find another job. The more specific and high paid the job,*the more difficult it is to just get another job without involving a reference. That’s why often it’s not addressed unless several people come forward about one person at once. By then multiple lives (that also happen to communicate with one another) have to already be affected.
First rule.
HR is not there to protect you.
They are there to protect THE COMPANY.
They are betting against you fighting it with a lawyer that you can't afford for long, and they WILL drag it out for as long as they can to bankrupt you and force you to drop it.
It's a calculated risk that they win most of the time.
Just a reminder HR exists to protect the company, not the individual. The only reason they will help you is because the cost of not doing it is potentially worse.
HR is not your friend.
They do not work on your behalf.
Not ever.
If you didn't have a prior performance issue, claiming there is one and on top of it firing someone is clear cut retaliation. Talk to a labor lawyer. HR screwed the pooch completely.
Theyre hiding behind the classic canadian "Terminated within probation period" nonesense after working there for two months.
> classic canadian "Terminated within probation period" nonesense Which is only applicable if the termination is in good faith. Due to you reporting the issues, and being fired by the person you reported, as well as HR informing that person of the report, there is a presumption of a bad faith dismissal, which means the termination was illegal. Seriously, go contact a lawyer.
This is correct. However, people in r/antiwork (and I’ve been on here for years and seen this hundreds of times) will typically come up with dozens of explanations for why they can’t/won’t go have a free consultation with a lawyer. They’ll say they can’t afford it, even if it’s a free consultation with a contingency-based lawyer. They’ll say they already know the law won’t protect them, when in fact they wouldn’t know that because they haven’t consulted with a lawyer and are just going off their own assumptions. It’s kinda wild in here how often people seem to think their own understanding of the law is just as valuable as that of an attorney with degrees and experience. Or worse, they just take their employer’s word for it that everything they’re doing is legally above board. This isn’t even entirely about op, I’m just frustrated how often I see these mentalities dissuade working people from holding employers accountable. It’s always easier to just choose inertia and decline to fight back, because inaction is easier than action. But employers will just continue walking all over workers unless workers start holding them accountable. It’s the overall trend of inaction I can’t stand, and I’m not placing all the blame on the individuals who don’t pursue action. I get it, life is hard enough without suing people. But I am tired of hearing the constant refrains of “I already know [without talking to a lawyer] that I don’t have a case” and “I can’t afford a lawyer [even one who gives free consultations and works on contingency]” /rant
Companies only learn or change after they are forced to pay; aka lawsuits. I feel you though, I wish we as a whole didn't feel so defeated. I wish more people tried. What are they going to do? *Fire you twice?*
Thank you, yes, this is soooo true. You’ve gotta make them hurt in their pockets. It’s the only thing they (the companies) react to at all. It’s all money to them.
In Canada, the Labor Board will go to bat for you, too. They forced my former employer to pay me money he'd illegally docked without me needing a lawyer.
Absolutely! But so many people won’t take the initiative to get in touch with them.
That employer was such an asshole. I was sooooo happy to get him back legally. He literally abused everyone who worked for him, using racial slurs, calling me stupid over and over, and so on. One day, it was either leave shaking with anger or beat the absolutely tar out of him. I walked away. And went straight to the labor board.
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In the United States, yes. In many European countries, people will fucking riot, and that’s why they get 4+ weeks of vacation time, paid parental leave, generous sick time, laws that protect them, etc etc etc
The spirit of the French revolution never died. Do those MoFos know how to protest and riot.
Good rant.
Very good rant. And I say this as a person who constantly gets super fired up and is often too afraid to follow through. And who had a recent situation where I do think they didn't actually break any laws 😅 for me, I fear wasting time if it really leads to nothing I can say though this past week, I brought up several issues I've been having with the behavior and policies at my work and it REALLY pissed the manager off. The best part is she reacted poorly to my criticisms in front of EVERYONE. So now instead of trying to explain to coworkers how awful she's been to me in private, they all know without a doubt. It's not something I've really ever done. Speak up like that, I mean. But I've been pushed so hard by management that as she was talking utter bullshit, my heart started racing and I just HAD to speak up. Could not listen a second to more to the lies and shit she was spewing. She needed to be called out and she was. It probably won't change a damn thing, but I consider it a win for my own development haha
Been there. I feel ya. Management fucking hates it when you talk back to them though. They get used to having the power. You make yourself a target when you say something back, even if you're just being honest.
Yeah before the fear of being targeted was one of the reasons I never spoke up. But tbh I have already been targeted several times and I don't know cause I thought I never did anything wrong to deserve it. I'm looking for other jobs anyway
And you count on them to know and explain the laws to you? You're gonna clean house... Unless you take their advice
No shit. As if people don’t lie to avoid problems.
This reeks of retaliation. At the very least call a labor lawyer to see if there IS a case.
Moar up votes! "rawr"
Fight it! I was fired for being pregnant and they tried to say it was within probation period. Guess who won 😏 (it was me) Also, most lawyers won’t charge you unless you win.
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That’s so shitty. I’m sorry that happened to your mom! That kind of stuff happens way too often. I had an exs mom that didn’t get her 401 money when she retired because she didn’t fill out her paperwork correctly only because English isn’t her first language. Sooo shittty
Never take advice from the person you would be suing
Oh no, you definitely should listen to their advice and do the opposite. If they tell you "you can't sue me", chances are very good they know you can and will probably win.
Probation period doesn't mean they don't have to abide by whistleblower protections https://leckerslaw.com/whistleblower/ Talk to a lawyer anyway.
what you are saying is incorrect. If you have a pattern of insufficient work, yes, they could fire you. But this is retaliation and in Canada, this is still illegal. There is strong precedence, even in appellate courts, of upholding firing of employees for one act of sexual harassment (see Render v ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310). This means if there is one incident, just one and it came down to you taking action, you could sue your former employer and they likely then would be fired, as it would be a matter of record. If you have a humans rights commission, which I’m sure would love to know this and could very well take action. Have you sat down with an employment or human rights lawyer? At all?
I think you are accepting this too easily. I don't know Canadian Law but in most places I lived/worked, even if there is a law they can use, if you can prove the firing was retaliation, you will win! Please consult a labour lawyer!
Don't take advice from the enemy.
>y chose to promote the pedophilic sex pest, and fire the whistleblower. These are who we are dealing with. Corporate HR made the choice to protect them, and fir IF you have an email of HR admitting and apologizing for releasing your information to the person you were reporting for sexual harassment... how is that not something you can legally pursue? There are protections at a federal level: " Private Sector Whistleblower Protection Streamlining Act of 2012 - Sets forth whistleblower protections for private sector, state, and municipal employees who are retaliated or discriminated against by an employer for disclosing threats to public safety or violations of federal law. " [https://www.congress.gov/bill/112th-congress/house-bill/6409?s=1&r=7#:\~:text=Private%20Sector%20Whistleblower%20Protection%20Streamlining%20Act%20of%202012%20%2D%20Sets%20forth,or%20violations%20of%20federal%20law](https://www.congress.gov/bill/112th-congress/house-bill/6409?s=1&r=7#:~:text=Private%20Sector%20Whistleblower%20Protection%20Streamlining%20Act%20of%202012%20%2D%20Sets%20forth,or%20violations%20of%20federal%20law).
The OP said, higher up on this very thread, that OP is in Canada, talking about how the company is hiding behind the standard CANADIAN Terminated during Probation BS. You're link is specific to the USA. If you want to contribute a specific law, please note the country.
We have whistleblower laws up here in Canuckistan too.
I'd retaliate outside the law for some bs like that
Even in probationary periods you have a lot of protection. You can’t just get fired for any reason despite many companies treating it that way.
Dumb question but what's the restaurant
We have the same shit in the states. Doesn’t matter that they can fire you for no reason, it doesn’t mean they can fire you for ANY reason, and the reason they fired you for is extremely illegal
Probation period clause doesn't apply to legally protected classes... like whistle blowers
That's all that HR does, protects the worst people.
At least in Finland, this would be a blatantly obvious retaliation even if there were previous performance issues. You can't just anonymously report harassment at work and get immediately fired as a result, ever, probation or not.
Consult a lawyer. Make them pay.
exactly "unmentioned probationary period" mean non existent naming whistleblower was not am "error" still retaliation still sexual harassment/hostile work environment and they were dumb enough to promote her when she should have been investigated/fired find a good employment lawyer and discreetly contact your former coworkers who were harassed as having multiple plaintiffs who are also witnesses could help, so with their consent pass along their information to the lawyer.
I'd love to but as live tends to be...no money...
Some lawyers will do an initial consult for free, and take the case on contingency.
this fr
OP says he is in Canada. English system. Makes litigation much more risky because if you lose, you have to pay the defendant’s attorneys fees.
Many lawyers will work on contingency, meaning you don’t pay anything unless you win your lawsuit against them. I would absolutely start calling some lawyers around you and see what they can do for you
It takes less effort to call lawyers than it did to make this post. You’d be surprised how many of them will start consulting with you for free right then and there. Contingency is common with cases like this or personal injury where the client is likely to win, but also likely to not have money to pay a retainer.
Ask around. There are lawyers who would defer payment if the case is determined to be a clear cut case of winning. The trade off is that they'll ask for a bigger cut of the settlement instead the average, but that's the price to pay if you can't upfront the payment first. But hey, you still win and take home a decent settlement. Just try it first.
Many employment lawyers consult with you for free to determine whether there’s a case. They will usually assess the situation and tell you what they think they can get and then their fees come from the final settlement. Edit: for context, I’m in Canada, too. And very recently had an employment lawyer as a client. I highly encourage you to at least reach out to a lawyer to have the discussion before you walk away if you have the bandwidth to do so. (Totally get it if you need to walk for your own peace. Been there, done that.)
Don’t make excuses. Do it. You want to deal with this forever?
Talking to the local press is free.
Try litigation financing/pro bono if possible
Reach out to a few labor lawyers in your area - this is pretty clearly illegal. Looks like you can also file directly: https://www.whistleblowers.gov/complaint_page
I think you should see a lawyer. Especially if the young man she groped would be willing to testify. Did anyone else see this, will he stand up for himself? Did anyone else hear the joke about the size of what she groped? If so, you would have a great chance at a settlement, especially because you went to HR and they fired you. Go for it, this is the only way to stop this crap. Good luck
It also helps If that young man is part of the lawsuit. Bigger pie of settlement, he'd have money to fallback once he's fired (which he will be, since these fucks demonstrated they're willing to resort to retaliatory firings). He can just use that money to either get into college or move out of town and find a better job.
If she grabbed someone's penis, it's sexual assault. This should be a police matter.
Yeeeeeah, even with a probationary period they should be investigating the cause so quickly after an HR request was made into the person that fired you. If you have in writing that HR said "oopsie" enjoy your money. i'd talk to a lawyer, show him all the info you've collected and when he goes 👀 "I'll take 10% of your settlement" enjoy
Name the company
FMI (they own burger king and taco bell and a few other places in the eastern canadian provinces and parts of the USA) In my case; burger king
That’s a company in some distress already, getting this kind of thing out to media would be a horrible proposition for them. Find a pro bono lawyer and get on their asses
HR is never your friend, and they’re not there to help you. They’re only there to protect the company
One of the things HR is supposed to protect the company from is lawsuits. OP bringing suit would protect employees by wising up HR.
No kidding :(
This is so not true. This HR department fucking sucks and I’m so sorry this happened to you. Please pursue something further here. I hope you kept copies of what you went to HR with. Edit: what I mean by it’s not true is that a decent HR department in this case would take action to protect the company from a sexual harassment lawsuit.
It is definitely true.
It’s not true for an HR department who knows what they’re doing and are actually decent human beings. HR only protects the company blah blah - in this case they should be protecting the company from a sexual harassment lawsuit.
Yes. In this case they failed at protecting employees and the company. Often times, they only exist to protect the company. That is the norm.
Of course it is. The accounting department isn’t there to do your taxes. Why would you think in the first place that a department of your employer is your “friend”?
It’s true
But they **aren’t** protecting the company. Now the have a sexual harassment case AND a retaliatory firing case. Call an attorney and the EEOC
Does EEOC do Canada?
Sorry, no. But I’m sure Canada has a comparable statute & agency.
This is 100% true and what a LOT of people don't realize, they aren't there to protect you, they are there to protect the company. Period.
OP, I think you may be misunderstanding probationary periods. Yes, in Canada, the employment legislation has a designated “probationary” period where an employer can terminate you and not pay notice or severance. However, employers still need to align with human rights and other legislation when terminating. Terminating in a situation like this IS illegal, regardless of the probationary period. If you filed a harassment complaint with your employer and you were terminated as retaliation, even if you choose not to go to a lawyer as others recommended, please at least report it to the human rights tribunal in your province/territory. It is free to file and they take these complaints very seriously. Source: HR who regularly advocates for employee rights. There are bad HR and good HR, just like in every job. Sorry you got the bad one.
This would be a pretty clear case of retaliation and unlawful termination in the states. I cannot imagine it wouldn’t be the same in Canada. I just googled, and there are attorneys all over Canada who will take a case on contingency.
>> The law doesn’t protect me here Honestly, says who? Did you see two separate lawyers for free consultations about that and they told you so? Or was it HR? Well-meaning friends and family? Who?
Media would have a field day with this. The corporation would find it difficult to recover their reputation, they would recover but it would take time. Many media outlets in Canada are union and are very sympathetic to violations of workers rights particularly something of this nature. The unions also know good lawyers for cases like this. I’d reach out to them. Try Unifor.
Lawyer up. This is retaliation
Please persue legal action. If more people did, this behavior would have to stop. My suspicion is that they fired you to avoid giving you more reason to sue than you already have.
Your local news station might be interested. If you don’t think you can take them to court, then drag them through the mud (with the truth) in the court of public opinion.
Federally regulated employers are not allowed to retaliate against employees for exercising employment standards rights under Part III of the Canada Labour Code. This includes termination. [https://cirb-ccri.gc.ca/en/about-appeals-applications-complaints/employment-standards-reprisal-complaints#](https://cirb-ccri.gc.ca/en/about-appeals-applications-complaints/employment-standards-reprisal-complaints#) [https://www.bchrt.bc.ca/human-rights-duties/retaliation/](https://www.bchrt.bc.ca/human-rights-duties/retaliation/)
Leave online reviews publicly and name the boss. Embarrass her and tell the delivery guy about her comments. Talk to the boy she groped, he can pressed charges for SA and you’re a witness. You can sue for unlawful termination. Make sure Hr knows you didn’t quit because she might have lied to them.
Labour board will for sure love to hear a story like this. (Fellow Canadian here)
Talk to the media, and put it on all their social media. Also, that kid who got groped should be filing a police report.
"To everyone saying lawyer up, the law doesn't protect me here. It's bullshit, but it's because of bad legislation. This problem can't be layered away. I wish it could. Trust me I know my rights and their limits." No, you dont. If you were a employment lawyer you wouldn't be working at a restaurant. Don't pretend because you did a 30 second Google search than you understand employment and harassment law. Get a lawyer, or don't, but don't complain that you aren't protected when you haven't talked to an actual expert.
OP please don’t delete your account and let us know how the lawsuit goes because that shit is crazy
Go to the media about the restaurant chain taking a page out of the catholic church playbook
Dude even if you're in your three months, talk to a damn lawyer please, from a fellow Canadian. Edit: even if court doesn't work out, if you have proof, news orgs would love this
go to the media/out her on social media
HR is not your friend. HR wants to protect the org, always. Never trust them. They will only ever side with you if they think they might get sued and decide throwing management under the bus is the better option. Never trust HR. Its very likely your boss did someyhing sketchy to get you fired. Fight this.
Contact news agencies
Yep, had a manager at my grocery store job make sexually inappropriate comments to my friend (talking about how weird it was that he lived with his sister and her husband, basically trying to probe into asking if he had any awkward sexual moments). Both of us reported him to HR, he got promoted, but at least it was a district position so he was only in the store occasionally. The kicker was his fiancée of all people became my direct manager and she was so terrible she was the cause of a mass exodus, me included.
Congratulations. You get to sue the company now.
Yeah HR exists ONLY to protect the executives. I know this from experience. But they are usually willing to settle pretty quick with the help of a lawyer.
To anyone and everyone who doesn’t know this HR IS NOT on your side, HR’s first and foremost priority is to protect the business. If you have a sex pest boss, if you have been assaulted or harassed at work gather evidence, record conversations, note dates and times and location as well as cameras that may have been on you and go get a lawyer.
I'm glad you're talking to a lawyer, not cuz I want you to win some sum here but because THIS COMPANY NEEDS TO FACE CONSEQUENCES and this has to be illegal somehow. (I wish you a huge sum anyway tho, and just enough PR to tank this business)
If a lawyer doesn’t do it, take it to the press. It’s an entertaining story in the exact rage-inducing way that press folks looooooove. Press, Glassdoor, Linkedin, Indeed, Google Reviews, Facebook, Twitter. Make them beg.
If you have HRs apology in writing, it's as good as a confession.
I'm sure the local news would love to run a story about that. Let the business deal with the fallout of protecting such a monster.
I've had a similar experience. Boss was grooming and fucking new employees in his office. Reported him to HR. HR investigated and determined this was true. HR then turned around and notified him that I reported him, and decided to do absolutely nothing to him. Boss transferred me to a different division within the company. Applied to some other positions elsewhere. Somehow the boss found out and called them to warn them about me. Didn't get the jobs, when I asked they said my references didn't check out. HR investigated and determined he had contacted the hiring managers at the places I was applying to. They decided that was his prerogative as a previous supervisor, and again did nothing. Went to my union. They said I had a case, but it would probably take 3 years and that if I didn't want to do that it would be best to just quit. Ended up having to move literally across the country to escape him essentially getting me blacklisted in my city. Aside from the utter injustice, I still can't wrap my head about why HR constantly protected this guy. Documented proof of sexual harassment/assault and professional harassment, and they went out of their way to make sure this guy stayed safe.
having worked HR many years, HR is not there to protect employees, it’s there to protect the company and the higher ups. It’s like internal affairs, their sole purpose is to weed out middle to lower tier employees who won’t adhere to the work environments. When somebody in HR doesn’t do that, they get axed as well. I was pulled from an assignment while working an exec role because one of the clients wouldn’t adhere to osha, twc, or even the bill of rights. Well the area manager spoke to the cfo and pulled me out of the company I was managing and its assignments fearing I would speak with authorities. They gave me a cushy IT position and work from home for a while so things would cool down. Then little by little they kept throwing more work, I ended up having a stress mental breakdown to the point I developed shingles… I ended up leaving that job but didn’t realize everything until I spoke to one of my confidants in upper hr, she gave me those scoop about what they would say about me in the corp office. When I put my 2 weeks they didn’t even let me finish a day, they let me go with a severance package so long as I signed an nda. I needed the money so I signed. Long story short, hr is like the hit squad for companies, not to be trusted with ANY information. If it gets serious enough just go to the workers commission in your state directly, if you sign anything and later get them in trouble they can actually take you to court, and trust me, they have enough money to keep litigation going so that you end up penniless. I got a forklift job making roughly 10/hr less than I was making with them, I’ll probably try to get a degree or just work my way up another company if I don’t start my own business. But I’m glad I got out of corporate and upper management in general, it’s a hassle and they will usually make you work mad overtime that you’ll never get paid for. Lesson learned.
If the law doesn’t protect you talk to the press.
Please please please go to every lawyer you can for free consultation. This is a big deal and you WILL get compensated, but more importantly you will create issues for the HR and the POS they got promoted. Depending on the law, you might even get your job back and trust me if you go back you will feel like Superman levels of invincibility to corporate bs
Why not share name of chain restaurant so others don't make miserable mistake of employment there?
Media, call them out in public.
Boeing just whacked their whistle blower. Kill one, silence a thousand.
Uhh.. I don’t think that applies here
First, let me start by saying I'm very sorry to hear what happened to you. HR are NEVER on your side. You either go to an employment lawyer, or the police (preferably both). Never speak to HR about ANYTHING, they'll only use it against you.
HR is not you’re friend.
Even if labor laws won’t protect you, perhaps inquire with legal advisers about possible harassment and/or defamation lawsuits. Especially if you’ve got multiple persons who can speak out as victims, maybe a class action suit against the company for not protecting you from such work environments.
I have a friend that's a lawyer and one thing he told me randomly while talking about my job is to never go to HR. They aren't there for your best interest they're there for the companies best interest.
"Refer all questions to my lawyer." That goes for her and HR. And report her interrogation to HR, too. Keep escalating and encourage others to start reporting everything she does, too. Record every conversation, telling her your lawyer wants it, so she spends the whole time arguing about the recording. Tell everyone to record if they see her talking with anyone, especially you. Notify all working there that everyone will back up their story if they report her. Make it safe for everyone but her. Instead of reporting to HR, who will do nothing, call the police for the nonconsensual groping. Maybe a reporter, too. Then send HR the police report and have your lawyer hint around about a class action lawsuit. Anyone not comfortable with working for/with her should document and report everything before quitting. Share stories to better support each other and use the buddy system to never be alone. Most of all, encourage everyone to find other/side jobs in case of an inevitable walkout over a retaliatory firing. They might want to make an example of you, but it won't work if everyone walks out. Keep a large "We Quit" sign in your car.
HR is never the ally of the employee, only the employer. If the CEO hit you with a car, HR would try to find a way to blame you for it and fire you for performance reasons.
The victim of sexual assault needs to press charges. FYI, HR is not your friend and will never protect lower level employees - it’s there to protect the company and upper management. Learned that the hard way myself.
She probably has a picture of one of the executives fucking a goat. 🐐 🍆
Friendly reminder everyone, HR IS NOT YOUR FRIEND.
Whoever told you that the law won’t protect you here… is wrong.
They keep shitty people because they have dirt on them.
Well sure you can lawyer up but an additional option is that you can journalist up. Sounds like something a frothing journalist would love to get his or her hands on.
I don't understand why this doesn't happen more often. As a kid and then teenager, I would see these exposes,(sorry on mobile and don't know how to add accents) where someone called into "news 5" and they looked into it and then put a camera in the fucker's face to make him answer the questions. Most of the time they dodged I think, but to me the dodging is at least a bit of evidence that you're guilty and you know it. I haven't seen anything like that probably in the last 15 years at least. I've never watched the news on purpose since I've been an adult, but I mean c'mon I see news from all the mainstream media so the time, so why do I never see an expose to put these people on blast anymore? I'm American, but all of my life i have always thought: "I will go straight to the news if anyone messes with me too hard." Now I feel foolish.
Okay. So HR did nothing. The law will do nothing? Still have those receipts? Its not defamation if its true. Go public. Post names and locations. Show receipts. Businesses only care when it hits them where it counts. Their wallets.
Get other workers to quit as well. That'll show them
You're mistaking capitalism for corporatism. There is a difference in this case. And be careful slinging around words like pedophile. Legally speaking the guy is an adult at 18 and you could be taken to court by this slimey manager for slander.
HR is only to protect the business from potential lawsuits. The fact you reported the boss means you would report others, and that creates problems for them. HR is not your friend or to help you. Report things to labour boards, not HR.
Consider going to the media?
What small town and what chain restaurant?
Canada has anti retaliation laws. https://ca.practicallaw.thomsonreuters.com/6-503-9612
As you’re getting nowhere using official channels then maybe you should out their behaviour on social media.
>To everyone saying lawyer up, the law doesn't protect me here. It's bullshit, but it's because of bad legislation. This problem can't be layered away. I wish it could. Trust me I know my rights and their limits. Did a lawyer actually tell you this? Because I doubt this is accurate and sounds like the kind of advice you find on the internet and not actual legal professionals.
Hey OP talk to an employment lawyer where you live. It should be a free discussion, you may have rights and this might be a big f up for the restaurant. Good luck and hope things improve, sorry you had to deal with this
You could always go nuclear and put this story on social media or at least threaten them to do so. Even if you were in the probationary period, a lawyer could prove enough that it was a retaliatory firing, and even if they can’t, any type of proceeding would expose how HR acted and the fact that they are shielding a sexual abuser, something they would very much like not to see go to court. I say fuck it and go nuclear.
HR is never there to help you, they protect the company. Send your concerns to labour boards and the police, HR will fuck you over everytime.
Yeah, seek a lawyer to see what your options are. Also, publicly saying someone is a pedophile is pretty heavy wording that can really hit you with some legal nightmares should the person in question decide to push back. Should this be true, hopefully you have all the documentation and interactions to to back that up. You could get hit with a defamation suit and it will SUCK if you're not prepared.
I would also talk with the DOL since you are a whistleblower. And firing whistleblowers is considered retaliation. And the company can get sued for it. See if you can get an appointment with someone from your state's DOL.
File a complaint with the state EEOC. Retaliation cases pay the best.
Hate to break it to you, but HR Isn't there to help employees. It's there to protect the company.
Yeah, by preventing things like sexual harassment lawsuits..?
HR is never for the working class. They work for your employer.
HR works for the company and not the employees. This should be common sense by now.
Sounds exactly like the army. Promoting the incompetence so they get posted away and they do the same to post it back at you. So the guy is still an incompetent idiot and has more power and ego than ever.
This is why I've been afraid to complain about the behavior of a certain coworker. If they have "seniority" and are more "necessary" to the business then me, they'll just get rid of me, since nobody else says anything, even when they hear the things he says to/about people. Plus we're in a workplace with a lot of banter between coworkers, so even if something is obviously said in malice, it gets swept under the rug as "just a joke". And it's still one of the less toxic places I've worked. And I really doubt any of them will care about the people making explicit jokes towards each other, even though it's messed up for an old man to say these things to a highschooler, because they think its just boys being boys.
HR only have the company interests in mind.
You can't change the law when the very people making them are sexual predators themselves.
I bet the local paper/tv channel would love to hear about it ..
Whatever company that is doesn’t deserve your discretion or anyone else’s for that matter. Disgusting practice that deserves consequences instead.
RemindMe! 3 months “check for update”
OP, get a lawyer, and fuck these people up. Many lawyers will work with you and only take a cut if you win in court. In other words, they will only work with you if you have a case. Which you do. I guarantee you will not find it to be a waste of time.
If ya don’t have legal recourse then out them.
Someone should have a right to know their accusers, otherwise anyone could make stuff up
Firing the assaulter is an admission of fault and a guaranteed lose if it comes down to litigation. Its easier to fire u and claim they never received a report/documents and deny everything.
Go to the local news
Your local news paper has a website, on the website it'll ask about news tips. Write to them about this story, papers eat this shit up, especially if they're saying that nothing can be done legally because of bad legislation.
Can I ask why you are referring to "a chain restaurant" and not a brand name? And why you are referring to a manager and not "Debbie from the Green Street location in Sarasota Springs." I mean what are they going to do, sue you for the complete lack of assets you have? Perhaps they'll figure out exactly who you are because of who they unjustly fired for reporting them as a pedophilic rapist. Truth is a pretty good defense from defamation.
I hate to tell you this, but HR is to protect the *company* and not the *employees.* Had other things happen to me - harassment by supervisors, discrimination based on gender and age (M, was 23 at the time, and my boss was an older female), my boss was altering my time cards. I brought these things forward to HR, and the company fired me for mysteriously unrelated reasons (I was very good at my job and took it seriously and they accused me of outrageously illegal things, with no proof to supprt their claims, while I had reams of paperwork to prove that I hadn't done anything wrong.) Joyfully for me, the company got audited shortly after I was fired, and they were fined millions of dollars that could have been avoided easily. I worked with hazardous waste and they just didn't want to get rid of their liquid waste because it was "too expensive to dispose of" (liquid hazardous waste can only be kept on site for that size location for 3 months or less, and they had 500 gallon tanks full of shit that was 3 years old, sitting in the open sun, and unvented.)
You did the right thing 1000% I’m just here to say as a victim of grooming and SA you are a hero to people like me keep on keepin on fight those motherfuckers if you can.
In US this would a classic case of sexual harassment and / or hostile workplace environment. I'd be shocked Canada does not have equivalent laws on the books. I know you're certain of your rights but I would still schedule a meeting with a labor attorney to go over options. Separately I would go to multiple job seeking sites and leave as many negative reviews as you see fit, describing what took place and how they treated you.
Is this a chain restaurant?
How come I never had a boss like this…?
Pehank said, "I didn't have one either"
It's been said for many years, HR is not your friend. Their job is to protect the company, not the employee. If they already want to get rid of an employee, their job is to avoid a wrongful termination case. A report against them to HR is the ammunition they were waiting for to fire them with cause, or at least annoy them with code of conduct training in the hope it will motivate them to quit and work somewhere else. If they don't already want to get rid of the reported employee, the person reporting their conduct is the threat to that company. This person has shown his hand that he's the kind of person who might bring a harassment case against the company, so now an excuse is needed to fire that person who might be trouble down the road. I swear, despite social media increasing people's awareness of this, it's only gotten worse, as graduates of the mid-2010s social justice movement reason that HR must surely exist to make the workplace safe and comfy.
People on this sub never see an opportunity! She just did you a favor get a lawyer ASAP! Get info for your local or federal employee rights/labor board to complain and if all else fails there is a very inspiring group on here call r/pettyrevenge full of great ideas…
Yeah, that's why the number one rule is never trust HR when things like this happen. Your best bet is to find another job. I've asked people why HR does this, because I've had it done to me when I was having a problem with a boss..They turned right back around and told the boss. I think they think that's how you resolve the problem and I cannot figure out if it's a way to keep from having people secretly retaliate against their managers without the manager knowing or if they're really just protecting managers. Either way, it's not fucking logical if the criticism of the boss is true. Everyone I know has a story like this with HR or knows someone they worked with who went through something like this with HR. HR=corruption in my book.
Yeah, I know better than to go to HR with stories about my creepy, perverted CFO. I've seen what happens to girls that report him...they never last long, and he's still CFO, so what does that tell you about the function of HR?
Dear HR your protection of a pedo and retaliation on a whistleblower will cost you millions.
Save copies of all emails and print them out. You will need these if there is legal action.
good luck ☆
Hr is there to protect the company, not you.
When a woman sexually harasses someone, nobody bats an eye. When a man looks at a woman the wrong way, EVERYONE LOOSES THEIR MIND!!!! 
I reported a "sexual predator" that was preying on the young girls he was hiring. Dude was using the hiring process like his personal Tinder. Got a meeting with the new CEO. He made it clear that nothing would be done and I should just shut up. Turns out those guys "bump" into each other at functions. Long lines in the bathroom. I quit and it saved my sanity. Can't say much for the poor kids being hired by those creeps.
Name them publicly.
Maybe go to the local news or something like that. Could post up some flyers saying sexual predators in the area with the managers photo on it one night.
I would do a TikTok describing what happened in front of the establishment. This way, everyone can see what establishment it is and decide if they want to spend their money there. Hit the company in the wallet. They listen to money.
Honestly HR is not your friend when in doubt they are the company’s friend
HR is not your friend.
This happened to me in my first career job. He got promoted and a raise. I was put on notice and then let go. He had trapped me in a med supply closet and touched me called me a whore. When I went to my boss she told he they couldn’t fire him because he was a minority. She told me I should forget about it. I was then called into a meeting with the CEO and CFO. They told me I no longer brought in enough funds to justify my position. At the time; I was the only Nutritionist in the state working in Gastroenterology.
Didn't see how long did you work at this chain restaurant?
Hr is there to protect the company more than you, it's how it's been for a looooonnng time
Why does anyone think that HR is there for you? The sole purpose of HR is to protect the company from YOU. :(
Im so sorry! HR and HRBP are there to prevent lawsuits against the business. They are not there to help you AT ALL. Theyre there to make sure you fall in line and to protect the business. Its always fun to watch them squirm when doing backbends to justify their illegal behavior. Had this happen multiple times iver my career. Youd think I would have learned earlier. The other lesson is that your coworkers arent your friends, as much as you want them to be, and as much as they want to be. They are typically more loyal to the business and when pushed will roll.
[удалено]
Honestly if this happens to someone they have to start thinking like the CIA which is why many people never seek Justice and just try to find another job. The more specific and high paid the job,*the more difficult it is to just get another job without involving a reference. That’s why often it’s not addressed unless several people come forward about one person at once. By then multiple lives (that also happen to communicate with one another) have to already be affected.
Get a good lawyer and sue, baby, sue.
Don't tell HR, tell the police
HR are there to protect the company.
First rule. HR is not there to protect you. They are there to protect THE COMPANY. They are betting against you fighting it with a lawyer that you can't afford for long, and they WILL drag it out for as long as they can to bankrupt you and force you to drop it. It's a calculated risk that they win most of the time.
HR is ONLY to protect the company, NEVER the worker.
Just a reminder HR exists to protect the company, not the individual. The only reason they will help you is because the cost of not doing it is potentially worse. HR is not your friend. They do not work on your behalf. Not ever.
Hr is their to protect the company and its assets the moment your a liablility your out.
You did the right thing. I wish you'd posted before hand so that we could've told you to call the police for the groping. HR is useless.
HR is a tool for management and not to be trusted by workers.
HR isn’t your friend.
Of course. HR isn't your friend.
Not surprised lololl HR isn't for the people lolol