Legal Question in Discrimination Law in Florida

I wanted to inquire if thier is alegal recourse to an individual who patronozes a Franchise, and that patron was the rceipient of a vindicitive employee of first being threatened that said employee would arrange things so as to stop me from having access to the franchise, in this case a coffee shop. I was told by this employee that they suffred mental/ emotional problems as a matter of conversation.

Upon finding myslef the target of her disasstisfaction I was accosted and said employee day off with witneses present, and was told that if said employee wanted to do so they could mkae it possible to have me kept away from the premises.

I contacted the corporate offices of the Franchise and made these threats known, and that this individuaL was capable of lieing about circumstances to achieve her threat. I was called back by someone who said they were the manager and I infomed him of her threat to me tht said threat was in the presecence of another patron. He seeemd sincere and said I was welcome to come to the store to read and converse with friends over coffee.

This was June 30 my last visit, and I called corprate July 1, 2011, and wasa called back the same day. I did not retrun to the cofee shop unitl my Birthday, July 13, 2011 and was reading a book outside for about 45 minutes when I patrom arrived. I was talking to him and I was told I had to come in and buy a coffee. I said I was just doing what I talked witht the maneger about which is avoiding the employee who threatened me and I was happy to buy a coffeee, but due to her issues I was not wanting to be the target of any vindicitiveness. He assured me he understood my point and I walked in a purchased a coffe and walked back outside. Within 10 minutes I was approached by Other employee who was obviously angry because I had reported her behavior. I was handed a paper with the number to the same man I spole to origiallly and was told I could not come to the store bvased upon what he was just told by the employee who called him. I had called from my cell phone while I sdpeaker phoine and was immediatly the recipine of anger and when I attempted to defend myself to say that all that wass aid was not true. I had another patron who heard the call and he took my phone and attempted to tell the man I had not done anything wrong. The man would not listen and he said he was the owner and that I had harrased his employee. I had done no such thing, and it was somehow stated that what I said to the young man who came outside as to why I was not wanting to come inside, because I knew this person was trouble, as she had she had told me personally she was abused and had major issues due to childhood abuse at an earlier time because I was kind enought to listen to her. I never spoke to her that day, and if the young man repeated my reasoning I gave to him as to why I was avoiding going inside, it got to her,and I was accused of harassement, and in front of others my Integrity was impugned, and I was basically treated in manner that rude would be a understatement. When the man frealized others were present he said then maybe wait about two or threee weeks and we will see if things get better as he was in a bind.

The only logical conclusiuon is this individual as in the past, engages in histrionic behavior, and must have pumped the other employee to find out what I said... this was then twisted by her, as a way to call her employer and upset him by making the false accusations of which accused. I never spoke to her, or within distance for her to hear me, so it had to be gossip between the two employees. Then she tailored the story to make it appear to her employer that I had upset her in some way by a statemen to the other employtee that was said so as to explain my concerns about her because I knew what she was cappable of, and I was threatened she would in fact make it possible to have me barred. Both episodes were witnessed by another patron.

Does any law fall under this situation. Slander comes to mind, and I wonderd if the Franchisor has a Policyies that govorn how these types of things should be deal with. I waited days from the initial incident wheer i was accosted by this employee who was oof work that day, and her threat was made in front of another patron. She obviously made good on her threat as I was falsy accused of behavior that I can prove never took place. I do not see how gossip from one person to another can be constued as Harasment! This took place in front of others and on my Birthday. To say I was bewildered at the way I was treated is kind, asthe level of humiliation I endured and the attack on my peronal Intregrity was unsubstantiated and the act of a Very vindictive person.

Is thier a way legally to get this dealt with so that I am not in danger of retrobution, but to encougae this manager to deal with it in a rational way, so that I may be able to frequent the coffe shop closes to my home and be free of any attacks toward me or my integrity. Based upon the mangers closing statements I feeel if he was encouraged to deal with the real problem, he would have no issue with me as he origionally said I was welcome to come thier. I a surprised he could not see that this individual was in fact, making good on her origional threat which she was made more detremined to achieve because I called and repoted her threat and the afct that she had told me she had mental issies and I knew what she was capable of, as I have witness her behavior toward others .

Thank you!

James


Asked on 7/14/11, 4:16 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It is not worth the time or mess to deal with this. Report the entire incident to Corporate and then find another coffee shop; there are plenty to choose from. Bring your friends and have them stop going there as well.

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Answered on 7/19/11, 9:03 am


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