Legal Question in Employment Law in Florida

I work at Applebee's. A fellow employee and her family do not like me. i am 21 year old college student and a single mother. The employees family came in to eat and started calling me very ugly names while screaming at me in front of other customers and employees. I went to my manager in tears and humiliated and asked for help. He said " what do you want me to do?" I asked him to ask them to stop or leave and he refused. The family continued to yell at me. 30 minutes later the employee came in for her shift, found me in the kitchen area, ran up to me and stood an inch from my face and proceeded to threaten me and shout obscenities. I was petrified. My manager did nothing. The next day i filed a formal complaint with my district manager and told her how bad the situation was and that it was on ongoing issue with the other employee and her family. The manager said she would talk to the other employee and handle it. She did not terminate her, she did not write her up or even approach her to repremand her. days went by and managemant continued to schedule us to work together and the employee continued to make indirect threats to me to other employees so i could hear it. I have numerous witnesses. again i went to management and they did nothing but walk me to my car. they refused to do anything to the employee that was harrassing me. Just this past saturday, the family came into my work again and proceeded to call me foul names, slander me to the customers and make threats. There were 8 family members doing this. my on duty manager called the district manager and told her what was happening and she told him to allow the family to sit down and be served even though they were screaming at me and had me backed almost into a wall in tears. I was again humiliated. i walked outside extremely upset that Applebees was allowing this to happen to my again and again. My on duty manager stood in front of me so they would not hit me because everyone standing there said they they were going to attack me. I walked outside and the employee follwed me trying to fight me, then her mother charged at me and again my manager stood in front of me. But not once did they ever ask the family to leave, call the police for my protection or terminate the employee. Today, monday, i was informed the employee was let go but too late after the fact I think. The big area boss came in on sunday to have a meeting with management over the situation. My mom called the police on saturday and the police went to talk to my manager and said they should have called 911 not let them sit down and eat while screaming at me. What can I do? Do I have a case?


Asked on 3/15/10, 5:32 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Sounds like they ended up doing the correct thing by terminating the employee that was the problem. You still have a job and they have removed the probblem. Your complaint is that they were not fast enough. In my opinion, that is not much to build a case on.

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Answered on 3/20/10, 6:48 pm


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