Legal Question in Employment Law in Pennsylvania

Re: abuse by manager

She has been sexually harassed and discriminated against, and she is entitled to recover--probably more than she would make at Wendy's for a long time. Have her give us a call as soon as possible or e-mail us directly. We will walk her through the process. First, she has to COMPLAIN to human resources, IN WRITING, and has to SAVE A COPY. She can do this via e-mail, letter, or fax, as long as she SAVES A COPY. Then, we will work on getting a few witness statements, and filing a claim in the appropriate state and federal agency to start the process. Feel free to call or e-mail me directly. Also, this would be strictly a contingent fee, which means no fees unless you recover.

-Danny

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Re: abuse by manager

You asked about potentially improper contact by a manager.

Your daughter MUST do three things: first is to specifically tell her manager, privately, that this conduct is inappropriate and will not be tolerated. No joking about it on the manager's part or hers. She must be dead serious. If she wants to write out her statement to him I'd be happy to review it for no charge.

The next part is to document that this conversation took place, preferably in her own journal or diary, but a dated piece of paper is fine. Third, she MUST also write a brief letter (or report to the compliance hotline) to the district manager AND the corporate compliance officer detailing the action and requesting that this matter be documented and dealt with as is appropriate. It doesn't sound like this is a major event yet, but could lead there if not dealt with.

In my opinion, from the information provided, there is no harassment claim available yet. Nor should this be looked on as a lottery moment. It should be looked on as an opportunity for your daughter to assert her rights and understand that no one has the right to abuse her in any manner. The only way to stop this, from happening to her and other women is to not tolerate it.

Once it is documented, if there is any continued conduct or if there is ANY retaliation about reporting this conduct then your daughter needs to speak with an attorney about bringing suit.

There really is no claim unless the conduct was egregious to begin with or there is documentation that this conduct occurred AND the company did not take proper corrective action. (For a first occurrence of minor conduct proper action could include anything from a discussion with the manager to harassment training to termination.)

This is a serious matter that must be dealt with but there is no possibility of recovery at this point in time (and it doesn't sound like that's what you are seeking).

Regards,

Roger