I finally quit my Job Everyone says I should sue!

Ok heres the deal I work at Kmart. Yes Kmart im embarrased to say it but ive been there since i am 16. 6 years. I was a frontend Supervisor and then to work in the money room and like 4 months ago the decided the didnt want me in there (we got a new store manager and he doesnt like me because I speak my mind) SO they moved me to Layaway. I feel like such an idiot working in there and they are just really mean to me. So like a month ago This Kid who I went to school with and I were in the Stockroom (all the way in the back of the store and in the basement) and he grabed my arm took me in the corner and started kissing my neck. I said I have to go and Im getting married he said ya key point Getting ure not married yet. I said this is sexual harrasment he said ya but whos gonna believe u? I was finally able to get away and the kid wont even look at me anymore! I dont want to sue him cause Ive know him for a long time and dont want him to get in trouble I know im an idiot!
Then this week The manager started picking on me by telling me I needed to tuck in my shirt. I told them over and over again No. I dont want to I feel uncomfortable cause im fat. They kept pickin on me. Finally they were like put a vest on I said I dont want to I ( they made us go out and buy red shirts and black pants with our own money) I finally agreed to wear a vest and the human resource manager went in the closet and said theres one problem the biggest size we have is large. The store manager looked at me and said really nasty "that wont fit you" no i start hysterical crying cause im so embarrased and the human resource manager said it wont botton ( I have a big chest and need like an XL not a large) Everyone said I should sue for that because thats harrasment!! I put my two weeks in. my last day is nov. 5 but of course they are making my last few days HELL! So what do u guys think do i have a case should I sue!!

Re: I finally quit my Job Everyone says I should sue!

Oh my gosh, I am soooooooo sorry.

I would DEFINITELY look into suing....not only for a hostile work environment, but sexual harassment and I'm sure there are many other reasons.
(OOPS sorry just realized you weren't fired....)

NO one should have to go through what they did to you. How rude, unprofessional and just nasty!

I think the woman was probably threatened by you perhaps. You were there a long time & did speak your mind.

There are so many BETTER jobs out there. Do something YOU enjoy doing.

I know what happened to you is horrible, take a few days or a week off b4 you start looking again for a job. But definitely speak to someone about how you were treated. That is HORRIBLE.

Message edited 10/26/2003 6:41:57 PM.

Re: I finally quit my Job Everyone says I should sue!

I think you made an excellent decision in leaving. You shouldn't have to put up with that BS. With reagrds to a law suit, if you feel you can prove sexual harassment then I say go for it. I know it's a little sticky because you know the person but it really depends on how violated you feel. Hope it works out

Re: I finally quit my Job Everyone says I should sue!

If I were you I would call the central HR office for Kmart or corporate headquarters-- tell them what is going on and maybe they will transfer you to a better store...

You need to report the sexual harassment- no matter if this kid is your friend or not.. it's not acceptable and now he put you in a position that you have to feel bad for doing something wrong that you didn't do- so WHAT if he gets in trouble.

Secondly- the comments about your vest is definately sexual harrassment- so you NEED to speak to a lawyer..

Re: I finally quit my Job Everyone says I should sue!

thats is so horrible!! talk to soemone about suing - definitely look at all your options - also try to call their central hr too and tell them your story.

Re: I finally quit my Job Everyone says I should sue!

I am sorry to read about this. Offering you hugs... Make sure you keep a record of dates if you are going to further with this and write down everything you can remember from that day (s). As Sassy said, try talking to a human resources first. This way you can explain to them what your concerns are and then they and you have proof that you called and tried to resolve this. Good luck! And don't be ashamed of yourself!!!!! You are working and beautiful!!!

Re: I finally quit my Job Everyone says I should sue!

Two things:
The guy that was kissing you - that seems like an assault to me. He doesnt sound like a very good friend at all and you should have notified your managers about it immediately. You still should tell your managers no matter what - but unless he is your supervisor, there doesnt seem to be any sexual harassment here. It seems like a coworker acted extremely inappropriately and assualted you - but since you didnt report him, the company could not do anything about it. Now if you HAD reported it, and the company did not discipline that employee - that would be something to sue about!

The shirt/vest: Kmart and every other company has a right to enforce a dress code. I can understand not feeling comfortable but that does not negate their right to enforce it. You say that you were asked numerous times to follow it and you refused. They tried to accomadate you by giving you a vest so you wouldnt have to tuck in your shirt but they didnt have the right size (ps: there is nothing to be embarassed about not fitting into a certain size). If they had a large and you need an XL and they said it wouldnt fit - they were correct. How is that harassment? Now if they made some negative comment about your size or just consistenly singled you out and made you wear something embarassing when no one else had to - that would be harassment as well.

It sounds like you dont like working there (and im sure there are plenty of reasons you havent mentioned) for very good reason - but i dont think its sexual harassment. Quitting is probably the best thing you could do for your mental well being and im sure you will find a better job with a better environment elsewhere.

PS: Even if you are leaving, definitely speak to corporate HR about the situation there and why you are leaving. They shoud know that the store is being run poorly no matter what and they are losing a good employee because of it.

Re: I finally quit my Job Everyone says I should sue!

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Yes Kmart im embarrased to say it but ive been there since i am 16.

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Re: I finally quit my Job Everyone says I should sue!

you need to contact a lawyer ASAP!!

many hugs to you



and honestly, i would speak to a counselor, what happened to you in the basement was a sexual assalt. you need to report this, if not for yourself, but for the other girls that this loser may try to hurt. best of luck to you.

Re: I finally quit my Job Everyone says I should sue!

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Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

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Re: I finally quit my Job Everyone says I should sue!

I would definitely think about suing. HOwever the thing about tucking the shirt in - the mgr might state you were insubordinate at first about tucking it in. However that doesn't have much to do with them teasing you about your weight and breast size with the vest. That actually is sexual harassment, IMO. What does your FH think? I would definitley talk to a lawyer about your options for suing and if it's worth I don't know about the guy kissing you - can you sue a employer for what another employee did to you - even if they werent managerial?

Sorry that happened to you. Some people are a$$holes. You deserve better =)

Message edited 10/26/2003 9:28:24 PM.

Re: I finally quit my Job Everyone says I should sue!

Thank u ladies so much. I did tell my FH about it and actually I was very afraid that he would really hurt the kid and go to jail so I really begged him to not say anything. He respected me however I can't say that if he sees him he will not say anything. He things I should have (still) say something. He forbid me to work there but I needed that job for my benefits thats the only reason I stayed there for so long. I quit anyway even though I wont have benefits! It has nothing to do with me wanting to sue for being "sue happy" I just feel like the whole vest thing was very rude the way it was handled and what and how it was said, THEY could see I was upset I was hysterical crying for christ sake. I just got doen saying I was fat and thats why I didnt want to tuck in my shirt By them saying the biggest we have is a large and the store manager (who by the way is a man who doesnt like me and I have prrof) To say very nasty And that wont fit you? And the HR manager saying it wont button. First of all did they ask me what size I needed NO!!! They just assumed!!!!!!!!! Would it fit nope I dont think so. But I was still really embarrased! I had wanted to quit and was depressed about being there for a really long time and the embarrasment factor just made it even worse. So whoever said sounds like you didnt want to work there anyway u are absolutly right, Perhaps if someone assumed a large vest would fit u and made u feel fat and really sad u might feel like me....

Message edited 10/26/2003 10:09:17 PM.

Re: I finally quit my Job Everyone says I should sue!

id definately talk to the corporate head...

i had a similar type problem with an old job, filed with the EEOC.. basically they investigated but couldnt do anything cause i didnt have proof(and fellow employees denied what they saw

Re: I finally quit my Job Everyone says I should sue!

I agree 110% with Sonicstef. If they repeatedly asked you to follow a dress code and you refused and then when they tried to enforce it, you are just looking for excuses to not do it, which is totally your choice and I am sure your reasons are valid to you. I worked in retail management for 9 years(I finally left 3 years ago) and the store has the right to enforce its policies, any deviance from following the policies is insubordination and usually an employee is then written up. I am sorry your feelings were hurt, but if you find the companies policies too personally painful to follow then you are making the right decision in not working there. I do not feel you have right to any legal claims, and corporate HR is merely going to enforce the dress code...those things are usually their personal pet peeves since corporate HR is usually the leader of the example with dress code. I have worked for 4 different retailers and they are all like this.

As for the situation with the kid, unfortunately, not bringing this to the attention of management, negates any ability they had to react to this sort of thing. That behavior is inappropriate, but unless you are willing to bring it up, very little can be done for you, IMO.

Re: I finally quit my Job Everyone says I should sue!

Ok while talking to one of my Coworkers today she said you know what the funny thing is the havent once asked me to tuck in my shirt or wear a vest???? Why me and not her? My friend Mike bought his "red" shirts (cause we have to spend our own money on them they dont suply them) and he was written up and told he could not wear them anymore cause they werent the right shade of red????????????????????? Are they for real?

Message edited 10/27/2003 11:21:25 PM.