sexual harassment?!?! « I Hate Starbucks

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sexual harassment?!?!

(26 posts) (16 voices)

Started 4 years ago by anonymousangelfish
Latest reply from mochajokalatte

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Fired

anonymousangelfish

Member
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Sooo... First post on here.

I was hired on to starbucks a few months ago. I was told I would get 20 hours a week and recieve my benefits after a few months. A few weeks ago my hours were cut (as were everyones) because the manager was supposedly working barista hours so they wouldn't have to pay actual baristas. So I no longer was making my 20 hours a week (which I need to get insurance) I then picked up hours at another starbucks to make my 20 hours.

My husband and I were planning on moving in august and I let the manager know that I may be leaving sometime in august.

I am a happily married woman with a child and have no desire to pursue ANYONE else. Keep this in mind please.

A couple of weeks ago a fellow employee was talking about how awful her boyfriend treats her and what a jerk he is (which happens at least once a week). So casually I mentioned that I had been in a relationship with another woman in my past and how different it was from being with a man. I told her that since men were obviously being lousy partners that maybe she should try dating women. I did not HOWEVER say that she should, in any way, go out with me or make ANY sort of sexual advance. She said maybe and added a few other jokes.

The same girl had mentioned how she needed more hours and was asking around for someone to loan her money at work.

So today I went in to work my shift and she was there. Nice as pie as if nothing was wrong. The manager then wanted to talk to me.

He told me that I was being "terminated" for SEXUAL HARASSMENT! WTF!
Apparently I had made a sexual advance by telling her that women may have something better to offer than her **** boyfriend. Also, a shift had stated that she was uncomfortable by my staring at the barista.

This is the BIGGEST load of horse **** I have ever heard. Those two girls say more innapropriate things than I have ever even come close to. The shift who lied about the staring lets another shift slap her **** while they're working the bar!

I never once stared at her. I never did any of the things stated under the sexual harassment policy in the workbook. NEVER. I am the last person in the world anyone would suspect to get fired for sexual harassment. This is completely rediculous. I'm not really sure where I should start as far as legal action but this is definately one for the lawyer.

Just a bit of a coincidence that the girl who reported me was short on hours, I was two days away from getting insurance, and they knew I was leaving anyway. Just a bit.

Anyone else have something similar happen? LOVE to hear it.

Posted 4 years ago #
grandma

Member
Internets:171

If there was no HR investigation you need to call your HR person today!!I think they call them Partner Resources now. If they won't do anything call or Email HR in Seattle. Compliance hotline also. They need a full investigation first. Also see how many of the partners at your store you can get to vouch for you and if anyone you can trust has heard anything. Good luck. Might try an atty. but they are reluctant to take cases without up front money. Have you got a friend who might know an atty. who would be willing to as for a copy of your file for you? The name on letterhead might just scare the hell out of them.

Posted 4 years ago #
Perfectionist

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Honestly what you did IS sexual harrassment in today's world. Even if she didn't complain, a manager will still fire you because it's a liability for them to have you around.

Posted 4 years ago #
anonymousangelfish

Member
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I just filed a report with the employee conduct hotline. I filed it against the store manager and the barista who complained.

Perfectionist- I looked in the starbucks employee manual and nothing that I did classifies as sexual harassment. Leering is mentioned, but anyone, besides the one supervisor who completely made up the whole staring thing, will vouch that I never stared and certainly never leered at her.

I was discriminated against. Other baristas and supervisors touch each other, slap each others ****, say sexual comments to each other and then laugh about it! That is including the said barista and manager. My case was handled differently. I think it freaked out the homophobic supervisor that I said I had dated a girl before.

Anyway I talked to a lawyer today and he told me all the appropriate steps to take before we file a suit. He said this was a major mistake on their part. I definately agree. Plus I won't have to pay him because he's my stepfather!! Muahahaha. :)

Posted 4 years ago #
skinaman-dolce

Member
Internets:43

its too personal ... it doesnt matter if you dont think you were trying to sexually harrass her, or if your SS is a homophobe, if SHE thought so , then it was!

Besides, what if there were little kids or grammas in the store and overheard you talking about that stuff? i know as a parent be PIIISSSSSED

Seems to me like if you had been cleaning or engaging customers you wouldnt have had time to stand around staring or talking about your past liasons, and would still have a job!

a job that you were getting ready to leave?!

i dont get u lady sorry

its a good thing your stepdad doesnt expect to get paid cuz i would be VERY suprised if anything came of it, but good luck with all that?

Posted 4 years ago #
anonymousangelfish

Member
Internets:11

wow. thanks for the motivation skinaman. you shouldn't be posting on ihatestarbucks unless you really do.

what a jerk you are! i feel sorry for people like you. go elsewhere if you want to put people down.

this is a blog to help people vent about starbucks when they have been done wrong. not a blog for people to come and put other people down when they are looking for support.

I got a second opinion by the way. from another lawyer who specializes in this type of thing. in the consultation he said we should be good to go with a strong case. go brush up on your legal knowledge homophobe.

Posted 4 years ago #
tiredbarista

Member
Internets:128

Some people at work are like made of glass...we made very graphic racist/sexual jokes all the time at work....what is life if you can't express yourself...I had "Christian" supervisors degrade Jews and what not, and nobody cared.

You are supposed to get a pretty fair warning about your behavior before you are fired or suspended. You can't be fired for one conversation.

Harassment is INTENTIONAL harm, which goes on for a long time.

I'm not prohomosexual, but I'd love to see someone sue this company, **** **** ****

Posted 4 years ago #
skinaman-dolce

Member
Internets:43

im a jerk because i dont agree with a person who posts on a public forum?

wow... ya feel sorry for me fish... go right ahead

Posted 4 years ago #
Just_Say_No

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tbh fish... ummm, i'll put it this way... what they did was backstabbing... it wasn't nice and yeah they are jerks.

And I am not saying what you did was sexual harassment, or mean, or anything like that. But you made a stupid mistake and now you are paying for it. Hours were obviously tight at that store, obviously they already didn't like you, and you gave them an excuse. Don't get me wrong, I hope you can give them some legal pain and scare them a bit for it.

But maybe in the future you will be smarter about holding your tongue. The walls have eyes and ears and especially when you are new and not well liked and their are people competing for hours, it is hard to know who to trust. Especially in such a close knit place where people have complicated and intense relationships before you get their and tensions run high. People will sell each other out for almost anything.

Be more careful next time... especially with people who probably don't like and just pretend to like you. Their are backstabbers everywhere.

Posted 4 years ago #
tiredbarista

Member
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But fish is right! Starbucks can't legally fire her for this. When you are fired it has to be under certain circumstances, and only those circumstances. Otherwise, technically, you do have a lawsuit.

Posted 4 years ago #
theoneyoulovetohatexo

Member
Internets:490

why is skinamin-dolce a homophobe for not agreeing with you? maybe you should brush up on your definition of homophobe...

makes me wonder. did your manager really fire you because she is a homophobe [based on your definition, who knows] and didn't like you? -- or -- did you really sexually harass that girl [obviously definitions twisted with you, so maybe you did] and that is why you got the axe? hmm.

whatever. i'm probably a homophobe now, too. some people are going to have a difference in opinion. you can't be throwing that word around just because they don't agree with you. so what. you're gay/bi-sexual. they probably don't even care. maybe you just made the girl uncomfortable and maybe in her eyes it was sexual harrassment. she may have tried to play it off in the moment, but it really bothered her. there are 2 sides to every story.. and we only have one.

Posted 4 years ago #
anonymousangelfish

Member
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theone- Well if you actually read the previous post from skin you would see that if she would have overheard me talking about same sex relations she would "be PIIISSSSSED". THAT is why I called her a homophobe, not because she disagreed with me. Now if myself or my child WAS to overhear two baristas talking in the EMPLOYEE ONLY SECTION OF STARBUCKS I would be extremely surprised. Also, if my daughter asked me about a comment she overheard about same sex relationships I would gladly inform her about it. It is something real and I am not a close minded mother who trys to pretend gays, lesbians, and bisexuals don't exist. Besides whether you like it or not your child is going to hear about it somewhere at sometime in her life. theone, you shouldn't call yourself a homophobe for having an opinion on the matter. However, it was a bit childish for you to say "i'm probably a homophobe now, too" because you said something I did not agree with. Your comment had no relation to homophobia.

Oh and FYI I was quite certain there were no customers to engage and I was already busy doing dishes. If anyone was "standing around staring or talking" it was her. It was her who was too busy boohooing over her abusive, drug dealing boyfriend (which I personally was tired of hearing about).

Just- I really thank you for your input. I absolutely agree with you on this one. I probably should have been more careful. I should have realized that they could make sexual comments to each other and it was okay because they liked each other. I probably also should have realized that there ARE people who are uncomfortable with same sex relationships. I trusted them which is a first class no-no with a large amount of people in this world. I WAS backstabbed you are right. I also admit to being stupid for thinking someone could handle hearing about the existence of another sexual orientation (especially in the workplace). In the future I probably won't talk about much at all with fellow employees. This was enough of an example that you should'nt engage is non-work related conversation- because ANYTHING taken out of context is ammunition for "termination".

tired- thanks for your input as well. At least you acknowlege homosexuality, voice your opinion about it, and show respect for those who are homosexual. I totally respect that.

Posted 4 years ago #
skinaman-dolce

Member
Internets:43

FYI I firmly believe that anyone would agree, being offended by inappropriate sexual discussions in public does not a homophobe make. Of course I want my children to learn to respect people of different sexual orientations, But it is my right and responsibility as a parent to talk about sex and adult situations with my kids under my own terms, not over hot chocolate on moms day out!

That kind of talk belongs at the bar, not in public or at work. If you had that conversation with your coworker outside of work , you wouldn't be dealing with any of this ****!

Look, I apologize if my original post seemed harsh but I was just trying to be honest with you, and give you dose of reality.

Don't you realize that JSY, theone, and myself are all pretty much saying the same thing? Only difference is they sugar coated it for you.

From one mom to another, you should really try to learn to see situations from many different perspectives. If you continue to play the victim and blame everyone around you for your mistakes, your going to have one hot mess of a teenager on your hands some day.

What does all this debate matter any way? you were about to quit! Thats what i dont get~!

Go ahead and try to fight it and get a lawyer but its a huge waste of time.

I'm telling you this from experience, believe it or not! I myself got fired from a job for saying something stupid to the wrong person! I was mad, I tried to fight it too. It was all for nothing. I got another job and now I think twice about what I say to people~!

Take it or leave it, I sincerely do wish you good luck with everything.

Posted 4 years ago #
Lamericana

Member
Internets:215

Angelfish, that is NOT sexual harrassment, and I agree with you that it's just homophobia. You have every right to say something like that, since you were away from customers, and at a store where sexual jokes are made quite frequently. Unfortunately, a lot of stupid girls will do exactly what the barista did, just because they didn't have the balls to say they felt uncomfortable at the time. That's like having consenual sex with someone you didn't really like and regretting it later and calling it rape. Unless she felt uncomfortable at the time, (which considering she made jokes with you about it, she obviously didn't), it was not sexual harassment. They're the kind of people that think all lesbians are automatically attracted to every other woman. If I was a parent, and my children overheard your conversation, I would happily explain homosexuality to them. I garuntee you that if the conversation you had was a straight woman telling a lesbian to try men, no one would even blink an eye! Good luck with they lawyer, I hope you win!

Posted 4 years ago #
anonymousangelfish

Member
Internets:11

skin- I think you have taken what I said and sort of twisted it around a bit, but that's okay. I'm going to finish this by saying thank you for your constructive input.

lamericana- thanks for your feedback!

Posted 4 years ago #
Sbrean

Member
Internets:115

I'm going to say this was some form of sexual harassments even though it wasn't intentional. You honestly could have made the partner uncomfortable and the only way for them to respond in an uncomfortable position is to try and laugh it off. But honestly talking anything sexual at work is putting you at risk. I'm not trying to be mean or anyway against same sex relations but really? conversations like that need to stay outside the store. There will always be people you get along with and some who you don't get along with that will not understand how serious you really are being. I'm sorry you got terminated for it.

Posted 4 years ago #
Perfectionist

Member
Internets:794

You're all overlooking the fact that SBux can fire you at any time with or without a reason. Even if there was no sexual harrassment they can still fire you.

Posted 4 years ago #
grandma

Member
Internets:171

Good luck with the lawsuit. I hope you get somewhere just be aware that anything you said, even jokingly, can be twisted and used against you. Sbux has attys. that know how to do just that. I had a male who was accused of sexual harrassment for pushing up against someone and saying some pretty raunchy things to her. Three other girls also came forward to say the same thing had happened to them. It took a 2 mo. investigation and numerous interviews with all parties before they gave him a final writeup and a stern warning. About a month later another girl, a new hire, complained and he just quit showing up after HR called to make schedule a meeting with him over a new complaint. Just a story to let you know how it usually goes. So there must have been some bad blood there to begin with.

Also perfectionist is right that Sbux is an at will co. You signed the partner agreement when you were hired and they terminate without a reason. However illegal termination with charges of sexual harrassment is a separate issue. It is against the law and could be considered defamation of character. Won't get your job back, thank god, but could cost them.

Posted 4 years ago #
bellaragazza

Member
Internets:323

If I repeat anything that has been said, sorry (I read most of the posts).

I am in no way judging you or your lifestyle...as I too have been down that particular road...and anytime I encounter someone uptight, the first thing I say is they have to get laid lol...sorry I just think it helps!!

It is just my opinion, but I dont think this chic was really offened. I think she may have mentioned the conversation to the manager (honestly) in passing. unfortunatly, this manager saw a green light. buuuttt....work is work..and although I would never be offended by what you said nor would I fire you for it, I can see how a 'sensitive' person might get offended. the fact is we get paid to work (and that applies to any job not just sbux). we do not get paid to talk, much less discuss anything personal.

but, I imagine if you have a good lawyer than maybe you have a chance. I know that we can all be terminated at anytime, but I am sure that your manager did not fire you according to company policy. I could be wrong...and I'm sure someone will correct me...however, in situations like these when there is a claim of sexual harassment or discrimination, large companies will suspend you upon investigation. then the district manager and someone hired specifically to handle these situations will come in and sit down with you and your accuser, separately. depending on the situation your manager's presence is not even requested. these measures are in place to prevent lawsuits (such as yours). with that said, did you get a 'pink slip', anything that states your reason for termination?

Good luck. I would not call what happened a mistake, but a goof. what happened was not a big deal, and everyone goofs.
I have always had a rule about work: never discuss religion, politics, and sex....

Posted 4 years ago #
becca001

Member
Internets:610

Well what you said was really weird and to be honest, I'd be freaked out that you would say that, but obviously you weren't sexually harassing her.

This whole situation is f#$%ed up, but don't expect to get anything out of this.

Posted 4 years ago #
tiredbarista

Member
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Besides, if you were fired from starbucks, you should thank them. :)

Posted 4 years ago #
starcons

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Posted 3 years ago #
Reaganesque

Member
Internets:6

Regardless of what your co-workers were doing: that was not an appropriate thing to say at work, and yes Starbucks had the right to terminate you if someone complained. Lesson Learned: Do not make such suggestions at work.

Posted 3 years ago #
Kujo2009@hotmail.com

Member
Internets:28

Sexual harassment is a wide definition, and while some people might find such comment innofensive, some other might find it higly offensive.

Here is a little something to clarify:

- - - - - - -

Sexual harassment is a form of sex discrimination. The legal definition of sexual harassment is â€œunwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.â€

Conduct Of A Sexual Nature

Many different kinds of conductâ€”verbal, visual or physicalâ€”that is of a sexual nature may be sexual harassment, if the behavior is unwelcome and if it is severe or pervasive. Here are some more examples:

Verbal or written: Comments about clothing, personal behavior, or a personâ€™s body; sexual or sex-based jokes; requesting sexual favors or repeatedly asking a person out; sexual innuendoes; telling rumors about a personâ€™s personal or sexual life; threatening a person

- - - - - -

I would suggest you follow up on the HR complaint, simmply because while what you did might not be fully understood as "sexual harassment", the fact is that if said reason is posted in your file, it could bring problems for you in future jobs.

Posted 3 years ago #
DARKROAST

Member
Internets:1,442

@Kujo2009: thank you for clarity! I love it when concrete facts are presented to a subject is debate.
@Anonymous A-fish: although what you said may loosely be construed as sexual harassment (I know, what ****. You must be in Cali, the Litigation State), your DM and HR should have been involved. Sexual harassment is a HUGE liability for companies-they will take the time to investigate, and usually if the offense is not so bad, you'll get a final warning. The way your former SM went about this was wrong.

Posted 3 years ago #
mochajokalatte

Member
Internets:3

Actually, you might have a case to defend yourself against. Several months ago on a fire department in our area, a man tried to sue the department for sexual harassment because he said some of his coworkers made sexual comments to him. But, an investigation revealed that because of all the crude and sexual joking that went around in the department amongst the firefighters anyway, this claim was unjust. He basically wanted to get a quick buck in a pretty homophobic way. I personally don't see anything wrong with good ol' harmless cude humor, as long as everyone is okay with it (aka, they do it too)- I think everyone at every starbucks cracks dirty jokes here and there- but it wasn't fair to single you out because of the comment you made, especially since she had to know you weren't being serious.

Posted 2 years ago #

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