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How to prove a hostile work environment claim

how to prove a hostile work environment claim
The protections that you seek to utilize to save yourself from these monsters will be known by the perpetrators! Explain what happened and give your documentation to an EEOC counselor.

She is the subject of racist jokes on a weekly basis. The employee then begins to receive emails and notes on her office door from the co-worker with inappropriate remarks, continuing to attempt to pursue a relationship. She reports the harassment to her manager, who takes no action in the matter, and the harassment continues. The examples of different types of a hostile work environment are too numerous to cite, but the harassing behavior has to involve discrimination based on race, religion, gender, national origin or other protected categories.

Again, if a supervisor or co-worker is hostile, mean, or even engages in bizarre behavior, it may not rise to the level of an actionable EEO hostile work environment case. Additionally, it is important for management to be made aware of the harassing conduct as soon as possible.

If you need assistance with filing a claim of hostile work environment or for discrimination claims, please contact our office at or at www. Please also like and visit us on Facebook at www. In order to show a hostile work environment for the purpose of filing an EEO complaint, employees generally need to show that: Thus, the legal category of hostile environment sexual harassment was born. Soon after, the hostile work environment claim came to be applied outside the context of sexual harassment cases.

Courts began to recognize that an employer could experience behaviors at work based on discriminatory conduct that had the effect of interfering with job duties or that generally created a hostile work environment. Title VII of the Civil Rights Act prohibits discrimination in the workplace in all terms and conditions of employment. This means that a hostile work environment that is truly hostile as defined under the law could get an employer into trouble.

When an employer fails to take action against it, that employer could be held legally responsible. This means employers have a duty to maintain a workplace free of harassment based on race, color, religion, national origin, sex, age and disability. An employer that is aware of harassing conduct, but fails to take reasonable steps to address it could be held liable in a court of law for violation of Title VII or other state employment discrimination laws.

Proving a hostile work environment goes beyond simply claiming that the atmosphere at your job is toxic or intolerable. Instead, courts concentrate on whether the harassing behavior or conduct of an employee is sufficiently severe or pervasive to warrant liability. For this, several elements of the alleged conduct must be proven. First, the person involved in the hostility must be considered a supervisor or manager in order for the company to be held liable.

This requires that the individual work in a capacity that entails some level of control or authority over the workers. If not, and the responsible individual is a co-worker or customer, an employee must be able to demonstrate that the company had some level of control or authority over him or her.

Next, the analysis must focus on the behavior or conduct in question. The criteria for analyzing harassing conduct hinges on a number of factors. The real problem at this time is our current manager, who has been with us for seven months. He's now gotten to the point where, when she tells him something about me, he almost always at least half believes it. Just this morning he said he was mad because I wasn't making efficient use of my time like he suggested, because I didn't leave our branch until 4: He said I seem to walk around like I'm in a daze sometimes, and maybe I have something on my mind.

Well heck yeah, I do. I'm tired of getting stabbed in the back, wondering if I'm getting stabbed in the back, and constantly having to walk on eggshells around one person because I don't know if something is going to set them off.

She told him that I was spreading rumors about her that I was saying she was a slut. He told me that she said I was doing that and I was so dumbfounded.

All I could say was, "And you believe her? That's his answer to almost everything. I told him she's worked with me long enough to know I wouldn't say that about anyone.

He just said, "I would hope not", which is kind of like saying, "O. This morning, when my boss said I wasn't efficient with my time because I didn't leave until 4: He said I need to change to do things his way so he can trust me and says he talked to three managers before him who have said I get hyper, want to do things my way instead of their way, and lollygag around.

Which is funny, because none of those managers really said much of anything about it to me that I can recall, maybe the lollygagging around in at least one manager's opinion, but he tended to just lose his temper and yell and scream when he got upset about that, which achieves nothing positive.

To the best of my recollection, I've never had a performance evaluation that can be remotely considered poor or substandard as a whole or even perhaps on any individual item. Yet I get this today, and he says if I don't change then he's not going to leave me in charge. Because the whole message seems to be, "we have to keep her happy because she does so much around here, we can't have her quit, and I my boss don't want her to come complaining to me.

As an aside, this person is nasty to more than just me. One of our less than physically fit contractors, who is a bit older and walks with a cane, told me more than one time that this person treats her poorly.

Then one day as she's walking toward this person's office day, she yells clear from the other side of the building, "Hey, what's Waddles as a term of degradation for her physical state doing walking into my office?

And of course, she caused an employee to quit a couple of years ago when she and one of her buddies called him a loser and bad mouthed him behind his back.

They were running this person into the ground, totally trashing him, and he walked into the conversation. I go into work dreading that place because of one person, really two now. I'm looking around, but it's hard to find much in the area that fits in with my skills and experience that would just allow me to leave and not look back.

Recently, my boss was fired after one of my coworkers complained about the way we were being treated. This coworker was then promoted to assistant manager. One day I said something that I guess she didn't like and she said, "you saw what happened with our old boss and the same thing can happen to you. Every little thing we say and do is documented and reported to the new boss.

I just got written up for a very minor infraction. She listens to our phone calls and is constantly chastising us. I can't work like this much longer. Now he is constantly bringing my mistakes to my attention but when his friend makes mistakes he doesn't bring it to either their attention or the boss' attention. Now i have discussed the way he speaks to me with my boss and him and unfortunately it went in one ear and out the other. The manager is a long term friend of the owner boss and i feel like he favors him over me because nothing gets done.

What can i do? I need help because it's becoming a stressful environment for me. I have been getting sick lately and migraines like daily and i cannot work in an environment where i am trying to learn and the manager in this case is preventing me from doing it and telling my boss i am in the way.

I'm a part time employee, and for the past month have been getting close to full-time hours. This was okay in the summer, but since college has started I cannot juggle 18 units and plus hours per week and be expected to pass my classes with As. My supervisor and I spoke, and mind you, the only thing I said in regards to hours was that "I needed more time for school, I cannot be working seven or eight hour shifts every weekday.

Yet the next week he only gave me one day to work, and at a time that did not correspond with my availability. After this incident, I spoke with my manager again, and he insinuated that the reason I was decreasing my availability was not because I needed more time to study, but that I wanted these hours so I could "party it up" so to speak.

This is not true.

What is a Hostile Work Environment?

My mind is on school. I am a junior and I need to pass my six classes in order to graduate. Partying is the last thing on my mind. He then tried to persuade me and guilt me into increasing my availability, which is not flexible.

Is this considered a hostile environment? I don't even like going into work anymore and would rather stay at home that work when I know he will be there. She has been making little snide comments about my age.

Such as, when my last long term relationship ended, she stated something to the effect of "Well, it is a good thing you didn't continue on for about ten years with him, then you would be even more cougary. But the comments bother me. Her husband my boss is never around when she says these things. One of the construction supervisors makes inappropriate comments and jokes.

A coworker reported him for sexual harassment. I was called as a witness. During the investigation, I heard him make another inappropriate comment, which I immediately reported. A second case was opened. He is covered by a union; my coworker and I are not. Since he is a long standing employee with no documentation, this was considered a first offense and he was told not to do it again. Several others defend him saying, "that's just him" or "you're working in construction - hello"!

There have been many anonymous complaints about me and my coworker, all of which turned out to be unfounded. However, I am tired of having to defend everything I do. It got so bad for my coworker, she quit and now they are now focused solely on me, calling me a whistleblower now, which again was determined to be unfounded. Is there anything I can do to protect myself since the complaints are all left anonymously?

They said nothing of my evaluation until the end when they handed it to me. It was a shock after four previous reviews that were "exceeds requirements" that on my fifth year evaluation I am hit with "below requirements" and five pages of non-factual examples and slandering. When I researched my emails to rebut her accusations, my conversations in e-mail to demonstrate her hostility toward me were purged from my account. I have no defense. They are setting the stage for me to be fired due to my performance and so that I won't be able to get unemployment if needed.

The same thing is happening to me. I am the HR Coordinator and a manager has told two of her employees that they may not talk to me professionally or personally.

These employees must go to her with any HR questions. Now no one talks to me, so I go about my day felling stressed and uneasy. I cannot go to upper management because this is where the "order" came from.

how to prove a hostile work environment claim

Is this considered a hostile work environment for me and would i be able to collect unemployment if I quit? My boss and supervisor hate me. I have a higher degree than they do, and with more experience and certifications. I applied for a supervisor position and was turned down, despite great feedback from upper administration. Since not getting the position, I have been doing a supervisor's job without the pay and with severe attitude from my superiors.

I have applied for a weekend position in order to get a masters degree, but it was given to a new nurse over me, which is against hospital policy. Now everything that I do is questioned, and I am treated with hostility and told that i am lying. I had a report written in my personnel record about how I am not 'normal' and need counseling from a psychologist. Unfortunately, I live in TX, which means that I can be fired for no reason and 'black-balled.

I was fired on the spot without investigation. Can my company do this and if not what can I do about it. In the past, a patient was allowed to bring a gun into the facility which caused the employees to be on edge. Our company is all about patient satisfaction. Last night, I worked alone with a patient who said he was a cop. He brought his gun. I did not like it but I knew that it had been allowed in the past. I was sure that if I had caused a stink about it then I would not be satisfying the patient and therefore would lose my job.

We document things heavily so I documented the fact that this guy brought a gun with him. Well, my boss called me to verify that he had a gun and started trying to cover herself by saying that I should have called her.

Mind you, patients have been allowed to bring their guns in the past. I told her that because of this then I thought it was allowed. I was scheduled to work tonight and my boss called me again to tell me to be in 15 minutes before my shift began so that she could "talk to me.

I assumed it was because we had cancellations and I was not needed for the shift. Later, I found out that my co-worker had three patients by himself. We are only supposed to have two patients each. So now I am here on this board wondering what is next.

Since I needed my job, i never complained to anyone but just told him no and actually hit him and pushed him away from me. Also two fellow employees have been physically assaulted in my presence by a fellow employee who the employers protect because he is of the same race as the owners are.

This is a small company that does a lot for bigger companies. We are both really feeling like we are in a hostile work environment but have nowhere to go. Our managers have flat out said to him that no one will believe us or do anything to help us because "we're just dishwashers" and according to my boyfriend he could just "hire a few bleeps" to replace us.

We have no documentation, so it is our word against theirs. I don't know if anyone would be willing to speak for us and we are scared we will lose our jobs for speaking up. What can we do? They are making a very difficult job impossible.

How to Prove a Hostile Work Environment for Unemployment

I don't even want to go to work. Should I get my union rep involved? I don't want to make matters worse though I don't know how they could be. Any suggestions would be appreciated.

Another employee was hired about four months ago. She is the same race as my employer and he favors her over the other long term employees.

how to prove a hostile work environment claim

She has progressively shown hostile behavior toward me and now it has escalated to a direct threat toward me. I reported to my employer many times instead of getting into a confrontation with this hostile co-worker. He always says it is her word against mine. He even heard her yell at me with a very loud voice and then made excuses for her. He has yelled at me for no reason when I was performing a routine assignment but allows her to stand around and chat all day she is doing very little customer service and writing policies so seldom that we all wonder why he keeps her on staff.

Yesterday she directly threatened me and he did nothing. Many times our customers have complained to the manager and he seems to overlook these complaints in her favor. I am at my wits' end and suffering with headaches and extreme stress over this.

My general manager has been hanging out with some of the other female employees against store policy. To try to keep himself out of trouble he has made them all assistant managers in training. One in particular can do no wrong. I have mentioned this to him. Now every time something happens where mine and her names appear, I get in trouble, never her.

Her mother keeps making complaints about me to corporate and so they decided to fire me. The reason was because I cursed at her while I was off the clockwhich I admit.

But previously when I complained to the GM about her cursing and yelling at me I was told "that's just her". The other assistant manager and I don't like her attitude but the GM won't let us do anything about it.

The GM has yelled and cursed at the employees also, on the clock. The GM was reported for a whole page of infractions for which nothing was done. He however thought I was the one who reported him I didn't.

After that I went from plus hours to 32 and would get sent home early also. Other assistant managers were scheduled overtime, even the ones in training. My opening shifts were taken away, and I no longer ran any shifts. I told him it wasn't me and he said it didn't matter what I said, he wouldn't believe me. We catch almost daily people, kids, etc.

Having said that I was just informed that one of my coworkers a black lady has accused me of being a racist. She was told by one of her friends who was basically racial profiling her when she came to the store. The co worker then went to my boss with this concern. My boss has not talked to me about this yet. But my question is how can I stop her from spreading this around the store, which she is doing? The first time she wrote me up because she felt my reports were late too often.

However, I was down several staff members and taking on a new team they were late by one day. She also stated that I put my consumer at risk by not documenting information appropriately. All of these things were clearly untrue. She then wrote me up again, stating I broke a rule and she stated I needed to be trained by a certain date. Instead of her training me, I had to train all of our providers. She is absolutely no help. She yells at people constantly to the point that it is embarrassing.

She told me I "pissed her off" because I requested she assist me with our on-call service. Prior to that I was required to work on call without pay every day.

I can't take time off because I have no staff and no managerial support. The environment is extremely hostile and I am always worried I will be fired the next day.

I need help now. And the question continues to be - what can we do? First, my boss, the owner of the company, was forcing me to work in a location that was 40 miles away from my original location, that is less than a mile from my home, even though I told him repeatedly I could not financially afford the commute. They gave my position to a coworker who had recently moved closer, but was working in the location I was to work in, so I was to work in her original location.

I also found out that she has a special pay rate set up with the boss, and the only way she could make it was to transfer to my location. I feel that he was trying to force me out, rather than fire me and pay unemployment.

When he told me about the change, I told him that I was going to have to cancel my family's health insurance to be able to afford the commute. He told me that was an adult decision, and I was an adult, in a very demanding tone. I also asked to leave one hour early one day because my husband was going to be in a training meeting for his job, and we did not have daycare after a certain time. I feel because my husband and boss had words earlier that month he denied my request.

He told me that any request due to my husband's job, he would deny. This request would normally not be a problem as long as there was enough notice, and we had enough people to cover that hour, which we did in both cases. I am extremely frustrated as my husband is the only one working, and my previous employer is fighting my unemployment claim. We don't even have enough money for our rent, not to mention other necessities.

Is there anything I can do? I was attracted particularly to this company at the time because of the expressed company growth, generous salary and commission, and stability that was offered. My employment commenced on August of and my role was to manage a corporate Chicago retail store. Thirty days into my new career I realized that I haven't yet had a day off.

My work weeks consisted of 5 12 hour work shifts, and 2 eight hour work shifts, totaling 76 hours per week. Needless to say, this took a tremendous strain on both my body and family life. One month after employment commencement, I was asked to fly out to Philadelphia to assist in the company's newest retail market launch.

In January, I was advised that I may begin taking one day off per work week. February began and I was asked to interview for a regional sales management position which had opened up for the Chicago market.

During the interview I was advised that the company had decided to go with another candidate and was given no reason as to why I was declined the position. I was told to keep up the good work and New York will soon be launching its retail market and other opportunities may arise. In March of I received a 15 percent salary reduction, along with all of my peers.

In addition to a salary reduction, i had undergone a restructure of commission compensation thus reducing my commissionable payouts by 50 percent. The once attractive offer letter no longer existed anymore?

I continued to keep my focus despite the false promises of career growth, stability and generous pay! The work environment grew more and more hostile very fast. During one management meeting, a peer of mine had smirked when we had been told that we are acting like whiny girls.

Because the smile had angered our retail director this manager was threatened, he was told that he would be taken outside to have the smile wiped off his face quickly should he find the matter funny.

how to prove a hostile work environment claim

Additionally, the company holds daily conference calls. We call them "beat down sessions". During these calls, we do not discus the prior day's success but we do discuss the prior day's failures! In addition to which, I receive phone calls hourly throughout the day, requesting sales updates. Despite the grueling day to day restless activities I continue to be a top 10 percent performer in the company, exceeding all company expectations!

how to prove a hostile work environment claim

In May ofthe main reason I write to you is I am trending 88 percent to forecast. I hate to say that I am the best of the worst but the entire retail market is down. I happen to be the best of the worst. I was approached by my national retail director and was told that he feels I lack energy. He also feels that "I may be better in another environment, possibly collecting unemployment".

I quickly advised him that I am seeking growth and career development. He laughed and stated results like mine do not warrant a promotion. I was threatened to be transferred to a location over 50 miles from my home, making my daily commute over three hours. I would like to remind you that I am a company top performer and I am on no form of corrective action.

how to prove a hostile work environment claim

Obviously, i will begin to look for another job. The no days off, the reduction in pay, the hostile environment and daily conference calls, the non reimbursements. What rights do i have here? I feel that i am at the mercy of one person in a large publicly traded company. I did contact HR.

What is a hostile work environment?

Generally, to prove a hostile workplace claim you must show that:[22]. you were harassed because of a protected version of How to Prove a Hostile Work Environment was reviewed by Clinton M. Sandvick, J.D. on June 29,

She advised that she is friends with my superiors and this may be a misunderstanding. No help at all! I have worked for a dentist for almost 30 years.

A year ago, the wife started working in the office as the office manager. She has been going into our computers looking at all our logs which were mostly for the office but some personal and deleting websites we have saved for easy access. Then came the verbal abuse. She comes to you and demands answers while you are with a patient or on the phone. I would like to add that these questions are not related to work most of the time.

Also, questions are put in a loud, demeaning tone along with accusations. She also went to the extreme of discussing my personal bathroom habits, which made me feel uncomfortable. Yesterday, I helped another office with a water problem which turned out to be water from the cooler. In a yelling and degrading tone, she asked me who I contacted about the leak. Since there was no leak in the building I did not contact her.

She became hostile and rude to the point of me not being able to continue working. I have called in sick today. This goes on every time she comes into the office.

Is her hostility towards me harassment? I was harassed daily from the special education teacher who was over me. The child was severely behind his age group, but we had made progress. I had completed a year with him, and was starting my second year.

The teacher started off the new year with cutting my lunch break from 30 minutes to Then tried to cut out my 10 minute break in between by throwing in more duties to help out the other paraprofessionals. I spoke with the principal about the situation, and he moved me to another special education classroom.

That is when she really started to make my life a living hell. She would find any excuse to come into the other classroom and chew me out for things that should not have applied to me any longer.

Every day it was something different. She would catch me in the teachers lounge or the cafeteria and rake me over the coals. I went back to the principal and he would tell me that he would fix the situation, but in the end he was telling me what I wanted to hear and was putting a band-aid on the whole problem.

I developed a heart problem from all of the stress and ended up in the hospital from it and resigned. Now I have learned that another paraprofessional is resigning for the exact reason and nothing has been done to the teacher for her behavior. Is there any legal action I could take against this person or the school for the situation that I was in?

I am a part time employee. When I accepted the position it was for two nights 16 hours. Over the years I have been asked to do favors for supervision by working extra shifts. When I was able to. Two years ago, we got a new supervisor. Again I was asked to do favors working extra shifts so I did. The supervisor then began to add more shifts on my schedule without asking. I went from doing two shifts to doing four shifts 32 hourswhich is considered full time.

I have worked for the company for several years. I approached the supervisor and said that I could not work so many hours. This upset the supervisor. And I was still scheduled to work the extra hours. I was told by the supervisor that there wasn't anyone else to fill the shifts and they had to do what they had to do. So I called off when I got tired from working so much. Mind you, I have been working there going on seven years with basically no call offs.

After calling off twice from exhaustion, the supervisor told me that the entire schedule was changing and I would only get one day of work.

This has become a very stressful situation for my family and I would like to know if there is anything that I can do. I was basically told to work the full time hours or don't work at all. To be exact I was told "let the chips fall were they may" If I didn't work the hours. I work with special needs students at a high school.

One of our students has a one on one monitor to assist him through the day because of an occasional hostile attitude that can at times become destructive. Since the start of the semester, this one on one employed by the school system has been documenting the activities of the school staff in the classroom and reporting back to the parents.

As part of our daily assignments, we document all behaviors in the classroom for assistance in behavior development.

During class last week, the father of one of our students came into the classroom and started yelling and using profanity towards me. School administrators are aware of the situation but have addressed very little about the situation.

Because the parents had successfully sued the school system once to get what they want, the school is allowing them to get what they want now. Today, I was advised that the student's one on one will document everything.

Is this considered a hostile work environment? This made things more difficult. My middle manager started picking and finding fault with everything i did.

She actually described me as mentally ill at one point i was a very stressed woman i can tell you. It is just scary to think that this woman not only got my job, but in a very short time, became head of the program. I remain amazed at how violent co-workers can be in the anti-violence field. Honestly, haven't these women ever thought of clinical supervision or exercise?

A hostile work environment is a one way trip to stress leave. Amazing how this occurs very often in the helping environment. I have a supervisor who asked for my number to tell me about a position that i may qualify for and he would call me when he left work that day to tell me about the position. I gave the supervisor my number he phoned me to inform me about the position and the pay for this particular position. After that day, the supervisor continued to call, asking me can he take me out, let's go to the movies and meet me here and there and i always responded with a no, I'm not interested.

how to prove a hostile work environment claim

Well, i guess the supervisor got fed up with me telling him no and told me that since i won't go out with him or go anywhere with him then i would be put in the freezer on monday to work. By this time I'm very ticked off because now he's threatening me with a job that I'm not trained to do. So i told him that i was going to turn him in to the director for his actions. He stated he didn't mix work and outside life and the drama just continued and a co-worker of mine turned him in for sexual harassment but it doesn't seem like anything is being done and he continues this unwelcome behavior and now I'm in a hostile work environment.

I'm wondering do i have a suit since i have all the documentations and witness statements or should i just let the behavior continue until they run me away from this employer.

Officers are engaging in shady practices and supervisors are discussing officers personal lives with other officers, who then discuss it with inmates. I have never worked in a place like this! If I quit, can I get unemployment? I work for a small 12 employees in office company. There are two people above me, the owner and the director. The owner D is very blunt and is known for cursing employees out and everyone is always on eggshells, which is unfortunate, but at least you know where you stand with her.

The director L is retired army and seems to have some issues. He is constantly making comments, or jabs or whatnot about everyone to their face and behind their backs. I pump my breast milk at work for my newborn during my lunch break in my office with the door closed. Everyone is aware of what I am doing, no complaintsetc. L comes in my office one day to tell me congress passed a new law allowing women to be paid for the time that they are expressing their milk at work.

How to Prove Hostile Work Environment?

A hostile work environmental is negative work conditions brought on by harassment and discriminatory & Associates: Proving a Hostile Work Environment Discrimination Claim. The Spitz Law Firm: How Do I Prove That I Work in a Hostile Work Environment.

I, not knowing how to respond, say OK. L says no, women shouldn't be allowed to do that at work and walks away. Another example, while I was pregnant he tells me, keep popping kids out and you will need a mini van. Don't you think you have enough kids? I know these are small but it's every day smart comments, like how are your three boys, referring to my spouse as a kid, talking about me to people in the office right next to me, turning the heat up and putting out warm water at meetings to make people uncomfortable, asking why i am always leaving early at 5 p.

He refers to me as uneducated, or immature because I am 30 years younger than him. I have worked here five years with never once a warning and always excellent reviews.

He referred to me in front of other employees as incompetent and said I should be fired but he always acts friendly like he doesn't say anything.

I can't tell the owner as she is just as spiteful. I am actively seeking employment elsewhere as I just can't take it. I am so stressed I get physically ill. Do you think I have any legal grounds here? When he becomes enraged, as he did today, he will throw something across his office which he denies and then storm fists clenched into the office of the person he is enraged with. He huffs and puffs hyperventilating. It is very intimidating. Today is not the first time I have been the object of his temper, which I find frightening.

I have a very good job, and the employer benefits are paying for my child's college education. She has another year to go, so I cannot afford to lose my job. I want to complain to upper management, but I am afraid. Does anyone have any suggestions for me. We know that and he is not handling things and that is why we go higher. Lately it has gotten to a point that the general manager is the problem but we all know we will get fired if we try to talk to area manager.

Any time we try to talk to GM about a problem he tells us he doesn't have time for this. If someone is sick and calls off he tells them tough-- he doesn't cover shifts so come to work. No one has had a review or raise in almost two years and when you ask him about it you are told he doesn't have time but he will get to it. The list goes on and on.

How to Prove a Hostile Work Environment

Most days someone goes home at the end of their shift in tears. I am the first female supervisor. There are two supervisors above me. The person to previously hold my position was given many advantages, such as day shift, weekends off, switching his schedule, going out of town on business and rotating working the road with other supervisors.

After a year in this position, the advantages were slowly taken away from me. I now work all nights and only have one weekend off a month. I am also the only one to cover the road if one of the officers gets sick or takes off. The three supervisors rotate "after hours on call.

1 Replies to “How to prove a hostile work environment claim”

  • Jumbucks says:

    What necessary phrase... super, magnificent idea I'm looking around, but it's hard to find much in the area that fits in with my skills and experience that would just allow me to leave and not look back.

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