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View Full Version : what constitutes harrassment? Washington West Virginia Wisconsin Wyoming


syzygy7
07-25-2006, 10:03 PM
i work for a construction company (a very reputable one).my boss yells in our faces and threatens our job weekly. he seems to think he is above the law.he doesn't allow us breaks that we are legally intitled to.one of his family members works with us and constantly sexualy harresses me and the other girls on the site. my boss is aware of this but does nothing.and this relative brags about how nothing will ever happen to him because he'll just tell his wife. he has actually proven this to be true.our boss has told us on meeting days we don't get breaks because that is our break.he always threatens people that if they go to the office they will be fired.certain people in the office are just as corrupt as him and frankly i'm not sure who to go to because so many of the people in the company are involoved in the thefts,fraud and embesslemment that it seems hopeless. i have told my boss several times that his relatives advancements and comments are not welcome. so many things are going on the company behind the scenes that i am looking for another job, but i don't think this should continue.our boss is so rude and he points in our faces and yells at us but never lets anyone get a word in. he makes people feel terrible and i have never heard him say anything nice to anyone.my question is where do i start?eeoc,silent witness, the police,l&i? he makes us work under unsafe conditions and threatens to fire us if we don't work overtime with 5 minutes notice. we all work between 45-60 hours a week because we don't want to lose our jobs. i make good money and at this point it is the only thing that keeps me here. one of the girls i work with is only 19 and this guys is in his 60s and constantly slaps here butt and tells her she is sexy, he talks about the way our jeans fit and always calls us by some stupid disrespectful nickname.this has to stop for everyones sake but i'm affaid if we tried to deal with it through the company we would just get fired and they would sweep it under the rug like they do with everything, while they just keep getting richer we are being denided reviews and raises and told how useless we are. if we were useless they wouldn't be selling these houses for a million dollars.i was accused and screamed at for not getting along with people, the people i supposedly don't get along with are being accused of the same thing and are also confussed. i was denided a review because i missed three days work while my 18 month old was in the hospital with neumonia and couldn't breath, if i had gone to work it would have been neglect and the state would have taken her. my boss knew when i was hired that i was a single mother and had just moved to the area.he basicly targets three of us ,but he makes everyone stand there and listen because he has some kind of power trip.

turbowray
07-25-2006, 10:27 PM
i work for a construction company (a very reputable one).my boss yells in our faces and threatens our job weekly. he seems to think he is above the law.he doesn't allow us breaks that we are legally intitled to.one of his family members works with us and constantly sexualy harresses me and the other girls on the site. my boss is aware of this but does nothing.and this relative brags about how nothing will ever happen to him because he'll just tell his wife. he has actually proven this to be true.our boss has told us on meeting days we don't get breaks because that is our break.he always threatens people that if they go to the office they will be fired.certain people in the office are just as corrupt as him and frankly i'm not sure who to go to because so many of the people in the company are involoved in the thefts,fraud and embesslemment that it seems hopeless. i have told my boss several times that his relatives advancements and comments are not welcome. so many things are going on the company behind the scenes that i am looking for another job, but i don't think this should continue.our boss is so rude and he points in our faces and yells at us but never lets anyone get a word in. he makes people feel terrible and i have never heard him say anything nice to anyone.my question is where do i start?eeoc,silent witness, the police,l&i? he makes us work under unsafe conditions and threatens to fire us if we don't work overtime with 5 minutes notice. we all work between 45-60 hours a week because we don't want to lose our jobs. i make good money and at this point it is the only thing that keeps me here. one of the girls i work with is only 19 and this guys is in his 60s and constantly slaps here butt and tells her she is sexy, he talks about the way our jeans fit and always calls us by some stupid disrespectful nickname.this has to stop for everyones sake but i'm affaid if we tried to deal with it through the company we would just get fired and they would sweep it under the rug like they do with everything, while they just keep getting richer we are being denided reviews and raises and told how useless we are. if we were useless they wouldn't be selling these houses for a million dollars.i was accused and screamed at for not getting along with people, the people i supposedly don't get along with are being accused of the same thing and are also confussed. i was denided a review because i missed three days work while my 18 month old was in the hospital with neumonia and couldn't breath, if i had gone to work it would have been neglect and the state would have taken her. my boss knew when i was hired that i was a single mother and had just moved to the area.he basicly targets three of us ,but he makes everyone stand there and listen because he has some kind of power trip.
A break is not a break if you have to conduct business during this time. Contact your states Department of Labor on this. Yelling at you is not harrasment, though childish. Unless your absense is covered under F.M.L.A, you can be written up and even fired for this. I don't know how to comment on the sexual harrasment, so I won't try. Your boss can tell you with 5 minutes notice that you have to work,if they pay you the overtime due. This is all I know sorry!

ElleMD
07-26-2006, 05:43 AM
What state do you actually work in? How many employees are there within a 75 mile radiis? How long have you worked there? Have you worked at least 1250 hours in the past 12 months?

Turbowray is partially correct in that much of what you describe isn't illegal, it is just bad business. You aren't entitled to reviews, raises or even a boss who is civil under the law. You are entitled to a workplace free of harassment based on certain characteristics and free of illegal discrimination assuming your business is large enough to qualify under state or federal thresholds. If there are at least 15 employees and your are being treated poorly on the basis of any legally protected characteristic, such as your gender, then you can file a claim with the EEOC. You can find more info here http://www.eeoc.gov/

The police are not the appropriate authorities except for employee who is being smacked on the bottom. As that crosses the line into assault, she would be able to press charges.

You seriously need to step up the efforts on finding another job though. No job is worth putting up with that kind of treatment. You can still file with the EEOC whether you are still employed or not. There are time limits that apply, but your case is not dependent upon continued employment.

cbg
07-26-2006, 05:55 AM
my boss yells in our faces and threatens our job weekly

Legal. Unprofessional, but legal.

he doesn't allow us breaks that we are legally intitled to

It's unclear what state you are in so I can't comment on whether you actually are legally entitled to breaks. But that is a matter for the state DOL.

constantly sexualy harresses me and the other girls on the site.

Do you have a human resources office? If so, that would be where to go internally. If not, you may have to take this directly to the EEOC.

our boss is so rude and he points in our faces and yells at us but never lets anyone get a word in

Rudeness is not illegal. This is not something for which you can take legal recourse and no regulatory agency handles it.

he makes us work under unsafe conditions

If you mean unsafe by OSHA standards, that's a matter for them. But since it's unclear what you mean by this it's hard to comment.

threatens to fire us if we don't work overtime with 5 minutes notice.

Legal.

we all work between 45-60 hours a week

Legal. However, if you are non-exempt (which seem likely) you have to be paid overtime for all hours over 40 in a week.

but i'm affaid if we tried to deal with it through the company we would just get fired

If you were fired for complaining about sexual harassment, that is a wrongful termination and you would have legal recourse.

we are being denided reviews

Legal. The law does not require that you be given reviews unless you have a bona fide contract that guarantees them.

and raises

Legal. The only time the law requires that you be given a raise (barring a bona fide contract, again) is if you are working for exactly minimum wage, and minimum wage is raised by the appropriate legislative body.

and told how useless we are.

Rude and inappropriate, but legal. Nothing in the law says your boss has to be polite.

i was accused and screamed at for not getting along with people

Legal, even if inaccurate

was denided a review because i missed three days work while my 18 month old was in the hospital with neumonia

As above, unless you have a bona fide contract that guarantees reviews, you can be denied one for any reason. It seems foolish to do so for this reason, but it is not illegal.

It sounds like a miserable place to work, truly! However, not all of what you've posted gives you legal recourse. To sum up, IF your state requires breaks and you are not getting them, you should contact the state DOL; you can report sexual harassment to the EEOC if there is no HR or if HR is ineffective; and if by unsafe conditions you mean OSHA unsafe, you can report it to them. You cannot legally be fired for making any of these reports and you have legal recourse if you are. The rest is miserable but not something for which you can take legal action.

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