I have drafted this letter to my current employer. (names have been changed to protect myself)

Based on the information in the letter do I have any other recourse? Help Please!!

To all concerned parties,

Due to physical actions against me by Ms. Jane Doe feel a written statement is warranted to document a serious violation of human resource policy as well as state statues regarding workplace safety (23-419. Imminent dangers), as well as state statutes regarding assault (13-404. Justification; self-defense)


On two occasions I had heard from my “co-workers” that I wasn’t doing my job properly and that certain duties would be taken from me because of those actions. I had never been informed of these issues from my supposed teammate or my manager, John Doe.

After hearing of the “second” violation from a coworker and NOT my teammate I was upset and asked Ms. Jane Doe to meet me in the office. On the way to the office a desk person had asked for some help. I deemed it was necessary to help the Desk Person before I went into the office. I was waiting for the desk person to finish with customers, and Ms Jane Doe decided it was okay to continue the discussion at the desk. I told her I would talk to her in the office. She would not stop and I had to repeat myself many times before she would stop. When she finally stopped, her words to me were “You’d better get your *** in that office.” My response to her was “Don’t you ever talk to me that way again!”

After I was finished helping the desk person, I went into the office to talk to her, but I knew I was already angry, I must admit that I started yelling at her. My limits had been tested. However, when I realized that I was too angry to deal with this professionally I attempted to leave and during this verbal confrontation with Ms. McCauley forcibly detained me, which led to defensive actions on my part to free myself from a hostile situation. I asked her repeatedly to move, I attempted to retrieve a key from the safe that would allow me to leave via a different exit, which she blocked as well. It was an angry situation and I was attempting to leave in hopes that it could be dealt with at a later time. However, Ms Jane Doe would not let me pass; she told me that she wouldn’t move “until I heard what she had to say”. At that point I felt trapped, and cornered and afraid. The anger in her face was apparent and I became fearful for my safety. I was forced to push my way past her, in doing so we fell to the floor. I fell into a file cabinet that left a bruise on my right knee and stiffness in my lower back and right side. I continued to try to leave the hostile situation and she attempted, again, to block my path again. I repeatedly told her to move, get out of my way and after a moment or two she moved and I was able to leave the situation. It was fortunate that another employee was present at the time. Her name is sally doe. I have apologized to sally it was unfortunate that she had to witness this unprofessional behavior on both of our parts.

These type of situations with Ms. Jane Doe, though not physical, are common, and have been addressed many times in the past with Ms. Jane Doe, and she has ignored all attempts and solutions provided to her to curtail the less than professional behaviors with myself as well as with other employees.

I feel management has made the choice to retain her and ignore her unprofessional behavior. I have been told repeatedly that she has Professional Human Resource skills. This incident as well as many other incidents proves that these skills are not apparent in her work ethic. Yet Management continues to allow Ms. Jane Doe to proceed as if no warnings were received and no violations have occurred.

I have addressed this situation, as well as many others, to John Doe, the General Manager. He has told me that he would talk to her, yet no behaviors have changed. My coworkers have stated that they have addressed these and additional situations to Mr. John Doe to no avail.

I have had to, in many situations, tell my co-workers that they must go to Mr. John Doe and tell him the situation. I have only been told of his response, which was pretty much to blow it off until it goes away or the person quits.

I was informed by Mr. John Doe that no employees have approached him regarding any situation involving Ms. Jane Doe and the problem is mine alone. I do not believe this to be true. It is my opinion that, Mr. John Doe has avoided any attempts to resolve situation in the hope that it will “quit” or “go away”. When it doesn’t and it must be dealt with it is his style to “delegate the letting go” to someone else. So that he isn’t burdened with an unpleasant task.

After having various conversations with, many of my coworkers, (to be named later if required), they have stated that they have, in fact, talked to Mr. John Doe regarding this situation, as well as previous situations, only to realize that nothing will be done. My co-workers have also stated that even after having talked with Mr. John Doe, the nothing was changed and they felt they were ignored. So, even though they were told this was the course of action provided by policy and procedure, nothing was done. So they gave up, hoping that they can just hold on to “a job” long enough to get to the next one.


I am unable to continue my work because of undue anxiety and the situations created by Ms. Jane Doe and management’s inability and/or refusal to pay attention to these serious matters. This has led to a highly volatile, hostile and insensitive work environment that I can no longer tolerate.

I enjoy my employment (at this place). I have tried in many ways to attempt to find ways that will increase my hours to a full time status. Prior to Ms. Jane Doe promotion to Asst. Manager, I had expressed my desire for the position. I have stated my qualifications. I expressed my willingness to provide adequate and additional time to perform the job and duties of Assistant Manager. In addition, I have sited that I have been at Santa Cruz Lanes longer than Ms. Jane Doe and am better qualified for the position as I have greater experience with the policy and procedures, as well as the respect and trust of my coworkers.

If this situation cannot be resolved this letter will serve as my two week notice of resignation and my last day of employment will be (date to be provided)

One more question from me. This only happened on monday the 14th. Should I have called the cops? Should I still call the cops and file a report?

The phrase, hostile work environment, has a very specific meaning under the law and what you describe does not meet the definition. Unless you are being subjected to either sexual harassment or illegal discrimination under Title VII and related laws, you are not in an HWE.

Nothing in the law prohibits bad management or a manager being a jerk. If management chooses to let someone behave unprofessionally, that is their perogative. As long as no laws are being violated, and by your description none were, they are within their rights. No law requires them to take any action about "unprofessional behavior".

I understand.

However were her actions by phycally detaining me in a threatening manner cause for me to call in law inforcement and make a report?

Or am I just better off cutting my losses and giving them notice?

As your boss...

If you had given me this letter... an admission of physical contact, a demand to be given more hours coupled with a general "deal with my demands in the way I want right now" attitude... I would cheerfully accept your resignation.

I am not trying to be harsh here... but you just admitted to physically "brushing by" a coworker after that coworker - your supervisor no less - told you to stay.

In other words, open insubordination of your supervisor's authority.

Yup, I would take your resignation and fill in the date of today. Be careful here. Your attitude of "the employer will change because they need me more than I need them" will talk you out of unemployment.

However, I think that you misread it, I was the bruised and injured party.

I was forced into a situation that led to defensive manuvers to remove my self from a potentially dangerous situation.

Which is why I asked if I should involve the police.

I appreciate the constructive critisism, it makes good sense and I will probably revise it accordingly. I don't expect things to change so I have basically decided that telling them what happened will suffice and give my notice anyway. It's just not worth the stress of dealing with upper management that accepts and in fact almost encourages poor management skills over all else. Needless to say prior to this there have been large turn-overs in employment with this company. People have even stopped applying. No one wants to work there. It will go on without me, which is fine, it may sound selfish but my happiness is more important that their power control tactics.

Thank you for your help.

She is not my supervisor. We carry equal title and resposiblity. Therefore no iinsubordination occured, only violation of company policy on her part, and physical assult on her part.

I thought from reading the original post that the other person blocked you from leaving. You pushed past and both of you fell.

Sounds like the physical contact was intitiated by you.

I wonder if the police would call your intitiation of the contact assault.

However, I think that you misread it, I was the bruised and injured party.

I was forced into a situation that led to defensive manuvers to remove my self from a potentially dangerous situation.

Which is why I asked if I should involve the police.

I appreciate the constructive critisism, it makes good sense and I will probably revise it accordingly. I don't expect things to change so I have basically decided that telling them what happened will suffice and give my notice anyway. It's just not worth the stress of dealing with upper management that accepts and in fact almost encourages poor management skills over all else. Needless to say prior to this there have been large turn-overs in employment with this company. People have even stopped applying. No one wants to work there. It will go on without me, which is fine, it may sound selfish but my happiness is more important that their power control tactics.

Thank you for your help.

I didn't misread it. She blocked your way and you pushed past her. You initiated physical contact. She may or may not have precipitated it, but you made initial contact.

Therefore, if anyone could and should call the police, it would and should be the person you "checked" on your way out the door. And you didn't just brush past her... because you force was enough to send the both of you sprawling.

regardless, you shouldn't send any letter. Quit when you find other work. If you send the letter... you will be terminated immediately without benefit.

I was cornered in a positon where I felt physicially threatened. I initiated a self defense move to extract myself from the situation. There was a witness who has cooborated the incident.

Also, if my intent to create a situation where police were involved, don't you think that I would have called them already?

I did not, I was trying to remove myself from a threatening situation. I would have done what anyone would have done, tried to get away.

As it stands they get the letter with a few modifications. Staying there is not an option because of the continued physical threat from this person.

Thank all again for your input.

I was cornered in a positon where I felt physicially threatened. I initiated a self defense move to extract myself from the situation. There was a witness who has cooborated the incident.

Also, if my intent to create a situation where police were involved, don't you think that I would have called them already?

I did not, I was trying to remove myself from a threatening situation. I would have done what anyone would have done, tried to get away.

As it stands they get the letter with a few modifications. Staying there is not an option because of the continued physical threat from this person.

Thank all again for your input.

Fine.

Just know that it will be almost impossible to collect unemployment insurance.

It was a part time position. That being the case I would have been ineligble anyway.

I have had a couple of interviews that are leading to 2nd interviews. For what I do that is very promising.

I must thank all who responded. It helped me go through the process of what was a very ugly situation that was known about and not addressed to the they don't really need a reason. They already know about it and don't care. So, now neither do I.

Thank you all for helping me keep a cool head and professional attitude regarding this situation. Here is the final draft of my resignation letter.

To all concerned parties,

Due to circumstances beyond my control, I am no longer able to continue my employment with this company.

I have enjoyed the work that I have done, from peon to bigger peon (position titles ommited). If it were within my abilities I would have continued to work for the company until my retirement. I will miss my duties and the majority of my co-workers.

This letter serves as my two weeks notice. My last day will be June 1, 2007.

Sincerely,

Change the last sentence.

Do not give two weeks notice. Instead, give a resignation effective two weeks from now.

If you give two weeks notice, they can accept your resignation tomorrow and you will be without that pay.

In theory, they still can, but probably won't.

I hadn't thought of that, THANKS!!!!

Like this right:

This letter serves as my resignation effective June 1, 2007.

Actually, you are still giving 2 weeks notice. You just arent saying it in the second version. If they want to accept your termination immedicately, they still can. Just because you dont say the words "2 weeks notice" does not preclude the employer from accepting it as soon as its tendered.

It may mean that you are eligible for unemployment for those 2 weeks and no, they dont have to pay you for those 2 weeks.

Morgana is correct. You're still giving two weeks notice - you're just wording it differently. If your employer really doesn't want you around for those two weeks, the way you word the resignation isn't going to make a difference. They're not required to allow you to work your notice period no matter how you word it, and they're not required to pay you for any unworked notice regardless of why you don't work it. However, if they don't pay you for those two weeks (or any portion of it) in many if not most states you would be able to collect unemployment for the unworked portion (barring any waiing period), and assuming that you worked enough time in the base period to qualify.

The above posters are correct.

Notice that my last sentence was "they still can, but probably won't". They can still usher you out the door.

and I decided it looked better the way it was suggested.

I gave them my notice and it took them less that 2 hours to name my replacement. It is a a co-worker of mine. She would have been my first choice anyway. I'll be training her for the next two weeks or at least one.

My boss told me he didn't want me to quit. He still didn't offer a solution to the overal problem, so I basically told him too little too late.

But have some cheer for me, and keep your fingers crossed,the one place that I really wanted to go to work for has called me back for a second interview. All may not be lost, and hopefully unemployment compensation won't be an issue.

Thanks again to all have helped me keep a calm and professional head during this time.