Announcement

Collapse
No announcement yet.

Harassment, Possible Retailation. Alabama

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Harassment, Possible Retailation. Alabama

    Hello,

    I work for a fairly large company, whom will remain unnamed for obvious reasons.

    I have been harassed by two individuals for nearly two and a half years, with incidents recorded in my day planner. These vary from physical threats of violence, frontal provocations, and swearing used with insults.

    I have been reporting these incidents to management after they have occurred, usually without response by said management, under my assumptions of favoritism. I understand this isn't discrimination, or at least I don't believe it is, I could be wrong.

    December 4, 2010 One of the individuals came to work heavily intoxicated. During my 15 minute break, in front of 8-10 people he called me a fat B**** before leaving, where he was intercepted by management and sent home for being intoxicated. He was driven home, and apparently there were no punishment for this incident.

    Because I saw him being intercepted and removed from the facility for being intoxicated I didn't report the incident because I assumed management were going to follow the companies policy for incidents such as this.

    Their policy is as follows; " Employees are prohibited from reporting to work under the influence of alcohol, and or consuming alcohol during their scheduled work shift, including break and meal periods. Any violation of this policy will be grounds for immediate termination and may result in a report to the appropriate law enforcement authorities. "

    I gave them ample time to do their normal procedural investigation and reporting. However, nothing has come out of this yet again.

    I have been contemplating contacting the corporate HR department bypassing their command structure, because not only is this a morale buster but it shows that the moral compass of the management staff is way off.

    However, by doing so I am fairly sure that I will be on the receiving end of the retaliation of this and possibly fired. My question is, should I just keep this incident as a card in my hand, or should I go ahead and contact corporate HR about the incident?

    Is there any legal repercussions available / possible if I am fired, with the harassment? I have really only put up with it for this long as it has been very difficult to find any other work until at least June of this year.

    Really need some help with this.

  • #2
    Because discipline is not made public does not mean it did not happen. They are not obligated to make the discipline known to you, particularly since you did not make a report.

    Because the policy says it is grounds for termination does not mean that the employer is obliged to terminate. They are free to take whatever lesser measures they choose - they have, with that policy, reserved the right to terminate; not locked themselves into a situation where they must do so.

    In any case, how or whether another employee is disciplined is none of your business. What makes you think that Corporate HR is not already aware of what is going on and participating in the direction? Keep out of it.

    You have not described any illegal harassment, nor any treatment that would provide you with legal recourse should you be fired. Not all or even most of what Joe Q. Public considers "retaliation" is, in fact, illegal.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Originally posted by cbg View Post
      Because discipline is not made public does not mean it did not happen. They are not obligated to make the discipline known to you, particularly since you did not make a report.

      Because the policy says it is grounds for termination does not mean that the employer is obliged to terminate. They are free to take whatever lesser measures they choose - they have, with that policy, reserved the right to terminate; not locked themselves into a situation where they must do so.

      In any case, how or whether another employee is disciplined is none of your business. What makes you think that Corporate HR is not already aware of what is going on and participating in the direction? Keep out of it.

      You have not described any illegal harassment, nor any treatment that would provide you with legal recourse should you be fired. Not all or even most of what Joe Q. Public considers "retaliation" is, in fact, illegal.
      Well then, what would constitute illegal harassment? I was very sure that threatening bodily harm toward another employee was harassment, as it states this per their own policy which they do not follow.

      More so, I guess I should have asked my question in a different manner then. If I am fired for anything that relates to policy while this other employee is not, what does that make of the situation?

      Comment


      • #4
        http://www.fcc.gov/owd/understanding-harassment.html

        Unlawful harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal authority.
        The recourse with "threatening bodily harm" involves contacting the police. This would be a criminal law issue, not a labor law issue.

        Anything involving "policies" pretty much requires having a local attorney read the policy and related documents. Policies may or may not involve contract law issues. This is so very specific to both the exact wording of all documents and the laws of the states in question that having a local attorney read the documents is always required.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          In a workplace, the only harassment with is illegal is harassment based on a person's protected characteristic, like race, age, sex, religion, etc, or based on having exercised a legal right (like retaliating against an employer for taking FMLA or making a worker's comp claim).

          In the criminal justice system, some states have crimes called "harassment" that might cover making threats against a person, but some states call that something else, like "terroristic threats" or even have it covered under "reckless endangerment."

          But these would be criminal justice issues, not workplace issues that an employer has to fix. You could try filing criminal charges against a person who makes physical threats.

          Also, some companies have strict workplace violence policies. We would not know if yours does; only you would. But if that's the case, writing down the incidents involving physical threats in your day planner without making a formal report doesn't give the employer a chance to correct the situation.

          Calling someone a b**** is not illegal in any sense, and the employer does not have to correct it, even thought it's admittedly unprofessional.
          Last edited by TSCompliance; 01-31-2011, 08:18 AM. Reason: Typed this before seeing DAW's post!

          Comment


          • #6
            Originally posted by WallyS View Post
            More so, I guess I should have asked my question in a different manner then. If I am fired for anything that relates to policy while this other employee is not, what does that make of the situation?
            All employees do not have to be treated the same as long as you aren't discriminated
            against due to a reason prohibited by law (ie age, religion, gender).

            http://www.fcc.gov:80/owd/understanding-harassment.html
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              DAW & TSCompliance, your replies weren't there yet when I started mine.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                All three of us must have been channeling and typing at the same time

                Comment


                • #9
                  I appreciate the advise, I have more details, but I just feel this isn't the proper venue as my employer does troll around the internet for these sort of dealings.

                  I think you guys have pretty much covered the basics for me, I will do some more reading on my own and possibly speak with a lawyer about this.



                  I get that life isn't fair and no one has a perfect moral compass, however this just isn't right. I really just wish I could find another job.

                  Comment


                  • #10
                    You probably already know this but don't quit this job until you have another job.
                    If you quit, you "generally" do not get UI benefits.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment

                    Working...
                    X