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  • Need Help!!!

    Hi My name is Gale and I have been at my job for almost 2 years as a manager,I love my job.we recently had our general manager resign and we had a new manager come in and take over.Since the 2nd day that he took over as the acting manager he has yelled,cussed and continued to harrass me and even changed all of the managers hours instead of 7:00am to 3:30pm he made it 8:00am to 5:00pm.The new hours confliceted with alot of the mangers schedules due to our children.he said that it wasn't his problem.The yelling and harrassment continued for about 2 weeks along with the demands and the long hours.I came home one night and was feeling dizzy.I fainted and my mother rushed me to the hospital.It was my blood pressure it was so high that the Dr. said that I was to close to having a stroke and that I need some rest and relaxation, he gave me 3 days off and told me to go and see my blood pressure Dr so I did and he gave me another week off.I of course faxed over copies to my employer and while I have been out he was harrassing next in charge which is the director of operations about me and saying that I took files and disk out of my office.she called and I told her I had nothing.she reported that to him and he said for her to come to my house and check if I had anything downloaded to my computer,she told him that it would be an invation of privacy and refused to do so,he started yelling at her and she had a anxiety attack in my office so he told her to take a 2 week vacaton with pay(she already put her 2 weeks in)he took her keys and sent her home.since then I have been off of work for 1week 4 days and I was told that I had been replaced with one of his people that he brought in and has NO experience in the field let alone management.Now I am told that I am not comming back due to an investigation on the supposedly missing files and disk.what should I do?????do I have any leg to stand on???can they just give my job to someone else while im out on medical leave??? Today my pay check was supose to be in my checking account and he stopped my automatic deposit,which means I didn't get paid.PLEASE help I don't know where to go from here.Thank you for your time and any advice you can give will be appreciated.(The sate is Hawaii)
    Last edited by Gail M; 02-19-2006, 08:40 PM. Reason: CORRECTIONS

  • #2
    There are two types of "harassment" by legal definiation.

    1. "Harassment" as a tort, which (usually) does NOT apply to employment. This would be something like excessive phone calls & letters--stalking. (again, this usually does not apply to employment, even if your boss continually calls you).

    2. "harassment" in employment law, applies to pervasive actions or comments based on a "protected" characteristic such as race, gender, religion, ethnic background, national origion, age, disability, and in some states, martial status, sexual preference, or with regards to economic assistance.

    You new manager is a jerk, but it is not "harassment."

    He may terminate you for "missing files" even if he is very mistaken. If it is an excuse for terminating you for an illegal reason, that would be different. Doesn't sound like it is.

    If you are leave under the Family Medical Leave Act (to be eligible employer must have 50 or more employees and you must have been employed for 12 months) he cannot fire you for THAT. I don't know if you are covered under the act, I leave that to other posters to answer questions you have regarding the act.

    If you ARE covered, that doesn't give you immunity from being terminated or disaplined for some other reason.
    Last edited by wwy; 02-20-2006, 04:48 AM.

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    • #3
      Your manager's behavior is appalling but it doesn't violate any laws.

      As to replacing you while you are out on leave, whether that's legal depends on whether your leave time falls under the FMLA. (1) How long have you worked for this company? (2) Have you worked at least 1,250 hours in the prior 12 months? (3) Do they have at least 50 employees at the site you're at and within a 75-mile radius?

      Regarding your unpaid wages, you may contact Hawaii's Department of Labor and file a complaint.

      Do you have a Director or Manager of Human Resources you can speak to about all this? Or, failing that, can you contact the new GM's boss and report what has been taking place? If so, I urge you to do so. There may be several legal violations taking place (FMLA and wage & hour laws) and it's also entirely possible that top company management does NOT endorse the kind of behavior this GM is engaging in. Among other things, it's going to cost the company some big bucks in turnover, WC claims, medical leaves, STD payments and so on. Putting aside the fact that the way the GM is treating people is just not right, it's also very poor business.

      Comment


      • #4
        Need Help!!!

        Originally posted by wwy
        There are two types of "harassment" by legal definiation.

        1. "Harassment" as a tort, which (usually) does NOT apply to employment. This would be something like excessive phone calls & letters--stalking. (again, this usually does not apply to employment, even if your boss continually calls you).

        2. "harassment" in employment law, applies to pervasive actions or comments based on a "protected" characteristic such as race, gender, religion, ethnic background, national origion, age, disability, and in some states, martial status, sexual preference, or with regards to economic assistance.

        You new manager is a jerk, but it is not "harassment."

        He may terminate you for "missing files" even if he is very mistaken. If it is an excuse for terminating you for an illegal reason, that would be different. Doesn't sound like it is.

        If you are leave under the Family Medical Leave Act (to be eligible employer must have 50 or more employees and you must have been employed for 12 months) he cannot fire you for THAT. I don't know if you are covered under the act, I leave that to other posters to answer questions you have regarding the act.

        If you ARE covered, that doesn't give you immunity from being terminated or disaplined for some other reason.
        Thank You for replying, I have been at my job for almost 2 years and have Nothing in my file ever.this company does have more than 50 employees.This new manager has no clue what he is doing and also have No clue that he is causing more problems for the company by implementing rules that don't make sense.I have just found out and comfirmed that he now has his wife,sister and cousin workng in the main office with him.In our employee manuel it says NO FAMILY to be working in management but of course he makes the rules.I will check into the act that you mentoned and THANK YOU for your reply.

        Comment


        • #5
          Need Help!!!

          Thank you so much for your reply,I will check into the act that you have mentioned. I know that the company has 50 +employees and that what he is doing is not right.I just recently found out that he has his sister,wife and cousin working in the main office inwhich is the # 1 NO,NO in the employee manuel.NO RELATIVES IN MANAGMENT positions are to be working together and they are ll related.I will check into what you have told me.Thank You Again.

          Comment


          • #6
            It's not illegal to hire or favor family members. If he makes the rules, he can make the exceptions.

            If the rule actually came from above his head, it would be up to them if they want to make an exception.

            So it goes back to the other advice you received, which is to check with upper managment to see if they are aware, or condone, his managment style.

            But it's not illegal.

            Comment


            • #7
              Need Help!!!

              Originally posted by Beth3
              Your manager's behavior is appalling but it doesn't violate any laws.

              As to replacing you while you are out on leave, whether that's legal depends on whether your leave time falls under the FMLA. (1) How long have you worked for this company? (2) Have you worked at least 1,250 hours in the prior 12 months? (3) Do they have at least 50 employees at the site you're at and within a 75-mile radius?

              Regarding your unpaid wages, you may contact Hawaii's Department of Labor and file a complaint.

              Do you have a Director or Manager of Human Resources you can speak to about all this? Or, failing that, can you contact the new GM's boss and report what has been taking place? If so, I urge you to do so. There may be several legal violations taking place (FMLA and wage & hour laws) and it's also entirely possible that top company management does NOT endorse the kind of behavior this GM is engaging in. Among other things, it's going to cost the company some big bucks in turnover, WC claims, medical leaves, STD payments and so on. Putting aside the fact that the way the GM is treating people is just not right, it's also very poor business.
              First of all I would like to say THANK YOU for replying.
              1)I have been with the company for 1 yr and 8 months.
              2)YES,I have worked at least 1250 hours in the last 12 months
              3)YES, The company has 50 + employees
              4)YES,I have actually went to the owner who is the only one above him and does not live in HAWAII but only checks on his company every 3 to 4 months, So he relies on the GM to let him know what is going on.when I went to the owner about him yelling,cussing and harrassing me he basiclly told me that he was the new GM and maybe his ways of managing was diffrent that the last and that if I didn't like it to either "stay on the boat or get off the boat"[Quote] that he was going to be incharge from this point foward.I honestly think that this is why I am being harrassed because I spoke up about his behavior and that my Director of Operations got fired for sticking up for employees right and it happend to be me.

              I will check into the FMLA and find out what else I can do and I will put in a complaint to the Labor board.Thank you for your time and knowledge.
              Last edited by Gail M; 02-20-2006, 10:45 AM.

              Comment


              • #8
                Thank You!

                Originally posted by wwy
                It's not illegal to hire or favor family members. If he makes the rules, he can make the exceptions.

                If the rule actually came from above his head, it would be up to them if they want to make an exception.

                So it goes back to the other advice you received, which is to check with upper managment to see if they are aware, or condone, his managment style.

                But it's not illegal.
                Thank YOU,I truely appreciate your advice and I will deffinetly write a letter to the owner with the concerns and issues that this manager is doing.I guess that I have found here in Hawaii that it is not what you know, it's who you know!!! thank you again for your reply and again I will check into this.Aloha

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