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  • On the Job Harassment

    I am posting this for my husband. I am hoping someone will post something that will make sense to him so that he will get the proper help he needs.
    For the past 3 years he has been Harassed just about every day, from his department co-workers. They make comments about his work, they make sure everyone in the department knows he made a mistake, they leave nasty notes about jobs he has completed, they run to the boss everytime he does something they would like done "their way", hide his tools, steal his tools, break into his tool cabinet, damage his tools. They love to see him get upset. One someone even went into his desk and took a personal note from his Doctor. A copy was given to his Supervisor, but that also seems to have disappeared.
    It seems like his Supervisor just blows it off, instead of making sure the other people in his department are not in charge of the department, he is! He seems to let the other people just walk all over my husband. I am sick and tired of him saying "I'll look into it". This is his answer every time my husband tells him what has been going on. My husband is not a complainer. Even other people at this company have noticed things that go on. But like they will stick up for my husband...they are not going to chance lsoing their jobs.
    He has gone to his department supervisor, but nothing has ever been resolved. Twice he has gone to his HR rep., he seems to care and want to get things on the right track, but once again things stay the same.
    My husband has worked for this company for the past 38 years! He has a good attendance and does his job well.
    I say he should let the Company know he is fed up and if things do not change for the better he will be going to an attorney! I think he should document everything that happens. And let the company know he is serious!Any input? Really could use some.

  • #2
    Unless your husband's co-workers are giving him a hard time because of his membership in a protected class (i.e. because of his age, race, religion, gender, national origin, handicap, marital status, or sexual orientation), then what is taking place is very unfortunate but it's not illegal. It's not against the law for someone's co-workers to be a bunch of juvenile jerks or for the boss to fail to stop it.

    Since his supervisor refuses to make this harassment stop and the HR rep has been ineffective in dealing with it, I suggest your husband speak to someone in more senior management - such as the Plant Manager, General Manager, company President - or whomever he feels has the clout and the concern to put a stop to this. Even though this sort of harassment is legal, it's completely unacceptable and hopefully someone in senior management will agree and intervene.

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    • #3
      While I think it is disgraceful that the department supervisor has allowed this to continue, nothing you describe violates any laws. A threat to go to an attorney will be meaningless, since nothing illegal has transpired.
      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


      • #4
        He is 58 1/ 2 years old and the people in his department are much younger then he is. They make comments that he should retire from his postion and move on.

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        • #5
          If your husband believes he is being subjected to this treatment by his co-workers because of his age (which is certainly possible), he should contact the HR rep or another member of management and tell them that. That will compel the company to investigate and if they determine age discrimination is taking place, to put a stop to it. If, after that, nothing is resolved, then your husband may contact your State's equal rights division or the federal EEOC and file a discrimination complaint.

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          • #6
            I know the feeling

            I am constantly harrassed for working. Because I care for my job, I am called "brown noser", and several other names from someone who stands 14 inches taller than me and out weighs me by about 50 pounds. He has threatened me, but management has done nothing to help out the situations in our shop.

            The management is as crooked as they come too. They have tampered with workers files, forged workers names on "poor" performance reviews to avoid paying raises on time, ECT.

            No one can seem to get anyone to act, on these well documented facts.

            I have taken it upon myself to leave this job in about 6 months, when I can afford to do so.

            Comment


            • #7
              Please pay attention to the dates of the postings. This one is six months old and I very much doubt that the OP is coming back to look for additional responses.

              As a general rule we ask that you not response to dormant posts unless you have a question about the law being discussed or are the OP coming back with an update.
              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


              • #8
                If your husband thinks he is being discriminated against due to his age, he is protected by law. The Age Discrimination in Employment Act of 1967 states that

                “It shall be unlawful for an employer-
                (1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age;
                (2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age; or
                to reduce the wage rate of any employee in order to comply with this chapter.”
                That being said, the trickiness of the situation arises in your husbands ability to prove that age was the true reason he was being held back by his employers. You said he is the oldest employee in the firm. If you can get the man that was hired around the same time as him to testify that he was asked easier interview questions AND that he did indeed receive a lower score on the proficiency test, you should have a legitimate case.
                Age discrimination is an incredibly touchy subject. Especially in the software industry, most young people are going to be more proficient with the latest technologies. Their training is usually more recent than that of those of their elder. As a result, any apparent “age discrimination” may simply be on account of a learning curve. However, if he did indeed score higher on the given proficiency test, it would be obvious that this so called “learning-curve” was not a factor in the employer’s decision of assigning cliental to his employees.
                When assuming that your husband is able to prove that he scored higher on the proficiency exam, the employers are at fault for the following:
                First, they are violating part 1 of The Age Discrimination in Employment Act. This states that it is unlawful to discharge an employee because of his age. If he fears he is losing his job due to his age, or not getting a fair amount of cliental sent his way, he should fight it. It’s unlawful and wrong for him to have that fear of losing his job when he is just as/ if not more proficient than his co-workers.
                The second part of the Age Discrimination in Employment Act talks about limiting employees due to age. I already talked about how he would most likely need a co-worker to testify his case, but-- if able to succeed, a court should grant him victory in the case. He is having his full potential retained do his age, which is also, unlawful and wrong.
                I hope the little bit of research into you specific issue helps in getting you on the right track to find fairness and justice. Good luck!

                Comment


                • #9
                  This post is over 6 years old. Please do not post on old threads.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment


                  • #10
                    Since this thread is from '05 & 2 users have posted to this old thread, will close thread.
                    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


                    • #11
                      Originally posted by Betty3 View Post
                      Since this thread is from '05 & 2 users have posted to this old thread, will close thread.
                      (beat ya to it!)

                      It wasn't closed or any notation being closed when I went to close it. Anyway, it's closed!
                      Last edited by Betty3; 10-28-2012, 07:49 PM.
                      I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                      Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                      I also may not have been either sane or sober when I wrote it down.
                      Don't worry, be happy.

                      http://www.rcfp.org/taping/index.html is a good resource!

                      Comment


                      • #12
                        CJ, I didn't mean to edit your post. I meant to use reply with quote & quote your post & then post my info.

                        You probably closed it just "seconds" before me then - it wasn't closed when I went to close it - prob. while I was typing that I was going to close post. I always post that I'm closing & reason so people know who closed it & why.

                        (Last sentence on CJ's post was typed by me.)
                        Last edited by Betty3; 10-28-2012, 08:03 PM.
                        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


                        • #13
                          Originally posted by Betty3 View Post
                          CJ, I didn't mean to edit your post. I meant to use reply with quote & quote your post & then post my info.
                          No problem.
                          I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                          Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                          I also may not have been either sane or sober when I wrote it down.
                          Don't worry, be happy.

                          http://www.rcfp.org/taping/index.html is a good resource!

                          Comment


                          • #14
                            Originally posted by cactus jack View Post
                            No problem.
                            I just by accident clicked on edit instead of reply with quote. I guess we better stop posting in this old thread.
                            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

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