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fired for doing my job California

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  • fired for doing my job California

    I worked as a plumbing dispatcher for a plumbing, heating, and air conditioning company, for 1 year and 1 1/2 months. Recently I received a $2 raise for doing such a good job in the year that I had been working there. Things change on a dime in this office and 2 weeks ago I was told that I would not be involved in checking in the plumbers paper anymore. I was going through the paper work from the week before and noticed that a water heater had not come in yet so i went out to the parts manager and asked him if he knew where it was, he said no. The owner of the company got mad at me and told me to do my "f-ing " job, which I was. I then found another part that had not come in so I went to the parts manger again and asked about it, again he didn't know. I started to walk back into the office and the owner started screaming at me with a pipe in his hand. He then proceeded to tell me that I needed to take responsibility for what had happen and slammed the pipe on some air conditioning equipment that was approx 2 feet away from me. I told him not to do that and he started walking towards me and said he could do what he wanted, lifted the pipe in the air then flung it behind him and got so close to me that i could feel his breath on my face and he was screaming at me at the top of his lungs and told me I was "f-ing fired". Needless to say I was scared and grabbed my purse and my cellphone and left. I called my husband, because he had the car and he had to leave work to come and get me. What can I do at this point?? I loved my job and I was great at it and I'm very sad that I don't have that job anymore.

  • #2
    What can I do at this point?? File for unemployment and start looking for a new job. The boss going balistic is not illegal.

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    • #3
      So, you mean to tell me that that isn't considered a hostile work environment? Employers are allowed to get in your face and slam pipes around while they are yelling at you and fire you for doing your job?

      Comment


      • #4
        I think I know who the boss is and where you work

        (Removed)

        There are plenty of plumbing companies that need people with your experience. On the resume put down "Difference of opinion" as your reason for leaving. Most people in the industry know the details without being told. Do not slam your former employer to a new one.

        I will be PMing you with information CGB frowns on company names being posted on this forum. Something about not wanting to get sued. I respect her authority, and will follow her guidlines as I like posting here.
        Last edited by GotSmart; 03-27-2007, 11:23 AM. Reason: A much wiser person than I spoke up

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        • #5
          A hostile work environment has a very specific meaning under the law, and no, this does not meet it.

          GotSmart, I strongly recommend that when you have made contact with the OP, you delete your above post.
          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.

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          • #6
            I will alter it, and send a pm.

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            • #7
              Where do I find the specific information for a hostile work environment? Let me just add that this was not the first time he has gotten in my face and screamed at me like this, it's actually happened more than 3 times, this is just the only time he fired me and had a weapon in his hand when he did it, and I'm not the only one he has done it to.

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              • #8
                Unless you are being subjected to either sexual harassment or illegal discrimination under Title VII and related laws (race, religion, national origin etc.), it is not, under the law, a hostile work environment.
                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


                • #9
                  Here's a good definition:
                  http://www.fcc.gov/owd/understanding-harassment.html
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    "The conduct must be so objectively offensive as to alter the conditions of the individual’s employment. The conditions of employment are altered only if the harassment culminates in a tangible employment action or is sufficiently severe or pervasive to create a hostile work environment.

                    Report any incident of harassment immediately to your supervisor, any member of management and/or to the Director of the Office of Workplace Diversity."


                    The screaming and public humility to the point of making me cower in the corner. not exaggerating. More than 3 times each time worse than the other is a cumulative act and the supervisor/ owner is him and his wife.

                    I have two coworkers who will testify to the behavior. People who still are employed by the company.

                    The point is the owner, the person who verbally assaulted me had apologized in the past and I had asked nicely for him to stop the noted behavior. Unfortunately it seemed to make it worse.

                    I know it’s easier to move on but I can do both. People like this need to understand it’s not ok to bully an employee. I know they would not stand for it.


                    So I am interested in the same situation on the street?? Would it pan out the same? Or would there be a law protecting him if I repeated his actions towards him on the street or in public. If not then this type of behavior could legally cycle over and over until when??

                    My point is the act is justified because I volunteer my self to the (his) environment as an employee so this justifies the actions?

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                    • #11
                      You need to understand that no one is defending his actions. But that does not make them actionable under employment law. What would happen if they occurred in another setting is irrelevant.
                      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


                      • #12
                        And the actions STILL need to be because of a protected characteristic under Title VII. From the second paragraph in my link:

                        Unwelcome verbal or physical conduct based on race, color, religion, sex (whether or not of a sexual nature and including same-gender harassment and gender identity harassment), national origin, age (40 and over), disability (mental or physical), sexual orientation, or retaliation (sometimes collectively referred to as “legally protected characteristics”) constitutes harassment
                        (emphasis mine)

                        Managers being equal opportunity jerks does not generally a legal "hostile working environment" make. Certainly makes it an uncomfortable one, though.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                        Comment


                        • #13
                          Why do moderators and senior members of this board repeatedly refer people to Federal websites for guidelines?

                          Department of Labor guidelines are at best suspect under Elaine Chou.

                          The DOL has been employee hostile for the last six years.

                          An employer slamming a pipe two feet from a woman in a rage is certainly comes close to physical intimidation.

                          If these were strangers on the street the police would have been called.

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                          • #14
                            Jen, the point people are trying to make is that (1), this isn't an example of a hostile work environment according to the law; and (2), your employer did not necessarily violate any other employment laws when he terminated you. I'm phrasing #2 so openly because I don't know all the details in your particular situation.

                            However, this isn't to say you can't sue him, file a complaint, etc. If you are keen on doing so, contact an attorney. This particular section of the message board relates to labor law. If your employer hasn't violated any labor laws that we can see, we might not be able to assist you but that doesn't mean you can't pursue legal action per se. Many attorneys will give you a free consultation, so again, if you are very interested in suing your former employer, you might want to take advantage of that.

                            TONYAFD, I make the same reply to your comment. "Physical intimidation," in the context you're using it, isn't a violation of labor law. You don't call the police to report a violation of labor law; you call the DOL (obviously, I'm making a broad statement here, but you know what I mean). Federal websites, including the DOL website, contain labor law guidelines. If you believe another type of law has been violated, by all means contact the appropriate authority rather the the DOL.
                            Last edited by LFO; 04-06-2007, 07:28 AM.

                            Comment


                            • #15
                              [QUOTE=TONYAFD;882168]Why do moderators and senior members of this board repeatedly refer people to Federal websites for guidelines?

                              Department of Labor guidelines are at best suspect under Elaine Chou.

                              The DOL has been employee hostile for the last six years.

                              [QUOTE]

                              Because we deal with FACTS, and not political agendas. The facts of the situation, and the letter of the law are what most here use to document their answers.
                              Last edited by GotSmart; 04-06-2007, 08:20 AM.

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