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Old 01-13-2007, 09:48 PM
PAN1701 PAN1701 is offline
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Default Hostile Work Place? Minnesota

What constitutes a hostile work place?

I know for a fact that it doesn't always have to do with something sexual in nature.

Mine is the constant reminder and threatening and actual meetings of my termination (Because of one past health problem). I've done nothing illegal or against policy. But they have made it well known to me, and to my Union President .... which are always at odds because the Union president has won ALL grievances against the Admin.

For a matter of fact...I have over 20 years with this department and have documented favorable yearly reviews. I had one bad year (Being sick because of a DR's mistake) and they want to terminate me. And it has been documented that they are threatening me with termination.

The stress of going to work knowing if I trip up in any little way, will cause my termination is causing me major health problems. I was notified in person and in writing, that if I call in sick I can/will be terminated, and if I come in and am not able to perform my duties due to illness, I can/will be terminated. I've lost way too much sleep because of this. Therefore I look terrible, which could be reason enough for the Administration to terminate me. Its a snowball effect.

Does this not constitute a hostile work place?

Just an FYI
My Supervisor also put me through a battery of physical exams (Which I passed). He was hoping to find out something he could use to terminate me. I found out through a 3rd party DR that they also gave me a Drug test (Which I passed of course). I was told by the 3rd party DR that it was highly illegal to give me a drug test without my consent or knowledge. Also the supervisor added TOTALLY FALSE statements to my medical record. Which I can't begin to understand the DR taking his word without consulting me. So it is obvious they are doing their best to find something to use to terminate me.

I do have an appointment with the Union Attorney.

Just thought I'd throw out the scenario to see if anyone had any opinions.

Thanks in advance.
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  #2  
Old 01-14-2007, 05:38 AM
cyjeff cyjeff is offline
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Default

A hostile workplace has a specific meaning to labor law. It means you are being discriminated against for membership in a protected class (sex, age, race, etc) or in direct violation of public policy.

Just threatening you with termination is not enough.

Having said that, I would think your union attorney has far more latitude than the law gives you in terms of making your workplace more enjoyable.
__________________
Not everything that makes you mad, sad or uncomfortable is legally actionable.

I am not now nor ever was an attorney.

Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.
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Old 01-14-2007, 10:27 AM
cbg cbg is offline
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No. What you describe does not, in itself, constitute a hostile workplace.

If you are not being subjected to either sexual harassment or illegal discrimination under Title VII and related laws (race, religion, gender etc.) you are not in a hostile work environment under the law.
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Old 02-06-2007, 09:59 AM
PAN1701 PAN1701 is offline
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Default Thanks for the advice!

My Union has taken up the matter with the Union attorney. He will be advising me on the Administrations illegal activities..ie...drug test without consent....giving false information to the DR who gives us yearly physicals (all which I passed, easily!!!!... in spite of the administrations illegal activities/false information)
If anyone is interested they can post and I will answer....or they can email me directly.

Once again....thanks for your comments!

As a side bar, and an FYI.....the Administration has since rewritten policies (still in draft form) for my, and others, in my position, to protect the administration and to make it extremely easy to incriminate the position holder.

Everyone agrees its a policy to protect administration and hang out to dry the position holder for any and and all reasons posible. (A 2 page policy became a 6 page policy to make sure that if we sneezed wrong...we are liable) Of course the Union is also working on that.

The problem is that the administration is flooding the Union (according to the Union Lawyer) with unreasonable policies, to deplete the Union of funds and to protect the administration while being able to put the blame on the workers for everything. But that's another story! :-)

Side bar 2....The union has had 6 grievances, in less than a year, that have all gone to arbitration (because the admin wouldn't give up) and the Unions has won ALL without a hitch. Thus the Admin wants to regain power and break the Union. You'd think they'd have better things to do.
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