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  • #16
    If it worked for you, it worked. I'm just pointing out that it isn't a sure fire way of accomplishing what the OP wants. There is no sure fire way of making your employer fire someone. No law states that you must fire an employee who is the subject of a lawsuit.
    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


    • #17
      RLMAO!!!! A class action for what? I find that extremely hard to swallow, and you must have found an ambulance chasing laywer (idiot) to take the case, which by the way would have been thrown at summary judgement.
      Somedays you're the windshield and somedays you're the bug.

      Comment


      • #18
        Oh my God. That was hillarious. Who in the . . . world would have ever have thought to put those scenes together? I laughed my . . . head off.

        Back to the issue at hand, I've seen it where a very unpleasant boss can be sued succesfully for intentional infliction of emotional distress. But it's very rare. In that case, the female minority supervisor was continuously making racial slurs to her white female underling. The defense was that she also said racial epithets to the minority underlings - an "equal opportunity" jerk. The difference there, and the reason it was succesful, was that the basis for the rudeness was racial and the behavior was out of this world outrageous. I haven't inferred any racial or legally protected basis from the OP's posts. And, FWIW, the boss sounds like a jerk but does not appar to be doing something so outrageous that an ordinary person's jaw would drop to the floor. At least, it doesn't come across that way in print. But I'm not there.

        I think the poster that encouraged the team approach to standing up to the boss has the best idea. Bullys back down from solid teams.
        Any advice provided does not create an attorney-client relationship. This is a public forum and therefore no confidentiality is assured. Attorney Joel Grist does not enter into an attorney-client relationship without a written representation agreement.

        Comment


        • #19
          Originally posted by joec
          Hey mlane58 put the attitude in check.Washington courts have recognized the tort of intentional infliction of emotional distress. For liability to attach, the conduct must be so outrageous in character and so atrocious that it is utterly intolerable in a civilized community. The basic elements include:
          (1) extreme and outrageous conduct;

          (2) intentional or reckless infliction of emotional distress; and

          (3) actual result to the plaintiff of severe emotional distress.

          In Robel v. Roundup Corp., the Washington Supreme Court, in reinstating a trial verdict in plaintiff's favor, held that the appellate court erred in finding that vulgar name calling by coworkers did not constitute extreme and outrageous conduct as a matter of law. Further, the court held that the employer could be vicariously liable for the coworkers' vulgar comments exchanged while the employees and plaintiff were conducting their job duties, rejecting the argument that the employer could not be liable because the behavior was outside the scope of their employment.

          In some situations, employers can also be liable for the negligent infliction of emotional distress. This claim is not available, however, to recover for emotional distress flowing from normal workplace disputes or personality conflicts. Also, the plaintiff's emotional suffering must be manifested by objective symptomalogy, and must be the reaction of a reasonable person.

          Below is an example of employees with a possible cause of action under Robel:

          http://www.youtube.com/watch?v=J1zLFZpApbE

          JoeC
          IARLMAO NOW! a link to utube-good one! Oh and my attitude is just fine.
          Somedays you're the windshield and somedays you're the bug.

          Comment


          • #20
            Originally posted by mlane58 View Post
            RLMAO!!!! A class action for what? I find that extremely hard to swallow, and you must have found an ambulance chasing laywer (idiot) to take the case, which by the way would have been thrown at summary judgement.

            Your opinion to which you too are entitled, of course. Further Mlane58, I am pleased to know that you expanded your lungs and took in great amounts of oxygen, this too is healthy for you. Could easily infer from your finding this so humerous that the directors style of management somehow meets with your approval.

            Perhaps today you are the bug?
            Last edited by BnThrDnTht; 05-31-2007, 06:27 AM.

            Comment


            • #21
              Originally posted by GaOvertimeLawyer View Post
              Oh my God. That was hillarious. Who in the . . . world would have ever have thought to put those scenes together? I laughed my . . . head off.

              Back to the issue at hand, I've seen it where a very unpleasant boss can be sued succesfully for intentional infliction of emotional distress. But it's very rare. In that case, the female minority supervisor was continuously making racial slurs to her white female underling. The defense was that she also said racial epithets to the minority underlings - an "equal opportunity" jerk. The difference there, and the reason it was succesful, was that the basis for the rudeness was racial and the behavior was out of this world outrageous. I haven't inferred any racial or legally protected basis from the OP's posts. And, FWIW, the boss sounds like a jerk but does not appar to be doing something so outrageous that an ordinary person's jaw would drop to the floor. At least, it doesn't come across that way in print. But I'm not there.

              I think the poster that encouraged the team approach to standing up to the boss has the best idea. Bullys back down from solid teams.
              Thank you. I too agree that team approach is of utmost importance when attempting to create a healthy work place enviornment.

              Comment


              • #22
                Originally posted by BnThrDnTht View Post
                Your opinion to which you too are entitled, of course. Further Mlane58, I am pleased to know that you expanded your lungs and took in great amounts of oxygen, this too is healthy for you. Could easily infer from your finding this so humerous that the directors style of management somehow meets with your approval.

                Perhaps today you are the bug?
                Don't be so arrogant in your assumptions. I don't agree with the managment style, the bottom line is, the OP doesn't have a case for a hostile work enviroment under the law. To suggest that the OP bring a class action suit is ridiculous. The OP should bring the behavior issues to the attention of upper management to include HR which the OP didn't indicate they have done. By not doing so, it can and will destroy an organization, it's structure and any sort of productive and harmonious culture they may have thought of having.
                Somedays you're the windshield and somedays you're the bug.

                Comment


                • #23
                  I'd like EVERYONE to calm down and ditch the attitude. This is not a request.
                  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


                  • #24
                    Originally posted by mlane58 View Post
                    Don't be so arrogant in your assumptions. I don't agree with the managment style, the bottom line is, the OP doesn't have a case for a hostile work enviroment under the law. To suggest that the OP bring a class action suit is ridiculous. The OP should bring the behavior issues to the attention of upper management to include HR which the OP didn't indicate they have done. By not doing so, it can and will destroy an organization, it's structure and any sort of productive and harmonious culture they may have thought of having.
                    Perhaps it would behoove you to reread the OP's statements as he does say that he and others have been to management and HR. Perhaps in your haste to fall to the floor and laugh your a$$ off you missed it. Who knows? Most likely in your rush to judgement and critisims you neglected to actually read all that the OP had to offer.

                    Direct quote from Drizzle OP: My cousin and myself have gone to our manager about this 3 times and the director of the area 2 times, everytime getting told things would change but like clock work every 6 months or so a big argument happens as it did today. We accually had a previous employee go to HR twice and was eventually transffered to a different department.

                    I see no solution offered by you to the OP for his delima. Yet you wasted no time making snide remarks toward me for presenting a scenario that did in deed take place. I don't see how the success of a group of decent employees working together to create an enviornment where work was done instead of constantly being hindered by a bully supervisor holds such little value for you. One that a well respected Attorney in this community happened to have a similar case as. It also happened to resolve the large turn over ratio once this woman was removed. Which by the way saved tens of thousands of federal tax dollars as this is how the program was funded.

                    Decent employees expecting decent treatment from management, is that too hard of a concept for you to understand?.

                    Good Day

                    Cbg before you intervene this is my last comment directed to this happy little person so no need to bring me in check.
                    Last edited by BnThrDnTht; 05-31-2007, 09:57 AM.

                    Comment


                    • #25
                      Hey CBG I was editing when you posted. I will behave. Thanks for the reminder. By the way aren't you supposed to be napping for your third shift? ... ...

                      Comment


                      • #26
                        No such luck BTDT. I'm still around during at least part of the day. You're stuck with me whether you like it or not.

                        You are not being singled out - I'm talking to everyone who participated in the last few exchanges. But I am quite serious about it. I'm also trying to decide whether I'm simply going to delete the offensive posts and be done with it.

                        I suggest you guys not try my patience further.
                        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


                        • #27
                          Yes ma'am CBG, and I say this with respect not out of sarcasim. Didn't mean to imply we should have a field day in your absence. In fact I thought you monitored the board on a regular basis. Working thrid shift dosen't necessarily mean you should be abed the other 16 hours. Was, I suppose, a sad attempt at humor to let you know I knew you were watching thats what the emoicons was about.

                          Just can't for the life of me understand why mlane58 felt the need to attack me, sounded very childish and unnecessary, IMHO.

                          The OP seems to have a serious and possibly life altering situation. (These are human lives we are dealing with not a game.) He/She seemed to be reaching out for help in hopes that the situation can be improved. I simply stated what I knew to be a fact and what worked for a select group of people under similar circumstances. Found nothing funny about the situation we had, nor did I find humor in seeing the director terminated. Just boiled down to one bad apple and rather than keep throwing out the whole barrel the administrator realized that just the apple with the rotten spot needed to be removed.

                          Have a Good one CBG, and of course if you are of a mind to feel free to delete any of my posts that you find offensive. I like many others do tend to make inflamatory statements when put on the defense.
                          Last edited by BnThrDnTht; 05-31-2007, 10:28 AM.

                          Comment


                          • #28
                            You haven't been here as long as JoeC and Mlane so maybe you don't know that comments such as mine, above, should be "heard" in the tone of an exasperated mother whose kids are bickering at the end of a long day. I want you to stop fighting and play nicely in the sandbox, but I still love you.

                            My usual schedule, on the nights that I work third shift, is to sleep mornings and evenings and be on line during the afternoon. There are exceptions but that's standard. I do monitor the board quite reguarly but when I first log on sometime between noon and one (usually) it takes a while to go through everything that's transpired over the last several hours. It takes less time when I first log on at night because there's less activity in the evening hours.
                            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


                            • #29
                              Thank you Joe. The new kid got all the sand out. No harm no foul I suppose. Just amazes me how the a person unknown to me never met, undoubtly don't care to meet, has the brass call me a liar. Just goes to show the narrow mindlessness of some people I suppose. Regardless Joe thank you for coming to my aide. Sure hope the OP was helped through all this.

                              Have a good night.

                              Comment


                              • #30
                                Okay, guys, let's drop it now, shall we?
                                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

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