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Help! dealing with an hostile co-worker no HR here- Florida Florida

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  • Help! dealing with an hostile co-worker no HR here- Florida Florida

    Hi there!
    This person is a bully, I have already confronted him and notified to my Manager (we are only 6 people) so we have no HR department. Even though I have reported his behavior and my manager asked him to improve, it hasn't worked. I know there is no bullying regulation, but the last thing he did I think is not acceptable.

    He's been spitting in the office kitchen, which is a public space where we all handle food. Aside from being gross, I'm concerned because I'm 7 months pregnant and I'm afraid to catch any disease (cold, flu, who knows what else?) I've openly told him not to do it two times, arguing that is a lack of respect to the rest of us (I'm the only one here confronting him) but all I get back is insult and yelling.

    Is any legal resource I can use on my own? I know my manager just won't take any action...Is there any public sanitation law I can appeal to? How about small claims court? Can I persuade my Doctor to write a note saying that his behavior is not acceptable and can be potentially hazardous towards my pregnancy? Please any advice on how to effectively deal with this situation and making him stop is greatly appreciated.

  • #2
    I know there is no bullying regulation

    There you have it.

    This is an internal matter. It's a shame that the manager won't take any action but this is not a legal matter. You can't go to small claims because you have no damages. A doctor's note has no force in law. You can ask the health department or OSHA but if they can't help you I'm not seeing any other recourse.
    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.


    • #3

      Thanks, I'll call OSHA, see how it works


      • #4
        Are you a small location of a larger company? If so, you can contact company headquarters and see if they'll intervene since your immediate manager won't do anything about this pig of a co-worker.


        • #5

          Hi, well, yes I'm in a smaller location of a large company, however, the H.Q is located in Asia...and I have no idea if HR there will deal with this situation. I think they will ask me to act accordingly to the U.S. regulation which is pretty much non-existent.

          In any case, if it happens again, I'll take your advise into consideration and I'll write the complain to HR there... for now I think I'll ask my doctor to issue a note, even though has no force in law, I believe it can help to make him understand his behavior is wrong.

          Thank you so much for your reply


          • #6
            Depending on where in Asia the company HQ is, they may not see spitting as a problem. Nor may they see a male employee acting like an enormous jerk (especially towards a female co-worker) a problem.

            I believe it can help to make him understand his behavior is wrong. That would be nice but I don't expect it will make a bit of difference. People just do NOT go around spitting in the workplace, especially an office, which I'm sure he is well aware of. He simply doesn't care. He's a pig and he's undoubtedly enjoying it. I expect he's also enjoying seeing you get upset.


            • #7
              I think you are right in the sense they don't see a problem when male co-worker is acting as a jerk towards a female co-worker, and I believe that is why my manager hasn't taken any action. However, I know they don't like the fact he's spitting in the office. The funny part is that he's American, not Asian and I haven't seen any of my Asian co-workers acting like that.

              Of course, he's very aware of the situation, he doesn't care, he's enjoying it and enjoys getting me stress out especially on my condition, That is why I was hoping for any legal resource, but it seems I need to catch a disease from his action for the law to step in...
              Last edited by ervicep; 03-20-2009, 04:21 PM. Reason: spell checking


              • #8
                There is no need to take legal about this matter..

                Communicate with other superiors about his behaviour if your manager can't take it...


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