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So bizarre...hostile workplace. Arizona

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  • So bizarre...hostile workplace. Arizona

    I spent 16 years with a big, fancy corporation until I got laid off. I feel lucky to have gotten another job, but it is so strange that it's wearing on my nerves. It's much more blue collar with lots of uneducated and uncouth people, but they're good folks in general and that's not my issue.

    My manager won't speak to me. He runs when he sees me and will give messages to other people to relay to me. If he can't avoid being in the same space with me, he won't make eye contact and turns to speak as if I were standing 3 feet to the left. He also random edits people's timecards to eliminate overtime and mis-report when they work 7 days in a row (that triggers double-time for the 7th day). He is especially vigilant about deleting all of my overtime, but I can't say anything because I haven't been there 90 days yet.

    The clerk in our area is a vile, nasty, vituperous woman who will scream and cuss at you whenever she feels like it. She will hunt people down to read them the riot act for things they didn't do. She butts into conversations just to start fighting with people. Roughly 30 people have gone to the manager to file incident reports on the clerk screaming at them and in some cases, poking them in the chest. She is also infamous for making lewd and vulgar sexual remarks and making advances on guys when she gets them alone.

    Both these folks are made of Teflon. They have both been dragged to HR multiple times, but HR is so conservative and the allegations so extreme that they don't believe the people making the reports.

    At what point does a miserable and unfair workplace become a hostile workplace? Is refusing to discipline flagrant violators of company policy enough? Other people have been walked out for less, but they utterly refuse to deal with these two loose cannons. It's distressing to hear the disgusting things the clerk says to different people and be unable to interact with my boss because he runs for the hills when I get near.

    If I get past my probation, what can I do? Do I escalate it up to the corporate level or is there some govt agency which can help? Or should I just sit down and shut up and be thankful to have a job?

  • #2
    Read the following. Past that some of the things you describe are illegal (not paying for time actually worked for example), but much of what you describe (such as your boss hiding from you) is not. You need to separate out the illegal items from the legal items. Past that (read the article), but "hostile work environment" has a very specific meaning under the law. It only applies when very specific laws are being broken. Your boss hiding from you is not remotely a hostile work environment.

    http://www.wisegeek.com/what-is-a-ho...nvironment.htm
    Last edited by DAW; 09-30-2011, 11:56 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Das ist in der Doktor!

      Originally posted by hamster in a wheel View Post
      If I get past my probation, what can I do? Do I escalate it up to the corporate level or is there some govt agency which can help? Or should I just sit down and shut up and be thankful to have a job?
      Sit down, shut up,
      .. and be thankful to have a job.

      .._________________
      ~ When they discover the center of the universe,
      a lot of people will be disappointed to discover,
      .. they are not it.

      Comment


      • #4
        I muddled two situations together, I guess. Failing to deal appropriately with the clerk sexually harrassing and battering fellow employees is the hostile work environment.

        My issue is that I am a woman and my boss will not interact with me. Won't communicate by email, won't talk to me, informs me of my schedule by telling someone else, doesn't assign me any work, won't provide me with access to tools and information I need to do my job, "forgets" that I work there and falsifies records so it appears that other people did the work that I did. That's what? Gender harrassment? Is that a thing?

        Comment


        • #5
          Sounds like the perfect job

          Originally posted by hamster in a wheel View Post
          I muddled two situations together, I guess. Failing to deal appropriately with the clerk sexually harrassing and battering fellow employees is the hostile work environment.

          My issue is that I am a woman and my boss will not interact with me. Won't communicate by email, won't talk to me, informs me of my schedule by telling someone else, doesn't assign me any work, won't provide me with access to tools and information I need to do my job, "forgets" that I work there and falsifies records so it appears that other people did the work that I did. That's what? Gender harrassment? Is that a thing?
          No, gender harassment is not a “thing”
          So, ya got a bashful boss will not interact with you, won't communicate by email, won't talk to you, informs you of your schedule by telling someone else, doesn’t assign you any work, won't provide you with access to tools and information you need to do your job, "forgets" that you work there and falsifies records so it appears that other people did the work that you did. It could be worse, he could take all the credit himself. Nothing he is doing is illegal, boorish perhaps, but NOT illegal. As long as it doesn’t affect your pay check,
          what do you care?
          As for the clerk that likes to play grab @ss, until it’s your @ss that gets grabbed I suggest you MYOB,
          and as my supervisor once told me,
          shut up and go to work.

          ..____________________
          ~ We’re sorry, but the position of God has been filled.
          There is however a need for an @sshole.
          I applied for the job but was turned down,
          …over qualified

          Comment


          • #6
            You all sound like you would fit right in. I think drruthless already works there.

            I took the job so I do a job, not just get paid and perpetuate a stereotype of the token woman.

            I came here for perspective and all I got was attitude. That's fine. Peace out.

            Comment


            • #7
              I have a question for you, and it's a sincere question, because you are there and I'm not. If you can answer it, please do. If you cannot, you may want to consider what it means that you can't.

              If you went to court tomorrow, what EVIDENCE would you be able to show that your boss's attitude is due to your gender and not to something else? After all, you were female when they hired you.

              Drruthless, you're going a little over the top a bit too much for my liking these days. Dial it back a bit, okay?
              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 you don't get paid for all the time you work, you can file a wage
                claim with your state's DOL.

                http://www.docstoc.com:80/docs/10384...laim---Arizona

                Even if you haven't been there 90 days, you have to be paid for all time worked.
                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


                • #9
                  Three observations: First, the OP does not appear to have any basis for pursuing a hostile work environment claim vis-à-vis the female clerk. As a general matter, federal, state and local anti-discrimination laws do not prohibit obnoxious individuals from being rude and inappropriate with everyone they encounter. With regard to her coarse sexual banter, her male coworkers are in a better position to complain to HR about her lewd comments.

                  Second, the federal and state courts do recognize gender-based harassment (separate and apart from “traditional” sexual harassment). If, for example, (1) a male employee makes a unrelenting series of “jokes” and other comments denigrating female employees and adversely affecting their ability to do their jobs, (2) one or more of the women complain to management and (3) the male employee nonetheless continues to insult them regularly after the lodging of the complaint(s), his comments could amount to gender-based harassment against the affected female employees. Conceptually, such harassment is analogous to race-based or religion-based harassment.

                  Third, the circumstances described by the OP suggest more of a gender-based disparate treatment situation than a harassment situation. The problem is not so much her supervisor avoids her. The salient issue appears to be her supervisor does not provide her with the requisite tools and/or information to do her job.

                  If the supervisor is just a bad manager and does not provide other subordinate employees with the requisite tools and/or information irrespective of their gender, then it is hard to fathom how the OP could advance a disparate treatment claim. If, however, the supervisor’s demonstrated “inability” to communicate and/or assist extends only to the OP (or the OP and other female subordinates), then the OP may have a basis for claiming gender based disparate treatment.

                  The OP faces a “Hobson’s Choice.” If she waits for probationary period to end, she could face unmerited discipline or termination for failing to do her job adequately because she does not have the requisite instructions and/or tools. On the other hand, she could complain to HR about her supervisor prior to the end of probation and risk that the company will retaliate against her for reporting him. Either course of action has its risks.

                  If the OP decides to lodge an internal and/or external complaint, she should lead with the overtime dispute. The overtime issue should prove easier to confirm or establish than the disparate treatment issue.

                  For the foregoing reasons, the OP should probably consult directly with an employment attorney to weigh her legal options and the commensurate practical implication

                  Comment


                  • #10
                    Originally posted by hamster in a wheel View Post
                    I spent 16 years with a big, fancy corporation until I got laid off. I feel lucky to have gotten another job, but it is so strange that it's wearing on my nerves. It's much more blue collar with lots of uneducated and uncouth people, but they're good folks in general and that's not my issue.

                    My manager won't speak to me. He runs when he sees me and will give messages to other people to relay to me. If he can't avoid being in the same space with me, he won't make eye contact and turns to speak as if I were standing 3 feet to the left. He also random edits people's timecards to eliminate overtime and mis-report when they work 7 days in a row (that triggers double-time for the 7th day). He is especially vigilant about deleting all of my overtime, but I can't say anything because I haven't been there 90 days yet.

                    The clerk in our area is a vile, nasty, vituperous woman who will scream and cuss at you whenever she feels like it. She will hunt people down to read them the riot act for things they didn't do. She butts into conversations just to start fighting with people. Roughly 30 people have gone to the manager to file incident reports on the clerk screaming at them and in some cases, poking them in the chest. She is also infamous for making lewd and vulgar sexual remarks and making advances on guys when she gets them alone.

                    Both these folks are made of Teflon. They have both been dragged to HR multiple times, but HR is so conservative and the allegations so extreme that they don't believe the people making the reports.

                    At what point does a miserable and unfair workplace become a hostile workplace? Is refusing to discipline flagrant violators of company policy enough? Other people have been walked out for less, but they utterly refuse to deal with these two loose cannons. It's distressing to hear the disgusting things the clerk says to different people and be unable to interact with my boss because he runs for the hills when I get near.

                    If I get past my probation, what can I do? Do I escalate it up to the corporate level or is there some govt agency which can help? Or should I just sit down and shut up and be thankful to have a job?
                    Having a boss who is completely social inept and a clerk who's a nasty witch does not constitute a hostile work environment - at least not for you. Any of the men she's putting the moves on may wish to make a claim for sexual harassment but since she hasn't made advances towards you, you have no claim to make.

                    HR can only deal with this vile woman if more senior management will allow them to and almost certainly they haven't been given the authority to do so.

                    If your time card is being altered so that you aren't being paid for overtime you worked, you CAN do something about that - file a complaint with your State's department of labor/wage and hour division.

                    I suggest you start a job search and quit this job when you find a new one. Good luck.

                    Comment

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