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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50031
Experience:  Licensed attorney helping employers and employees.
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I am being harassed and threatened at work

Customer Question

I am being harassed and threatened at work
Submitted: 5 years ago.
Category: Employment Law
Expert:  Infolawyer replied 5 years ago.
what is your question? please provide more detail
Customer: replied 5 years ago.
I filed a complaint against my supervisor, because he threatened by job security regarding an issue that he was having with his spouse. I have since my threatened by his supervisor and treated with hostility by the HR dept. I have reason to believe that I will be terminated on Monday. I need help ASAP. I can copy and paste the emails that I received from them.
Expert:  Infolawyer replied 5 years ago.
What is the reason behind the harassment?
Customer: replied 5 years ago.

XXXXXXX@XXXXXX.XXX
reply-toXXX@XXXXXX.XXX
to Drew XXXX
date Sun, Sep 21, 2008 at 11:11 PM
subject Re: Fwd: USAA Funds Transfer Confirmation
mailed-by gmail.com
signed-by gmail.com
Images from this sender are always displayed. Don't display from now on.
hide details Sep 21 (5 days ago)

Reply

Nice job ace do you feel better about situation now that Jasmin is furious and talking about a separation. Do you feel as if you ballanced something out or is it just revenge because you are angry? Either way when I agreed to hire Ritah you promised not to let her come between our working relationship. And here we are. I should have trusted my gut feeling.
Sent via BlackBerry from T-Mobile

From: "Drew XXXX"
Date: Sun, 21 Sep 2008 22:58:31 -0400
To: XXXXX XXXXX
Subject: Fwd: USAA Funds Transfer Confirmation
- Show quoted text -
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Forward
from Drew XXXX
toXXX@XXXXXX.XXX
date Sun, Sep 21, 2008 at 11:19 PM
subject Re: Fwd: USAA Funds Transfer Confirmation
mailed-by gmail.com
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hide details Sep 21 (5 days ago)

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Dude, she will leave you if you don't tell her what she already knows. This is not my fault.
- Show quoted text -
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XXXXXXX@XXXXXX.XXX
reply-toXXX@XXXXXX.XXX
to Drew XXXX
date Sun, Sep 21, 2008 at 11:29 PM
subject Re: Fwd: USAA Funds Transfer Confirmation
mailed-by gmail.com
signed-by gmail.com
Images from this sender are always displayed. Don't display from now on.
hide details Sep 21 (5 days ago)

Reply

I don't know what you are talking about stop interfering in my mari ge. Stay away from my wife and I. Any more medding will be a declaration of war. Our 10 year friendship ends tonight. Perhaps we can salvage our work situation.
Sent via BlackBerry from T-Mobile

Customer: replied 5 years ago.
My supervisor's spouse called me regarding his infidelity. We were friends before the incident, so it complicated things, but no one from my company has done any investigation into my complaint...yet I am told that they will have a resolution by Monday.
Customer: replied 5 years ago.

The following is the correspondence that I received from HR. It includes my follow up emails, and the response that I received from the regional manager.


Drew,

I spoke to XXXX XXXX, and we agree that it is important to have a speedy resolution to your concerns and complaint of harassment, hostile work environment and fear for your safety around your store manager at 0229.

As I explained on our call today, our typical procedure would be to place you on a paid administrative leave or transfer you temporarily to another work environment until we can resolve your complaint. We would like to do what makes you most comfortable and the decision will be yours. Since you expressed concern about a loss of income, XXXXy will arrange for you to work tomorrow (Saturday) and Monday (if you are scheduled to work) in neighboring stores XXXX's Corner or Baileys Crossroad if you would like to take that option.

Our intention is to have a resolution by the end of day Monday. Please respond to us by email if you intend to be at either XXXX's or Baileys tomorrow. We request that you keep our conversations confidential and not discuss them with co-workers or other managers.

You mentioned having additional documentation that you would like to submit in writing, and I encourage you to do so. Thank you for your time today, and I regret that you did not feel it was the best forum in which to communicate.

Thank you,
Robin

Robin XXXX| Human Resource Manager | Tweeter
XXX XXX XXXX, XX, XX XXXX
T: XXX-XXX-XXXX| F: XXX-XXX-XXXX | E:XXX@XXXXXX.XXX

This is a private communication intended solely for the recipient addressed above. If you have received this communication in error, please notify us immediately and destroy this message and any attachments.

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Drew XXXX to XXX, XXX
show details 7:23 PM (3 hours ago)

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XXXX,
I know that you said you were going to call Mr. XXXX and talk to him about this matter. I was hoping to have the same opportunity. I would like to provide you some additional info regarding this issue. I feel as if I am being punished, and banished from my own store when I have done nothing wrong. I was expecting to meet some of my clients at the Fairfax store tomorrow. I would prefer to follow up with the clients personally. I am confident that I can continue to be a professional, I would just like to request that I not be in a store alone with Mr. XXXX.

Regards,
-Drew XXXX
- Show quoted text -
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Drew XXXX to XXX, XXXX, XXXX
show details 7:28 PM (3 hours ago)

Reply

Robin,
Thank you for your email. The store will have adequate coverage so that I am not in a one on one situation with Mr.XXXX tomorrow. I am planning on having the documentation that I intend to provide reviewed by an independent third party. I will do my best to provide it you as promptly as possible.

Regards,
Andrew XXXX
- Show quoted text -
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XXXX, XXX to me, XXXX XXXX
show details 8:17 PM (2 hours ago)

Reply

Drew,



Regardless of whether you are in a “one on one” situation with XXXX, working at the Fairfax store tomorrow through Monday is not an option. You classified the situation as a hostile work environment and therefore we feel it would be inappropriate to allow you to return to that situation at this time. We will continue our investigation and come to a resolution by the end of business on Monday.



Consider yourself on administrative leave through Monday 9/29/08.



Please do not persist in trying to convince us otherwise. Please do not show up for work at the store tomorrow. If you do, we will take further action, up to and including, termination of employment.



Thank you,



Anthony

Expert:  Infolawyer replied 5 years ago.
You should report the situation to HR and senior management at the meeting or beforehand. The conduct you describe does not fall under the categories of harassment actionable at law. (based on race, gender, age, religion)     You should consider having a third party mediate this dispute that appears to be a martial problem escalating out of control and that should have no effect on you as an innocent party and employee. The company's management and HR should understand that.
Expert:  Infolawyer replied 5 years ago.
I received your latest post after my comment. I think that you need to await the decision on monday. termination is possible at which time you may want to visit with a local employment attorney to seek out counsel for obtaining either reinstatement, reconsideration, severance, or possible litigation. From the facts you describe, I do not see a strong litigation case given employer discretion.
Expert:  Infolawyer replied 5 years ago.
i just
Customer: replied 5 years ago.
I asked for mediation, and It was not offered to me. They have done nothing to investigate the fact that my supervisor threatened my job security for an incident in which his wife reached out to help for helping with his addiction and infidelity. He has also been withholding commissions from me because of this issue.
Expert:  Infolawyer replied 5 years ago.
You should sue for your commissions without a doubt. A claim relating to the harassment I do not see other than working the internal channels.

Please accept my answer so that I get credit.

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