is my boss allowed to text me at 11pm at night?
Hello and thank you for the question. I am sorry to read of this dilemma. There is not a rule, sadly, that bars the employer from doing so. if it is being done in violation of a company manual or handbook, you may report it to HR and management. If it is being done to harass, you may consider also a lawyer complaint and a police complaint. Otherwise, late night texts standing alone especially if work related, while discourteous, are not illegal.
I have found an entire file where it seems my boss is making things very difficult for me. He has tracked my last vacation, including every place I stayed ie hotels, etc. He went through my garbage and taped a terrible venting note back together and is now keeping it in his briefcase and he stole a 3 year old minor misdemeanor citation and backup from my workspace. This has all started since my divorce. I also believe he sent secret valentines to my home address under a code name "v-tine". All of this is really scary to me I need help.
Is there a senior management level above this person?
He is a senior vice president. I am his Executive Assistant.
I am very sorry this is happening. You have a few options. First, you may report it to his direct supervisor and to HR. They will likely take action as otherwise the company as a whole could be sued. You may also file a police complaint and get a restraining order through the police. Finally, a lawyer may send a warning/cease and desist letter both to him and to senior management/HR putting all on notice that unless this stop, you will take legal action.
As far as the "cease and desist" letter is that only based on him sending the valentine to my house? Is there anything I can do about him stealing my documents? Can he use the vent note that I wrote out and then tore up and threw in the trash to terminate me? It was a really bad note, nothing at all negative about the company it was a me using a suggested treatment method by my therapist to vent about my recent divorce and it was immediately thrown away, I am very upset - I could not eat all day or sleep. I want to keep my job, things have been hard enough.
The letter would cover all improper conduct on his end. Regarding items taken, the letter could demand their return. You can of course bypass this step and proceed to sue him for an injunction and file a complaint with the police and senior management/HR. It sounds like this has gone beyond nuisance and clearly harassment so no reason for you take small steps. You can proceed to alert the company, file with the police and get the court involved to recover your damages. I am terribly sorry you are going through this.
Can he use the note that I tore up and threw in my work trash to fire me? He has taped in all back together, it was in my work trash at my cube does he legally have the right to pull this and use this against me?
No basis for using that as a pretext. You would have a strong claim for harassment, retaliation and discrimination in light of the laundry list of misconduct on his end.
I found these items while doing an emergency clean up of his office, so if I found these documents in his briefcase while conducting clean up and putting other items away for him could they find any reason to hold this against me or could he use it against me because i left the note he taped back together but i took my file copy of the misdemeanor citation. Can he come back at me and say this is now theft, even though it was mine to begin with?
You have no reason to worry. He has no defense or excuse for his conduct. If wise he should stop and avoid all contact with you. Company should coordinate it and most would terminate him.
This is a big company with a huge legal department. I am sick worried, I've been to a therapist, I've been cutting, I don't know what to do, can you please tell me I really really need help - should I first go to HR or should I go see an attorney. They will fire me, I am a single mom I cannot afford to lose my job I get no support from my ex. I'm scared this company will find a way to fire me if I make waves.
If concerned have a lawyer deal with company legal dept. this raises your leverage as does filing a police complaint. The facts you provided are a strong case and company would be foolish to retaliate.
More than anything I just want to keep my job. So if I approach HR to establish a record how can I be sure he wont destroy documents that are in his briefcase, I copied the journal/venting note that he taped back together- you can see this clearly and I copied the location notes of each place I stayed on vacation - he clearly wrote each hotel and cottage, but I do not have all the post-its. Will this end up being my word against his?
Hr usually will accommodate you. It is unlikely to retaliate. More likely to terminate the harassing employee. Do not worry. Wish you all the best.
One final question - should I take that file from his briefcase directly to HR.
I would not do that. You have sufficient to report without it. Have a nice evening. Kindly give me a positive rating.
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