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Is there anything I can do related to my wife (60 y/o) reporting

 
JD 1992's Avatar
  • Answered by:JD 1992
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Customer Question

Is there anything I can do related to my wife (60 y/o) reporting to me that she and her staff is being bullied at work. The person who is causing the problem is another manager who is at her same level. With tears in her eyes, she told me that she needs her job so she has to continue to keep going. When she did report it to her boss and HR about the situation, they told her that she is overreacting and that he is "harmless" and the fact that she is causing discord in the department that she is equally at fault for this discord and that she should cease any action or she will be fired. She works with another male manager who is having the same experiences with this individual and was also warned about complaining. My deep concern is not just for the "off color" emails that he has sent around to other employees (her boss and HR have seen the emails), but especially the fact that he has brought a "fancy" functioning rifle in to work as a show-and-tell item. He has also boasted that he keeps a gun in his car.
My wife is a very competent person and she keeps telling me that she is OK but she is loosing sleep and she is showing many signs of stress and depression. I TRULY can not tell my wife what to do. She would not respond well to me if she knew that I was doing anything about what's going on. I do think that she is in a potentially unsafe environment. Is there any action that I could independently take? I DON'T WANT TO GET MY WIFE FIRED

 

Optional Information:
Country relating to Question: United States
State (if USA): Texas

Already Tried:
I have told her I would support her quitting. She is aware of EEOC. She has a great deal of legal training, but it seems different when it is happing to "You" and not someone else. She is in a mid level management position. I am in poor health and she has told me that she will handle "it".

Submitted: 275 days and 1 hours ago.
Category: Employment Law
Value: $48
Status: CLOSED
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Expert:  JD 1992 replied 275 days and 1 hours ago.

Why do you think this behavior is occurring?

Customer replied 275 days and 1 hours ago.

He may be angry that he was passed up for a permotion.

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Expert:  JD 1992 replied 275 days and 1 hours ago.

Unfortunately, in Texas there is nothing illegal about what they are doing unless it is motivated by race, age, gender, etc. There are no "anti-Bullying" laws in Texas yet. If he is just an ass or mad then there is nothing that can be done.


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Customer replied 275 days and 1 hours ago.

What about the implied intimidation related to the guns?

Customer replied 275 days ago.

What about the implied intimidation related to the guns?

Edit

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Expert:  JD 1992 replied 275 days ago.

There is no Employment Law that covers this. She could report it to the police, but it really isn't a crime unless the "implied" part was pretty specific.

What were the topics of the "off color" emails and were they directed to her?

Customer replied 275 days ago.

They were emails that were sent to her two female employees, over the last few weeks that included explicit Jokes that included masturbation and referring to male genitals. The email were also sent to her boss (and also a department attorney) and he didn't seem to think that it was a issue. He responded to my wife that it was only "**ndy" being "**ndy". Her boss is 6 months from retirement and "**ndy" is a 20 year employee.

Accepted Answer

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Expert:  JD 1992 replied 275 days ago.

It could be a sexual harassment and "hostile workplace" issue but not unless the emails were sent to her or shown to her by this guy. However, that is your only option at this time and so what she may want to do is contact a local employment law attorney and have him draft a letter to the company complaining of the "work environment" and cite the emails as well as the gun issues. You're going to have to get a local lawyer involved because that will make them start watching the actions and may get the man moved somewhere else, particularly if the women who received the emails are questioned and say that they found it offensive and harassing.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 97.0 %
Accepts: 2095
Answered: 7/16/2012

Experience: Employment Law Expert

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Customer replied 275 days ago.

Thank You

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Expert:  JD 1992 replied 275 days ago.

Best wishes to you and your wife.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

 
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