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Housekeeper issues

Discussion in 'Discrimination & Sexual Harassment' started by Lirpa Christine, Mar 11, 2017.

  1. Lirpa Christine

    Lirpa Christine Law Topic Starter Guest

    Jurisdiction:
    Illinois
    Hello,
    I'm just looking for some legal information on employee bullying and making physical contact. I am a housekeeper at a hospital, I've almost hit my 3 months to where my probation will be lifted and I absolutely love my job! Unfortunately there is an older Mexican housekeeper who is our team leader that has not liked me from the beginning. This lady has literally complained or yelled at me every time she sees me and honestly most the time I don't understand her because her English is broken, but she started having another housekeeper translate so I could really understand what she's badgering me about. Turns out she has been mad at me because she thinks it's my responsibility to finish up everyone's duties on second shift that they can't and it's just not possible because I have all my own work. I spoke to my acting director and he told me he would talk to her and explain to her that if she has any issues with me she will need to go to him so he can talk to me about it, he told her specifically to stop yelling at me and let me do my job. Well the other night this lady got even more mad and apparently was waiting for me at the door because she wanted to really lay into me, the guy housekeeper who has been translating for her to me told me she refused to do her job because she needed to make sure she told me what she wanted before she left. I am on third shift so I start at 10:30 p.m. and after I clock in I go to the Penthouse to put my lunch away and she was there with the guy housekeeper just waiting for me. She started yelling at me and I told both of them I already talked to our director and if you have an issue you need to talk to him, she yelled more. I looked at her and told we're not doing this again, I was done and started walking away, but she came up behind me and grabbed me by the arm and wouldn't let go. I told her like three times to let me go and I honestly don't remember if I was able to yank my arm away or she finally let go. I called my director and told him on his voicemail the main parts of the story and asked for him to call me asap. I definitely feel that was her way of retaliation because I made a complaint about her earlier that day and my director said they take this behavior very seriously, he called Human Resources and got mine and the other housekeeper statement, but my concern is there any consequences for her actions? How long does Human Resources usually take to read a statement and contact whoever to get some sort of action taken? I feel so uncomfortable at work now and literally walk out of my way to avoid her, it's only been a couple days, but still I don't want to be near her. She seems like she needs anger management classes because she has been nonstop nagging at me for everything reason. Can someone please shed some light on my situation!?
     
  2. army judge

    army judge Super Moderator

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    If any assistance is available for you, you'll find it using your chain of command and/or your human resources department.

    There's nothing available to you QUICKLY outside of your organization.

    In some cases, seeking new employment is the easiest, quickest answer!!!
     
  3. Lirpa Christine

    Lirpa Christine New Member

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    Other employment isn't an option for me, besides she is the one getting physical and yelling at me. Do people not get terminated for this?
     
  4. Betty3

    Betty3 Super Moderator

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    Has she left you alone (has it stopped) after/since HR was contacted? HR doesn't have to tell you what action they might have taken against her. The important thing is that it stops.
     
    hrforme likes this.
  5. Lirpa Christine

    Lirpa Christine New Member

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    I have been avoiding her last couple days. Do people usually get fired for this kind of behavior? I was told, it's considered battery. Another co-worker who was my witness said this isn't her first complaint, but first time getting physical with someone. Does that affect what has happened now or no because it was someone else that made the complaint?
     
  6. army judge

    army judge Super Moderator

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    I can't say what your employer will do.
    I'll let you judge your employer's actions.
    No employer is required to tell you what discipline is meted out to other employees.
    No employer is mandated to terminate any employee because employees have "beef" with each other.
    It appears to me that your employer will continue to pretend to care and do nothing.
    No surprise, because that's what employers usually do in petty matters such as these between lower level employees.
    So, if you can endure the abuse, I'm sure the she beast supervisor will continue to dish it out to you.
    Please, continue to enjoy, because changing employment isn't an option for you.

    One last comment, in most of the cases similar to yours, the one who complains usually gets the boot.
    Why?
    It seems to be employers tend to take the side of known, long term employees, over new employees; especially if one is a supervisor or above!
     
  7. army judge

    army judge Super Moderator

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    If she physically attacks you, call "911" and report the attack.

    The police won't tolerate one person thumping on another person, supervisor or even the administrator of the hospital.

    As far as yelling, not much will happen about that, but physical attacks, lots will be done by the law.
     
    Lirpa Christine likes this.
  8. Lirpa Christine

    Lirpa Christine New Member

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    Thanks for your opinion.
     
  9. Lirpa Christine

    Lirpa Christine New Member

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    Thank you . I did already talk to security and he said the same thing, it's battery and if nothing gets done by Human Resources I can file a police report. I was told by several people that know the situation and have been here for years, that she's more than likely going to be fired. This director is the one who called Human Resources to let them know what she did, not me and he seems mad because the last director let her get away with a lot.
     
  10. army judge

    army judge Super Moderator

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    Great, don't allow anyone to assault you.
    Anytime someone hits you, shoves you, or attacks you; don't wait one second in calling the police.
    We, taxpayers, pay the police to protect us.
    No need to argue, shout, even warn the attacker; simply seek safety and dial "911".
    Then, no matter what, stand your ground and file that police report and cooperate with the prosecutor in making sure the attacker gets his/her day in court.

    No job, even one that paid you $500,000 an hour allows a supervisor (who is just another employee) to beat you up.

    Its your body, and you shouldn't let anyone to get away with attacking you.

    You aren't selling humanity, dignity, or body to your employer.
    You're selling your labor and your brain.
    Good luck, you can get a job, but you can never get your reputation, dignity, and humanity back after some bully steals it.
     
    Lirpa Christine likes this.
  11. Lirpa Christine

    Lirpa Christine New Member

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    Thank you, you are so correct and that's one major thing I was worried about, getting a bad reputation. I'm not sure how far this will actually go, I'm not the type to bring it to court or anything that serious, but you never know what is going to happen. I don't trust her, she may retaliate again in another way, but if anything else happens I'm definitely going to file with the police. I was told by a co-worker that if Human Resources doesn't do anything to her for her actions I could actually sue the hospital, is that true?
     
  12. cbg

    cbg Super Moderator

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    Just an FYI, there are no circumstances whatsoever under which an employer is required to fire someone. It is not your right to decide what action they should take or demand that they take any particular action. Nor is it your right to know what action HR takes.

    Read that again just to be sure it is clear. HR HAS NO LEGAL OBLIGATION TO TELL YOU A SINGLE THING ABOUT WHAT ACTION THEY TAKE OR EVEN IF THEY TAKE ANY ACTION AT ALL.

    You have the right to file a police report, but it is no more your right to determine what action the employer takes as it is your right to determine what action the police take.
     
  13. Lirpa Christine

    Lirpa Christine New Member

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    I understand. I am just going off what I've been told from other employees at the company that have been there for awhile and I just don't understand why they would want to keep an employee that is a danger to others. I guess I'll just have to wait and see what happens, there definitely should be action taken and if not I'll take it as far as I need to to get them to realize she's not going to have this behavior towards me or anyone else. No one should get away with getting physical with another, especially at your place of employment. That's just ridiculous, Human Resources has to do something, if they don't want to tell me that's fine, but she can't just simply get away with that!
     
  14. cbg

    cbg Super Moderator

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    You missed the point. All they have to do is make any unlawful behavior stop. They not only don't have to tell you what they did, they don't even have to tell you if they DID do something. Your co-workers who are telling you that you can sue if they don't do anything are wrong. They can do absolutely nothing but say to her, "Sally, you can't do that anymore" and if she stops, they've done everything the law requires them to do and you have NO legal recourse. But of course, you don't get to know if they said, "Sally, you can't do that anymore". You can't sue because they don't fire her. Not if she stops any illegal behavior.
     
  15. Lirpa Christine

    Lirpa Christine New Member

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    Got it. I just don't understand how any company would want to keep someone like that around especially when she already has other complaints filed against her, it's just ridiculous.
     
  16. cbg

    cbg Super Moderator

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    I don't know that they will. For all either of us knows, they WILL fire her. What I am telling you that it is not your right to know, decide, or demand what action they take, and as long as any illegal behavior stops you have no cause of action if they don't take the action you want.
     

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