Job Harassment

[California_Mom]

My Daughter is been working for this Company for approx. 1 year. She has been having trouble with an Ass't Boss whom has been Harassing her in front of co-workers and costumers.She has no write up's and even comes in on days off when short handed. She has been offered a Ass't. job as well and ever sence this man has been on her back..Causing her to loose sleep not eat and she cry's alot..She has tried talking to him along with the Head boss who by the way told my Daughter that the way he acts is just part of his nature and she should just try to over look this problem.But he is still on her back from the moment she walks end untill she leaves. He has changed her Hrs. cut her Hrs. and even sent her home.She has 2 small kids to support so quitting is out of the question.This man is causing a Hostile work enviroment for my Daughter. Job's in this small town are hard to come by so in the mean time What can she do to stop all of this?

 

[cbg]

What many people consider harassment isn't, under the law. Can you be more specific about what he is doing?

 

[California_Mom]

Still Harassment

He jerks paper's out of her hands, get mad cause she dosen't staple papers on the right side. Sends other staff home or re-directs them to othr parts of store and gets mad at my Daughter if the customers have to wait..Put other co-workers on her check-out(cash reg.) and then blames her if it comes up short..Told her point blank that he did not want her to sign up for OT. if it is on his shift.. and they are 2 people short.She is the only 1 who he makes clock out for 30mins aday for lunch,other employee don't have too.Yell's at her in front of everybody even thoe there is a office he could take her in to..Has changed her HRs. and she wasn't aware of it untill last min. Has ordered her over but did not inform her untill 10mins before she was to get off,knowing she has 2 kids that she need to make other arrangments for. Has been caught on store camera hiding trying to see what she is doing for long period of times(another employee seen the tape and showed it to her) 2 other girls have quit and went running out of store crying because of this man. 1 guy quit the 2nd. day cause he said the guy was a jerk..I think he is mad because she dosen't give him a good excuse to fire her and he Knows she can work circle around this man and that it will make him look bad. This man only came to work there a short time ago.He has had several complaints filed on him from customers and Truck Drivers who have stated they will never go back to that business ever..I guess at this store the customer or workers are NEVER right. I talked to my Daughter tonight and she told me she has decided not to take that Asst. store mangement job. Maybe he will leave her alone now...I dought it ..I know we have laws here protecting people from being harassed at the work place. If This is not HOSTILE HARASSMENT I don't know what is..PS Others feel the same way but are scard to speak up cause they need there job too. My Daughter is not the only one and I'm sure she won't be last.. Unless someone puts a stop to all of this. Where I work that guy would have been gone the same day he arrived...

 

[cbg]

What you describe does not constitute a hostile work environment and is not illegal harassment under the law. It is not illegal to be a jerk.

Under the legal definition of a hostile work environment, if she is not being subjected to either sexual harassment or illegal discrimination under Title VII, then it is not a hostile work environment, no matter how unpleasant it may be.

In order to be ILLEGAL harassment, he has to be doing this BECAUSE OF her race, religion, national origin etc. If he's just a jerk, even a world-class jerk, that's not illegal.

If other people have quit because of this guy, I have no idea why the company has chosen not to do anything about him, but that's their choice. He's not breaking any laws and nothing you have described gives your daughter any recourse.

BTW, CA law REQUIRES that an employee take a 30 minute lunch break

 

[California_Mom]

So what you are telling me is that any body can yell and scream at there employee's and try to make them look stupid all the time and there is nothing a person can do but take it.. That's wrong.. It's called STRESSED OUT.. A person can't not cause unnessary Stress at the work place. She is being singled out. Maybe it is because she is FEMALE..In this Company there are very very few female's who get to promote.I am aware of the 30 min. lunch break laws in Ca., But sometime durning her 30 min. break he comes and gets her and tell's her that they are back up and he needs her to come back in.. So she is clocking ouy for 30mins but most of the time she is only getting 10-15mins. of break time.The other employees don't clock out for this reason.That 's not going to be the case any longer cause I told her to leave and go park somewhere for 30 mins. And where I work in Ca. we work a stright 8 hrs. no lunch you eat when you can, and sometimes you don't get to eat at all. I work for the State.. Remember she lives in OKLAHOMA.. They keep this JERK because this company is short handed already at this certain location and it's his job to call in other employee's to replace the one's who call in sick. If he can't find someone HE has to work in there place.. So Ass't Mangers don't like to work at this place cause they know they are already short handed and they have to carrie alot of the slack.. That's why they make the BIG BUCKS...$8.00 hr. I still think a person dose not have to put up with this.. This is wrong.. The way he yell's and stands up in their faces pointing his fingers in their faces is HOSTIEL HARASSMENT..Maybe after he blows up and hit's one of them, then they will have to do something..

 

[Beth3]

So what you are telling me is that any body can yell and scream at there employee's and try to make them look stupid all the time and there is nothing a person can do but take it.. No, the person doesn't have to just take it. An employee can quit their job and walk out the door anytime they like.

That's wrong.. It's called STRESSED OUT.. A person can't not cause unnessary Stress at the work place. The law doesn't agree with you.

She is being singled out. Maybe it is because she is FEMALE..In this Company there are very very few female's who get to promote I've skimmed your posts and I don't see anything in there to support that your daughter is being singled out because of her gender. The problem here appears to be that the Ass't Mgr is a jerk - and being a jerk isn't against the law.

The way he yell's and stands up in their faces pointing his fingers in their faces is HOSTIEL HARASSMENT No, it's not. Nobody is saying his behavior is acceptible but what you describe is NOT prohibited harassment and it's NOT a hostile work environment. Both of those have very specific meanings in the law and your daughter's situation is not it.

Maybe after he blows up and hit's one of them, then they will have to do something.. If that happens, then the person he hits should call the police immediately and file charges. The Ass't Mgr assaulting an employee is a violation of criminal laws but that STILL will not have violated any employment laws.

Your daughter clearly needs to start a job search and find another position as quickly as she can and then quit this one.

 

[cbg]

BTW, this is the first you've mentioned that your daughter is not in California. In Oklahoma, it is entirely up to the employer whether to offer (or require) breaks of any kind or not, unless the employee is under 16 years old.

No one is saying that the boss's behavior is acceptable, but there is NO evidence of illegal harassment, there is NO evidence of illegal discrimination, it does NOT meet the definition of a hostile work environment, and your daughter's options are to put up with it or quit.

I'm not unsympathetic - I've been in similar situations to your daughters. But this is still a relatively free country and her boss is free to be a jerk if he chooses to.