What is a Hostile work environment?

[xray731]

What exactly is considered a hostile work envionment.

I am an x-ray technician in a small orthopedic office. I was originally hired in 1979, after working at a different clinic with this doctor for 5 years. His private practice grew and there were definitely ups and downs. An affair with an employee, the firing of an excellent business manager, and bankruptsy - through which we endured our 6 doctor practice splitting up and all the nasties that go with it.

The original physician asked me to stay with him after the group disbanded and I was more than happy to do so as I love my patients. I've assumed many more responsibilities besides just xray as the nurse left a year ago and I now have all of her duties.

Unfortunately, there has always been animosity between his secretary and his PA. This has occurred for 6 yrs since the secretary was hired and I'm in the middle of it as I have to work closely with both. I have held my tongue until last August when the secretary undermined the PA.

Since that time I have pretty much been ostracized by the office staff. I eat lunch in my office as there is too much tension if I sit with the office staff. I am rarely told about workplace changes or new itinerary. You know when you're talked about when everyone shuts up when you walk into a room. I am cordial and polite but am not included in conversations. I was put on Zoloft because it is really unbearable - to be so isolated.

I have talked to both the doctor and his office manager about how uncomfortable the situation is but neither have spoken to the staff about their treatment of myself or the PA.

I have looked for another job but in these times - employment is hard to come by. I even asked the doctor to lay me off so I didn't have to go through this any longer. No one knows better than him how it feels to be ostracized - especially what he endured after the bankruptsy.

Last week I walked in on the staff - again bad mouthing the PA. I stuck up for him but was so upset that they are so callous that I started getting sick to my stomach and had chest pains. I actually went to the office manager and said I was going home sick.

Today a pharmacutical rep had set up a happy hour for the staff. Guess who wasn't invited - and they made no bones about going out.

Do I ask the doctor again to lay me off - he cut off the sexual harrassment long ago when someone was going to report him - but after working with him 16 years and knowing some of my patients that long - I hate to be what I feel is forced out by the others.

Any advice appreciated!

 

[Duranie]

A hostile work environment is not against the law in most states but you did not mention your state. You really need to start looking for other jobs. I am sure in your field there has to be something.

 

[Green_Hornet]

First do not quit untill you speak to an attorney.
Depending on your state contact an employment attorney and see if your state recognizes the "constructive discharge theory" (quiet for cause). It is a very hard thing to prove, attorneys do not often use it even in the states that recognize it and not every state recognizes it.

To rightfully claim constructive discharge, you'll likely have to prove all factors listed below.

1. Your employer recently changed a working condition that led directly to your resignation and thus, your constructive discharge.

2. The change and your resignation occurred close enough in time, to have established a "cause and effect" relationship.

3. The change was so extraordinary and intolerable, that it would have caused any reasonable employee to quit under the same circumstances.

4. Your employer intentionally created or allowed the change, even though it was predictable that it would compel any reasonable employee to quit (regardless of whether or not your employer specifically tried to force you to quit).