Work-place legal advice needed - PeachParts Mercedes-Benz Forum

MS Fowler · #1 11-12-2008, 05:29 PM

I need to know what qualifies as "abuse" in the current PC workplace. I have a co-worker who is supposed to assign our 4 field techs to various field jobs. We do testing of construction materials.
This fellow and I are both "supervisors", but he has seniority and has been assign to make the field assignments. I handle "special assignments: that require someone with the experience ( 30 years!) to think and react properly, or that requires some special skills. When not on "special assignments", I am available to assist with regular Materials Testing assignments.

Contractors have always been a little lax in scheduling testing services as it can only hurt then by slowing up production. Our services are required by various government agencies, or we might never get a call. More recently the Contractors seem to be less able to forecast their testing needs. By Contract we are to get 24 hours; we'd be delirious with 14 or 16 hours. It is now typical to get a call for immediate testing. We do the best we can, but sometimes we cannot always respond.

The fellow handling the assigning of techs does not handle changes well. Once he makes up the assignment schedule, and a Contractor calls to change it, either to add to delay this guy goes berserk. He screams (not at the Contractor) to anyone around " JESUS FUC***** CHRIST!"

My Question, Does this infantile behavior constitute "abuse" in the workplace. My co-workers and I are subjected to tirades like the above often, maybe 2 times a day, maybe 10, depends on how often the phone rings.
Likewise, when the techs have a question, they call me so they don't become the subject of another screaming tirade over the phone.

Is this behavior acceptable in today's workplace?
Other than quitting to seek new employment, what recourse is there?

By the way, the company has sent him to a few "beauty schools" to try to help him. he simply mocks the class and its instructor.

John Doe · #2 11-12-2008, 05:34 PM

Too little info, but on its face, no case for harassment.

I hate employment law--it is a very difficult area to practice in and the rewards are very, very meager.

Check with a local cop: in my jurisdiction, utterance of profanity in front of two or more persons is a misdemeanor. (assuming you want to start a war with him)

A264172 · #3 11-12-2008, 06:58 PM

This is only a guess, so please view it as such.

You may have to break a few 'eggs' to make an improvement and or a case. Not saying it wouldn't be messy.

Understanding the infant's cause of tears would be useful as well. Either the company is asking him to do the impossible, the customers are, or he is unable to deal with the job. Probably a nice potpourri.

Hatterasguy · #4 11-12-2008, 07:08 PM

Quote:

Originally Posted by John Doe

Check with a local cop: in my jurisdiction, utterance of profanity in front of two or more persons is a misdemeanor. (assuming you want to start a war with him)

Really? Holy ****! So what do they just sit down construction sites and arrest people?

azimuth · #5 11-12-2008, 07:30 PM

Call the ACLU and complain that your Christianity is being insulted. I'm sure they will come to your aid.

Hatterasguy · #6 11-12-2008, 07:38 PM

I don't know maybe its because I have a very thick skin, stuff like this doesn't bother me. Heck we have a sub who talks to himself loudly and randomly swears.

Skippy · #7 11-12-2008, 11:54 PM

I don't think that qualifies as harrassment. I have a tendency to cuss out certain inanimate objects (hard to get off starters, intake manifolds, etc) and no one has ever complained. Occasionally they are impressed when I swear at a Mercedes or BMW in German.

Hatterasguy · #8 11-12-2008, 11:57 PM

I need to learn how to swear in German, maybe my German cars will better understand me.

mgburg · #9 11-13-2008, 02:21 AM

Man...this just reeks of memories that I thought I had buried...

We had a salesperson that supervised the local salesfolks...and he would run into others in the building...

His problem? It seemed to be women.

He was fairly sneaky about how he went after them...he ALWAYS made sure that no one else was around, then he'd berate and belittle them...and in a short time, they would "quit" and move on to other positions at different stations...

One day, my Head-Operator was just beside herself...she wouldn't tell me what was going on.

Then, she gave her 2-week notice and left.

I later found out that "smut-boy" apparently demanded that my Head-Operator to do a "certain task" that violated company policy...and she refused...he reemed her out and then ended his tirade by calling her some sort of "...blank-a-dee-blank-blank-blank lazy c*nt..."

When I heard this and realized that that situation was the reason I lost my best operator, I called the Station Manager and told him that his "golden boy" was going down...and I was letting the owner know in no uncertain terms that "potty-mouth" and I weren't going to be able to pass each other in the hallway without him end up with a pair of black eyes and a few un-natural-bending appendages...and I strongly suggested that he'd better schedule dumb-ass some vacation time starting before the opening of the office that very next morning...

I then called the owner after hanging up on the Station Manager. It had suddenly become clear WHY we were losing so many employees during the time-frame this clown was in that building...and I pointed that fact out to the owner. I let the owner know that Pukeboy and I weren't going to get along too well in the same building if we were both in it at the same time. He thanked me for being some "straight forward" with this problem and promised that there'd be some corrective action taken...I wondered if I was still employed following the good-bye...

Needless to say, it was VERY QUIET in the office when I got in later that morning...and I still was in charge of the keys to the place...

Mr. Numb-Nutz-for-Brains? He was "out of the office" for a few days. Turned out, he was on a 2-week vacation and by the end of the first week, I was moving into his office and changing the locks on the building...

Bottom line? The Station Manager ended up taking his "own vacation" about 2 weeks later and we ended up with a new Station Manager who finally hired a local sales manager from the group that was still with us.

The damage?

None of the employees that left will ever come back. They felt (and somewhat justifiably) that "management" was backing up the puke...and some thought that I was part of the backing. To this day, I still can not convince my ex-Head-Operator that I wasn't part of that puke's employment longevity...

All I can say is that you need to document what's going on...you have personel that feel threatened/unsafe/uneasy around this guy. No one has to work in that type of enviroment, regardless the circumstances. And when it gets serious enough that you are losing good people, then you know it's too late and something DEFINATELY HAS TO HAPPEN FOR THE REST'S BENEFIT.

You can take Mr. Mouth out to lunch with one other co-worker that you and he know fairly well...the co-worker will act as a back-up to what you and he will discuss with Mr. Cuss. But, make sure that your co-worker agrees to be part of this "session" w/Mr. Cuss. Then document/tape your meeting...if you have the ability, bring along a "councelling sheet" to show Mr. Cuss that you and his fellow employees are serious about his outbursts and that they must stop. And document his reaction and anything that follows the meeting...it may go downhill or it could get better...but doing nothing will only leave to better people leaving and more sales of anti-acids.

And, isn't your health, and the health of those you're working with, more important than that one person's attitude?

Good luck with this...I'm sure there are more learned individuals that can better advise you of what you can/can't do...your state may even have laws that prevent you from "taping" that meeting, but having someone else there to back up the facts is better than "He said this/No, he said that..." if it should come to that.

KarTek · #10 11-13-2008, 05:38 AM

I just went through harrassment class at work (everyone does

) and here they specifically cite cursing as something that creates a hostile work environment. My own supervisor is the kind of person who's a great guy and a personal friend but he has the tendency to start raging and cursing when things go wrong. I don't tolerate that behavior and I've turned him in (in an supportive type of way) a couple times for it and he's better at keeping his temper under control.

You would have a strong case here. Do you have an HR department? Check with them or see your company handbook if you have one. This kind of stuff is usually spelled out pretty clearly for the common man to understand since it effects everyone.

John Doe · #11 11-13-2008, 06:07 AM

Quote:

Originally Posted by KarTek

hostile work environment.

Actionable is the key word here. Funny how companies give all that knowledge to employees, no? (ie: lose weight--we won't have to pay your insurance bills when you get diabetes, even though we make the drugs that pay your salary

)

MS Fowler · #12 11-13-2008, 08:08 AM

Thanks for all the replies.
Yes, we have lost good employees, along with a few not-so-good ones.

It isn't a matter ofbeing thin-skinned. I've worked around construction sites all my life, there are no new words that offend me.

Its the RAGE that seems to burst out at any chnage in his plans. "Change" is one of the normal aspects of this business.

About 5 tears ago he went thru this same type of behavior, and actually left for another job. A year later he was back asking to be rehired. Becasue of his technical knowledge, no one objected to the owner re-hiring him. No one expected that he would be given back his old job. It had been obvious that the stress was too much for him, but he noiw has the same job he had before--and the stress is doing exactly what it did before.
He also masks his behavior very well to the owners--they have no idea!

TX76513 · #13 11-13-2008, 08:48 AM

Quote:

Originally Posted by John Doe

I hate employment law--it is a very difficult area to practice in and the rewards are very, very meager.

John Doe · #14 11-13-2008, 09:22 AM

Quote:

Originally Posted by TX76513

Relative, I guess

Dee8go · #15 11-13-2008, 09:40 AM

If going berserk at work and verbally abusing the people who work for you were a crime, my former boss would be on death row. As it stands now, he is sitting in a big, empty building with his thumb up his butt, watching the company his father turned over to him go down the drain. He managed that sucker right into the ground. Unfortunately, destroying the hard work of the people who made you wealthy and verbally abusing them in the process isn't a crime.