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Bad employee might cost me my job

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frustratdfarmer

Junior Member
What is the name of your state (only U.S. law)? Ohio

First of all I understand I can be fired for no reason, but I've worked for a "big box" store for going on three years now, there is one employee that is a huge problem, not just for me but she's intimidated the rest of them, honestly they duck their heads to keep their jobs in this economy. I tend to be one to stick up for others, and honestly if I do get fired, I'll call corporate and more than let my opinions known. I might have really stuck my foot in it this time and have to go out "quite loudly", but will stick to my guns.

This young woman has worked there for 10 years, she's 26 now. On the day I was hired I was even "warned" about her, told "she's foul mouthed, she's opininated, she's immature" etc. But was then told her whole "sad family story", she's the store "pet". I went in prepared, working night stock, usually a supervisor there, but one night, no supervisor she turned on me. On lunch break she went to the tables, grabbed my coat and lunch box and threw them out of the way saying "we need more ******* ROOM". Only two other hourly employees there, they ducked their heads and we came face to face. My comment was "I don't know what the **LL your problem is, I've TRIED to be nice to you". The rest of the night was silence, finished our work. I know she feels "threatened" that I've "invaded" her space.

I went to HR and the GM, it was handled and she was warned off of me, but she's a managers pet. They soon put on a night manager (her buddy) and I went through two years of heck, but ducked and did my job. Her vocabulary mainly consists of 3 words, none of them acceptable, but I ignore her.

We're now on an early morning shift. She bullies her three "friends" on this shift. (No skin off my nose, I'm fine now). But drags them on 25 minute breaks when the rules say 15. Sneaks out the dock to smoke. Swears constantly at many other employees and smirks. (I/E get the **ck out of my way). I know they are intimidated, they NEED their jobs, one manager lets her get away with this, turns a blind eye. Again, not effecting me but frustrating.

Yesterday it came to a head, I'd had enough.

Scenario:

I was working in one aisle, another employee about 50 feet across from me. She came through with our supervisor (who she bullies no end) riding on a pallet of freight(completely against OSHA rules). The employee across from me looked up and joked "Hey ***, you got a heavy load there". Nothing malicious, typical stock worker humor, in fact I've made this comment to them before (I'm a skinny middle aged white woman) no harm, no foul, they laugh when I say it. She turned around and said FU, you F**** AH. I looked at the employee across from me and said Ohhh, you P'd her off, and laughed.

A few minutes later the problem employee and the "supervisor" (He's a sweet guy, but she bullies him) came up to me and she said "did you F'n hear that, he F'n called me fat" I told her " no he didn't, he was joking". She said "how would you like it if people said "you're F'n skinny, You're F'n scrawny" all the time". I told her, "he was joking, we all joke, he didn't call you fat", but the supervisor was on her side, saying "why did he say that". I tried to chill them out.

About an hour later another supervisor ask me to follow her, took me to the managers office to talk to the "pets" friend. She had a diciplinary write up on the desk for the commenter on the desk. Mind you, this woman HATES me, will not even look me in the face, this was living heck for me, I initially thought she wanted ME for something. She ask me the facts about the "discussion", I told her first of all that my husband deals with rules/regulations and situations like this every day and that I don't want to be in the middle, but would tell her exactly what happened. She told me I'd be kept out of it. So I told her exactly what was said, and then added that "her pet" (by name, no insinuations that she WAS her pet) has said 100 times worse, and that he was JOKING, that he meant NOTHING negative in it, that he NEVER called her FAT! She then said "ok, we'll handle this verbally then and dismissed me, picking up the filled out write up form.

She then called in the "offender" and told him to watch what he says to people.

I've seen to much of this, I'm tired of it, and I went home and could not sleep, I'd had enough.

This is the second time this young man has been singled out for his comments when they are probably the least offensive made there. Funny, he's also the only minority working there. He's a hard working, quiet family man just trying to work his way through college.

So this morning I talked to the second in command at the store. I told her everything that happened the day before. I told her (and it's true) I don't care if she does anything or not, but that she has a ticking time bomb on her hands with that employee, that she bullies, she breaks rules left and right, that she steals time, and that she's going to cause them a lawsuit if they're not careful. This manager told me "it's more than time for her to grow up, I'll handle it".

So now it's up to management, but I just know that the "pets" friend is going to go gunning for me, it's just a matter of time until she gets me fired.

So, my question, even though I can be fired for no reason, how can I fight it, corporate? Lawyer? I believe it or not don't really need the job but like most aspects of the job and would like to stay. I know I should have just kept my head down, but I'd had enough of her bullying. She can dish it out but she can't take it. Trust me, for some strange reason she has them ALL bullied.

And as for the other employee, as he's a minority, IS this a hostile work enviroment situation for him, even though his race hasn't specifically been brought up? I won't fight his war for him on that, but if he's fired he needs to know what his rights are.

Sorry for the novel, but interested in thoughts/comments
 


Zigner

Senior Member, Non-Attorney
Nothing you have said has indicated any illegal acts (as far as discrimination/harassment is concerned).
 

commentator

Senior Member
You are miles and miles out of line here. Nothing you have said indicates that you are in any way in a supervisory position. Nothing in the world indicates that God or this store has placed you in the position of arbitrator of all things fair. If your husband works with situations like this, he will tell you the same thing.

If the others sneak off for breaks that are too long, and management is aware of it, then it is not your problem. Work your hours, mind your business, you have said the woman does not bother you any more because you stood up for yourself when she was abusive to YOU. Now, if she is bothering the other young man, do not take up his problem as your own, do not get involved. It is not your problem. If he wants to know what his rights are, he can post here and ask. Don't try to justify it by saying "I'm just the kind of person who can't stand to see another person mistreated!" Because that is not your job.

Because if you are fired, and yes, they can fire you for any reason, you have NO legal recourse, you cannot sue the company for anything under the type of circumstances you are describing, the company very likely will fire you for violating some policy that everyone else around you is violating, such as the use of foul and inappropriate language on the job. It won't matter. They can do it, and if you keep making scenes and creating drama, they will.

And under these circumstances, you very likely will not even get unemployment insurance, because you did not try to solve the problem before leaving, you didn't even have a problem. It was all about somebody else's problems, about a co-worker who is not behaving as you think she should be forced to behave by management.

Take good advice from those co-workers who are keeping their heads down. While you are still working, be looking for a job where you do not have to work with this person who annoys you so. But believe me, there is no recourse for people who lose their job because they are trying to "fix" everybody else and make life fair and wonderful for their co-workers.
 
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commentator

Senior Member
Well, yeah, okay, I guess I am pretty strong about this, because I spent many years of my life BEING this person. It took me years and years to learn that you can't defend the weak if they don't want to be defended, and many people's payoff or stance in life is that "why's ever body always pickin' on me?"

All it gets you is fired. Or definitely unappreciated. And you sort of, deep down, expect some quid pro quo, like that they would stand up and tell the truth about what happened, or defend you, or at least be helpful. Like when the big box store, which is totally unforgiving in labor issues, actually does fire this person for speaking out. Nah. They'll put their heads down and watch, and be glad it wasn't them.

I just hate to see people do that "taking up of offenses" for others when it's going to backfire on them. This lady should get a job in social work where she can really protect and serve and get paid for it.
 

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