Hostile Work Environment and Demotion Due to Employer Relations

[Alpha_Wolf_]

Florida

Hello,

I have recently been the target of harassment from an employee at work (since I was first employed by the company). After bringing the harassment to the attention of the employer, mediations were eventually put in place.

After the second mediation, the employee (on camera) made several false accusations and repeated herself over and over in hysterical ways.

Ready to quit, I left the store as the employee said "I cannot work with him" and that there was no point in the mediation.
Immediately upon leaving, the employer called me and apologized for the wrongful actions of the employee and stated I would no longer have to work with her, as we manage multiple locations.

Not even a month later however, the employee is transferred back to my store and continues to harass me with false accusations, extremely rude and disrespectful phone calls, and then fake concern for my pet and fiancee (literally repeating the same phrases every conversation).

The employee has issues with other employees before, even resulting in letters sent to corporate office.

I truly believe that the employee is either mentally ill or on improper medication, as she will space out in the middle of conversations at work and continue to repeat unnecessary information that was either stated already or mentioned in previous conversations. Much of this is recorded on company footage. I also had lunch with the owner at a Panera Bread on the issue, discussing her condition. There is likely footage of that as well, though it was a few months ago.

After requesting a meeting with the employer most recently, I expressed again the harassment and hostile work environment I was currently in. The next day I received a Disciplinary Notice stating I am not meeting my expectations and was then demoted from my management position.

Before the employer had left the company for extended periods of time and left this employee to run the stores, I was in good standing with the company and was praised for my work. After he returns, I am supposedly not fulfilling my duties although I have made multiple attempts to communicate with the employer and adjust the work settings.

Everything in the Disciplinary Notice was hearsay from other employees and contradicted by recorded footage and clock in times. Also, I never received an initial verbal warning as per company policy. Not to mention the employee that has had complaints sent to corporate has not received any discipline or training whatsoever.


I had suspected that a relationship was taking place between my employer and employee as they have been seen and heard via phone calls as being in a vehicle together and announcing it within the store.

As fate would have it, my parents went to the beach one day and stumbled upon my employer and his employee at the beach together. Immediately they packed all their belongings and left the beach.

My employer asked both my parents and myself not to discuss the situation with anyone as it would cause him trouble. He has even had dinner with my parents and exchanged phone calls, which proves the validity of the relationship they now have with him.


I am in a tough predicament however as it is my family that witnessed my employer at the beach. Still, multiple incidents would suggest that there is a relationship between the employer and employee. I am sure that upon contacting another manager that was also fired due to conflict, she will vouch for my statements regarding the behavior between the two on business premises. There is also footage showing how the two behave differently with one another.

The employer is a married man, though his family is in Argentina.

Another issue is that according to my employer, other managers and employees have had complaints on my work ethic as well. I made it a fact to protect myself with evidence arguing this, but it still makes me uneasy.

I emailed my employer after receiving the Disciplinary Notice stating I will not sign it as it is falsified and the result of unfair harassment due to the relationship he has with his employee.

I suspect I may be fired or already removed from my schedule after sending this email to management.


I am looking for advice and thoughts on how strong my case may be, or if it would be very difficult to move forward with such a case.
If I do move forward, what is the next best course of action?


Thank you!

 

[Zigner]

Florida

Hello,

I have recently been the target of harassment from an employee at work (since I was first employed by the company). After bringing the harassment to the attention of the employer, mediations were eventually put in place.

After the second mediation, the employee (on camera) made several false accusations and repeated herself over and over in hysterical ways.

Ready to quit, I left the store as the employee said "I cannot work with him" and that there was no point in the mediation.
Immediately upon leaving, the employer called me and apologized for the wrongful actions of the employee and stated I would no longer have to work with her, as we manage multiple locations.

Not even a month later however, the employee is transferred back to my store and continues to harass me with false accusations, extremely rude and disrespectful phone calls, and then fake concern for my pet and fiancee (literally repeating the same phrases every conversation).

The employee has issues with other employees before, even resulting in letters sent to corporate office.

I truly believe that the employee is either mentally ill or on improper medication, as she will space out in the middle of conversations at work and continue to repeat unnecessary information that was either stated already or mentioned in previous conversations. Much of this is recorded on company footage. I also had lunch with the owner at a Panera Bread on the issue, discussing her condition. There is likely footage of that as well, though it was a few months ago.

After requesting a meeting with the employer most recently, I expressed again the harassment and hostile work environment I was currently in. The next day I received a Disciplinary Notice stating I am not meeting my expectations and was then demoted from my management position.

Before the employer had left the company for extended periods of time and left this employee to run the stores, I was in good standing with the company and was praised for my work. After he returns, I am supposedly not fulfilling my duties although I have made multiple attempts to communicate with the employer and adjust the work settings.

Everything in the Disciplinary Notice was hearsay from other employees and contradicted by recorded footage and clock in times.


I had suspected that a relationship was taking place between my employer and employee as they have been seen and heard via phone calls as being in a vehicle together and announcing it within the store.

As fate would have it, my parents went to the beach one day and stumbled upon my employer and his employee at the beach together. Immediately they packed all their belongings and left the beach.

My employer asked both my parents and myself not to discuss the situation with anyone as it would cause him trouble. He has even had dinner with my parents and exchanged phone calls, which proves the validity of the relationship they now have with him.


I am in a tough predicament however as it is my family that witnessed my employer at the beach. Still, multiple incidents would suggest that there is a relationship between the employer and employee. I am sure that upon contacting another manager that was also fired due to conflict, she will vouch for my statements regarding the behavior between the two on business premises. There is also footage showing how the two behave differently with one another.

The employer is a married man, though his family is in Argentina.

Another issue is that according to my employer, other managers and employees have had complaints on my work ethic as well. I made it a fact to protect myself with evidence arguing this, but it still makes me uneasy.

I emailed my employer after receiving the Disciplinary Notice stating I will not sign it as it is falsified and the result of unfair harassment due to the relationship he has with his employee.

I suspect I may be fired or already removed from my schedule after sending this email to management.


I am looking for advice and thoughts on how strong my case may be, or if it would be very difficult to move forward with such a case.
If I do move forward, what is the next best course of action?


Thank you!

Case for what?

I will say that your refusal to sign the Disciplinary Notice may well be valid cause for them to fire you (insubordination).

 

[justalayman]

I suspect you don't know what a hostile work environment actuslly is. You should research that and reconsider your statements.

Other than that, it sounds like a place you probably should not work and should seek employment elsewhere.

 

[Alpha_Wolf_]

The information in the Disciplinary Notice is untrue and a relationship between employer and employee that results in hostile work environment is cause for legal action.

I did what I was suppose to legally, bringing the harassment from his partner to his attention multiple times. The employer himself walked out in the middle of mediation and left me with unsigned Disciplinary Forms.

 

[Alpha_Wolf_]

I suspect you don't know what a hostile work environment actuslly is. You should research that and reconsider your statements.

Other than that, it sounds like a place you probably should not work and should seek employment elsewhere.

I did do my research, there is a case similar to mine that resulted in the supervisor being at fault. Otherwise I would not be here asking this question.

I also know what a hostile work environment is, I have been a manger for years.

Perhaps you should do more research and then reconsider your advice.

 

[justalayman]

I did do my research, there is a case similar to mine that resulted in the supervisor being at fault. Otherwise I would not be here asking this question.

I also know what a hostile work environment is, I have been a manger for years.

Perhaps you should do more research and then reconsider your advice.

You have described nothing to support a claim of a hostile work environment. If you believe there is one, go ahead and describe something that does.

 

[justalayman]

Here's a bit of educational information for you. If you can frame the conditions in what the EEOC describes as unlawful harassment, then do so. Otherwise working with a bitchy person just doesn't cut it.

http://www.eeoc.gov/laws/types/harassment.cfm

 

[tranquility]

The information in the Disciplinary Notice is untrue

Signing the notice does not mean you agree with it, only that you are aware of it. You can usually place your own version in the file. As Zigner said, refusing to sign could be grounds for termination for insubordination.

and a relationship between employer and employee that results in hostile work environment is cause for legal action.

You are missing one portion. To be actionable, the severe and pervasive conduct must be based on discrimination or as a reprisal for some protected act. (Such as whistleblowing.)

 

[Alpha_Wolf_]

Signing the notice does not mean you agree with it, only that you are aware of it. You can usually place your own version in the file. As Zigner said, refusing to sign could be grounds for termination for insubordination.


You are missing one portion. To be actionable, the severe and pervasive conduct must be based on discrimination or as a reprisal for some protected act. (Such as whistleblowing.)

I have clearly been discriminated against as the other employee has received no disciplinary action for worse "offenses" than my own and continues to manage and harass employees. She has near complete control of the company and does whatever she likes simply because she has a relationship with the employer. She gradually took responsibilities that were clearly in my domain, allowed to because of her relationship.

You all are correct in that the law is vague on this subject, but a recent court decision in 2005 has shown that situations like this are cause for legal action.

I am not saying that is 100% the case in my scenario, but that is why I am here, I am exploring a topic that to date is not very common in court. Not to be educated on matters I am already well versed in.

EDIT:

And I know that not signing a disciplinary notice is insubordination, I am not defending that as it was obviously a result of frustration not me trying to pursue legal action. If that was the mindset I had 24/7, then maybe I would have acted more accordingly. But I am reflecting on the situation now, looking for advice now (also note my employer left without asking me to even sign in the first place).

 

[Silverplum]

I have clearly been discriminated against as the other employee has received no disciplinary action for worse "offenses" than my own and continues to manage and harass employees. She has near complete control of the company and does whatever she likes simply because she has a relationship with the employer. She gradually took responsibilities that were clearly in my domain, allowed to because of her relationship.

You all are correct in that the law is vague on this subject, but a recent court decision in 2005 has shown that situations like this are cause for legal action.

I am not saying that is 100% the case in my scenario, but that is why I am here, I am exploring a topic that to date is not very common in court. Not to be educated on matters I am already well versed in.

Feel free to hire an attorney.

 

[justalayman]

I have clearly been discriminated against as the other employee has received no disciplinary action for worse "offenses" than my own and continues to manage and harass employees. She has near complete control of the company and does whatever she likes simply because she has a relationship with the employer. She gradually took responsibilities that were clearly in my domain, allowed to because of her relationship.

You all are correct in that the law is vague on this subject, but a recent court decision in 2005 has shown that situations like this are cause for legal action.

I am not saying that is 100% the case in my scenario, but that is why I am here, I am exploring a topic that to date is not very common in court. Not to be educated on matters I am already well versed in.

so make your case. Frame your discrimination in the context the law requires to make it unlawful discrimination.

Ya see mr I've worked in management forever, discrimination itself is not illegal. Being subject to hostility itself is not illegal. There are specific conditions that make hostility or discrimination unlawful and you have said nothing that would suggest any of them are present here.

 

[tranquility]

I have clearly been discriminated against as the other employee has received no disciplinary action for worse "offenses" than my own and continues to manage and harass employees. She has near complete control of the company and does whatever she likes simply because she has a relationship with the employer. She gradually took responsibilities that were clearly in my domain, allowed to because of her relationship.

I'm sorry, prohibited discrimination. Sex, Race, Religion and the like.

You all are correct in that the law is vague on this subject, but a recent court decision in 2005 has shown that situations like this are cause for legal action.

I suspect you are not skilled in the art of reading court decisions. What was the issue? What was the holding? Read the analysis closely, that is where the real law will be found.

I am not saying that is 100% the case in my scenario, but that is why I am here, I am exploring a topic that to date is not very common in court. Not to be educated on matters I am already well versed in.

What matter is that?

And I know that not signing a disciplinary notice is insubordination, I am not defending that as it was obviously a result of frustration not me trying to pursue legal action. If that was the mindset I had 24/7, then maybe I would have acted more accordingly. But I am reflecting on the situation now, looking for advice now (also note my employer left without asking me to even sign in the first place).

I don't know enough of the facts to give you advice. I only know that from what you have written it seems like you could be fired for cause and that there was not a hostile work environment as an actionable matter.

 

[Alpha_Wolf_]

so make your case. Frame your discrimination in the context the law requires to make it unlawful discrimination.

Ya see mr I've worked in management forever, discrimination itself is not illegal. Being subject to hostility itself is not illegal. There are specific conditions that make hostility or discrimination unlawful and you have said nothing that would suggest any of them are present here.

You are right that discrimination and hostility are not illegal.

By Florida definition, I don't necessarily have a case. I am not disputing that.

I suppose a better question would be, if the case has been tried and done before (in California specifically), what are the chances that I would succeed as well?

The person in said case was not blamed for discrimination, but having relations with other employees that made the general work environment hostile.

I have unpaid wages, lost responsibilities, schedule changes, and other unjust actions committed to me on behalf of this employee. I can even say the discrimination is simply because I am the only male manager.

EDIT:
The decision marks a significant expansion of sexual harassment law in California since prior cases restricted actionable harassment claims to employees who were either directly involved in sexual liaisons at the worksite or recipients of unwanted sexual advances on the job [Miller v. Department of Corrections, Cal. Sup. Ct. No. S114097 (July 18, 2005)].

As I said before, my situation is not within Florida law. But California recently expanded their terms to extend sexual harassment claims to others besides those directly involved with an employer or supervisor.

Several women were subject to additional harassment and job changes after they brought the issue to light, and that is how this case evolved.

It is not as severe as my case (I don't work in a prison) but essentially I have suffered the same thing; favoritism to one employee and a demotion for me.

 

[Zigner]

You are right that discrimination and hostility are not illegal.

By Florida definition, I don't necessarily have a case. I am not disputing that.

I suppose a better question would be, if the case has been tried and done before (in California specifically), what are the chances that I would succeed as well?

The person in said case was not blamed for discrimination, but having relations with other employees that made the general work environment hostile.

I have unpaid wages, lost responsibilities, schedule changes, and other unjust actions committed to me on behalf of this employee. I can even say the discrimination is simply because I am the only male manager.

First: California is not Florida.

Second: A relationship between two people, in and of itself, doesn't create a hostile work environment. Furthermore, the two folks in questions are going to great pains to keep their relationship separate from work. They're not clearing the desk and going at it in the office - they're being very discrete and carrying on a relationship outside of the workplace. That is far from a hostile work environment.

 

[justalayman]

What case are you referring to? Without it nobody knows what you are speaking to

As to it being in California; if it involves state law it is not likely to be beneficial to an issue in Florida. California affords its residents many protections no other state does. If it involves federal law then it may lend credence to a similar suit in Florida.