Some advice,please (job related)

[xmas74]

I'm having a rather difficult time at work lately. My boss has frequently gotten in my face(less than six inches away from my face) and screamed at me in front of customers for no apparent reason (or he finds an excuse about someone else's work to scream at me about). The other day he grabbed my arm and jerked me back when I tried to walk away from him (he was screaming at me at the time).
This started after an incident that I asked him to report to the police (illegal activity in a room-don't ask. You really don't want to know). He wanted me to clean the room up and cover up what had happened w/o informing the police. I refused and told him that I was calling the police. Ever since then he has taken to verbally attacking me and the other day it was physical(grabbing).
This morning I walked in the door and began to check over the paperwork. He began to scream at me again for something the night shift had done. A customer came up to the desk and he pushed me out of the way to assist the customer(I almost fell). He then began to scream at me about customer service(in front of the customer, who looked very uncomfortable), called me a bitch and told me to get the fuck out of his face. He sent me home today and I suspect that he will fire me tomorrow.
A few weeks ago I had spoken to him about a management position that he was advertising. I advised him of my qualifications and how well I get along w/ the other employees in the business. I also let him know of a few clubs and organizations that I was involved w/ in this community(nothing political-just service and church) as a way to let him know that I had roots here and had no plans to leave the community (college town and military town-people come and go all the time). He informed me that he would only hire a man for the position because women were too stupid for management.
I know that I press charges for both the verbal and physical on the job(I used to be a dispatcher. I spoke w/ a friend who is an officer and he is almost begging me to do just that) but I want to know what kind of legal action I can also take. Last week I was afraid to lose my job. This week I know that it will happen. It's upsetting but I almost don't care anymore. I know he will fight my unemployment and that he will say that I quit, so I do expect a fight on my hands.
Can anyone advise me what to do next?

[MissHoneychurch]

1. oh man, that is fucked up

I can't give you an advice but you know my YM - I am online when you need to talk :hug:

[xmas74]

3. I'll try to catch you sometime soon.

I have to pick up Callie now.
Sounds like I'll have alot of time on my hands.

[MissHoneychurch]

5. I am here

and online almost every evening (my time)

[xmas74]

13. thank you

[Lerkfish]

2. contact human resources dept., if you have one

and explain, in detail what has been going on. Just the fact that he wanted you to cover up illegal activity is grounds for HIS dismissal, not yours.

[xmas74]

4. We don't have one.

And he owns the business.
I'm thinking about contacting franchise services.

[melv]

6. check the employment laws in your state

here in OK, you can get fired for any reason, at any time. However, the laws are different in every state.

[xmas74]

14. I'm in MO.

It's the same way. We are also "Right to Work".

[Angry Girl]

7. Use a hidden tape recorder & keep a diary

Record absolutely *everything* you can, even if you can only write it down. That log will serve you in good stead in court, as opposed to your memory.

[xmas74]

15. Can't use a tape recorder in MO.

It won't stand up in court. If both parties do not know they are being recorded it is considered an invasion of privacy.
But I am keeping a journal in my purse. Every time he yells, I write the time when he's not looking on a scratch piece of paper. As soon as I leave work, I record everything that happened that day.

[DeposeTheBoyKing]

8. Here's a link for you

Fortuitously, you are in Missouri! Take care.

http://www.timslaw.com/hostile-environment.htm

[xmas74]

16. Thank you!

I will read this over after my daughter's Girl Scout meeting tonight.

[evlbstrd]

9. The comment about hiring only a man is a Federal Crime.

Contact EEOC.

[xmas74]

17. That's the next step.

I held off only because I was worried about my job. I'm pretty sure it is gone now so I'm ready to fight.

[miss_kitty]

10. He's created a hostile work environment

he wanted you to cover-up evidence of criminal activity, and your refusal to break the law and impede an investigation, tamper with evidence seems to have led directly to this treatment.

Talk to an atty in your area-maybe your law enforcement buddy knows someone.

Good Luck and take care! :hi:

edit typo

[xmas74]

18. I told him that today.

I used the phrase "hostile work environment" when I asked him to quit screaming at me. That's when the four letter words came into play.

[miss_kitty]

47. I think Heddi has the most comprehensive plan

Sorry you are going through this. Four letter words directed at you are definately hostility in the work environment.

Good luck on whatever you decide. I personally would do everything in my power to crush him financially.

[xmas74]

48. That is the plan.

I want to make him regret ever having set eyes on me.

[Heddi]

11. DO THESE THINGS NOW DO NOT WAIT

1 SPEAK TO A LAWYER. You are facing harassment, verbal and physical abuse, and being asked to cover up a crime--something that *YOU* could go to jail for if it came out through a court case that you did. That's called tampering with evidence when you knew a crime had been committed

2 CONTACT YOUR STATE LABOUR BOARD. I don't know what state you're in, but google your state name and "Department of Labour". YOU MUST FILE A COMPLAINT WITH THEM TODAY. GET IT ON RECORD>

3 I don't know what kidn of business you're in, but is there any way you could find the customers who were in the store and saw him PHYSICALLY AND VERBALLY abuse you and have them write statements to that fact?


4. FILE A POLICE REPORT. When he grabbed your arm, you should have called the police for assault. The fact that you didn't file a report right away shouldn't be so bad. Call the police NOW and file a report on him.


5 WRITE DOWN EVERYTHING YOU REMEMBER> Times. Dates. Places. Words. Don't embelish. If you're not sure if he called you a bitch or a fucking bitch, mention that. If you're not sure if he grabbed you then yelled, or yelled then grabbed, mention that. Don't "guess" if you're not sure.

6 DO NOT QUIT--if you quit, he can fight your unemployment.

7 LET HIM KNOW YOU SPOKE WITH AN ATTORNEY AND ARE CONSIDERING LEGAL ACTION---If he fires you after you tell him this, chances are he's breaking the law (many states forbid companies from firing employees who are invovled in litigation with the company---alot of times, companies would fire people who were fighting for worker's comp claims)

8. BUY A PORTABLE TAPE RECORDER and carry it with you at all times. Get alot of tapes. Get one of the ones that is voice activated. Every day, record the date of the recording and just keep it (the recorder) with you in your pocket. Then, if he yells at you, it will be on tape. If he fires you, let him know that you are recording the event for your protection AND FOR HIS (lie). Get it on tape that you are fired. Do not say a THING that could be construed as you giving notice or resigning. If he fires you, and you have it on tape that you are fired, and you have it on record that you filed a police report AND spoke with a laywer, there will be no justifiable reason for your unemployment claims to be successfully challenged.


I have worked for very shitty companies and the SC Dept. of Labour knows me by name because any time an employer did ANYTHING off the books, I made a call and filed a complaint.

[xmas74]

19. Some of the things I can do and plan to do shortly.

I have no plans to quit. I know the game (used to be a union steward but when it's your job you get a little scared). We were told that the tape recorders were illegal in MO (invasion of privacy unless both sides consented to the recording) and that anything on a recording would not be permitted in court (of course, this was a fight years ago when I was a rep for an employee who had a state job. They might have "fudged" a little bit but union attorneys told us not to record).

[Heddi]

22. Find out from your labour board & lawyer if you can tape or not

If both parties had to consent to taping, then we'd never get ANYWHERE with any 'undercover' police activity or whistle-blower cases where undercover tapes and or video were used to provide evidence of a crime. Undercover tapes are ALWAYS used in court cases. You're not doing this to extort, you're doing it to provide proof that a crime committed.

Do not give up. I know it's hard--I've had bad jobs (not as bad as yours) and it was quite a feat to just talk myself into getting out of bed in the morning, and another feat to actually walk into the place of business day after day. But I knew that if I gave up, the assholes who were fucking over EVERYONE in the company would continue to get away with it.

Good luck. Keep us updated. Don't take any shit from that assface.

[xmas74]

24. I will.

I contacted legal aid (low income here) and they told me to contact EEOC since it is a case that someone could win a settlement. I just called them and left a message.
I'm waiting to get axed tomorrow.

[nini]

12. I stopped at this: grabbed my arm and jerked me back

assault.

He cannot touch you in that way and he is creating a hostile work environment.

get a labor lawyer, go see a doctor if you're stressed etc..


you DO NOT have to take this.

I read on and he is discriminating against you for being female.

You have such a clear cut case it is ridiculous.


good luck

[xmas74]

21. I think that I have a good case too.

I'm worried about losing my job, him fighting unemployment and him giving me a "bad name" all across town( I heard that he did this to someone else and they had the worst time finding another job in town). Of course, I have to prove everything and that's what I'm worried about.

[Ediacara]

20. I assume you work for a hotel chain?

If so 1) call the police and report the physical assault and 2) call the regional manager of the hotel chain and report the cleanup coverup and the "I'll only hire a man" incident (and everything else too).

[xmas74]

23. Good assumption (and correct).

I contacted the police about the "clean up". They came to the motel and he refused to let me speak w/ them (made threats to fire me if I did). I bet you can guess what was in the room (MO's big for its production and there were some other things even worse than that).
I will contact the pd.

[Kire]

25. call the cops

report everything

I was attacked at work. The trial is in two weeks.

It's not easy.

[xmas74]

26. It was all done as a form of intimidation.

He's a little man (both emotionally and physically-I'm 5'2 and he's just a smidge taller than I am).
If it wasn't on the job I would have kicked his ass across two state lines(5 years working in a mental institution and 2 1/2 working part-time as a prison guard). It took everything in me not to fight back.
I think I'll call my friend tonight and report it.

[Heddi]

27. Definitely report it

I've watched enough Judge Judy to know that even if a report was filed a day, or even a WEEK later, it's better than having NO report filed.

Any way you might be able to get in contact with the customers who saw you being screamed at?

[xmas74]

30. I have to get access to the files.

And he's not allowing anyone to touch anything right now. I'm hoping franchise will make him hand them over.

[Heddi]

34. That would be SUPER if you could get ahold of them

because those people would be WITNESSES to the abuse you suffered through.

I hope that works out. That would be a HUGE benefit to your cause and your case.

[xmas74]

36. It would.

The man this morning at the desk looked really uncomfortable and looked like he wanted to do something.

[Kire]

29. for me, there were several employees who intimidated me

I didn't report it until I was actually hit, but I endured death threats almost daily for the month leading up to it.

you said you've been assaulted (pulled around) several times already, fuck that guy - he belongs in prison

[xmas74]

31. And lucky for him-I have friends who work in the county

jail and the state prisons (including an uncle who works there).
I have just as many friends in jail/prison but that's another story entirely.

[Kire]

43. careful

I don't want to give you advice, but, and maybe cuz I am a guy and my attacker was a woman (or maybe I'm just neurotic) but you want to look for justice, not vengeance. Legal matters are business, not pleasure. The satisfaction of getting him busted properly will last, but the moments of pleasure you get from insulting him and threatening him -- they could jeopardize the final satisfaction of justice served.

[xmas74]

45. I know.

I'm trying to keep it quiet. It just doesn't help that I live in a small town and word will get out quickly about what happened (w/ no help from me. We have a couple of really gossipy employees).

[Kire]

51. it's not about keeping it quiet

it's about keeping it on topic

oh, okay, I get it, keeping it quiet among your inmate friends, but still...I guess I'm just neurotic

[xmas74]

54. They'll find out either way.

You'd be shocked about the methods they have to find out what's going on. One of them knew about a part time job that I took two days after I took it. I never told him-he wrote me a letter about it.

[In_The_Wind]

28. first ... find a lawyer

you will undoubtedly lose your job when you file charges ...

but I don't think that will be a good enough reason to with hold unemployment benefits ...




I AM NOT A LAWYER ... so those are just my thoughts ...

the way I would proceed if I were facing the same problem.

[xmas74]

32. I left a message w/ EEOC.

They can give me a listing of attorneys in my area who take employment cases on contingency.
I'm hoping for a callback tomorrow.

[In_The_Wind]

39. Excellent, because ...you are correct in thinkin' it's going to get worse.

your boss sounds as if he can become abusive ...

be careful ...



If you haven't started looking for a new job ...

start now !

[xmas74]

40. I spent the whole day doing just that.

One decent lead. Keeping my fingers crossed.

[In_The_Wind]

44. I'll keep my fingers crossed for you too!

I'll be wishing you 'good luck'

[xmas74]

46. thank you.

It's foundry work(something I've never done before). The pay is double what I make now and shift differential(I applied for graveyard) plus heat incentive and full benefits.
He had an office of thirty people and only 3 women. He chose me first to interview.

[In_The_Wind]

49. That's a very good sign ...

I knew one company that hired 'women' to fulfill their obligation to :thumbsup: 'hire minorities'. It sucked for the men, but if there were only three women ... you've got a better than average shot at the job, unless you are way over qualified. I know you have learned quite a lot along the way.

[xmas74]

50. I'm not very qualified

I've never worked in a foundry or done tool/diecast. But I did pass the math test-most of the applicants didn't and they need help desperately right now(lots of orders to fill and contracts).

[Heddi]

37. I don't think he can fire her if she files charges

at least in South Carolina I know you can't be fired if you're in litigation with the company (I know because my mom was fired when she was suing for workers comp and her boss had to pay her AND the state--only his state fine was several hundred dollars per day that he refused to allow her to come back to work).

I think they (SC) made that law because people would file for worker's comp claims and then they'd be fired by their bosses.

And I agree with you, though, that even if he CAN fire the OP, it would not look great on him if he fired her because she was persuing litigation against him AND he's fighting her UE benefits. I would think (at least if I was on the UE board) THAT his firing her BECAUSE she had a suit against him would diminish all of his claims as to why UE was being denied.

[In_The_Wind]

42. If he can physically push her ... he can do anything.

His own actions and words show that he isn't capable of conducting himself appropriately.

I'm sure it wouldn't be legal to fire someone you're in litigation with unless he does it under false pretenses. I would rather not see the situation escalate for xmas.

[bearfan454]

33. File a lawsuit against the hotel chain headquarters.

Explain everything in the suit. HE will get fired not you.

[xmas74]

35. He can't get fired-he owns the local one.

He can lose his franchise but cannot be fired (meaning he cannot use their name anymore).

[Heddi]

38. At least that would directly affect his pocket

I mean, people most likely stay with his chain because of the name attached. I guarantee you business would go down if he didn't have the X COMPANY hotel name anymore, but was rather Bob's Local Inn.

Good for him, though. Obviously he has no compassion, so you must hit him where it hurts--the wallet.

[xmas74]

41. That's all he cares about-the bottom line.

I know he's made housekeepers cry before.

[IntravenousDemilo]

52. Do not hesitate to ruin his life.

Use any legal means possible, and the sooner the better. Let him know you're responsible for his ruin. Let him understand what a woman is capable of (too stupid for management, eh?).

If there's any way to do him physical damage anonymously, I'd look into that too. Personally, I think you should have brained him as soon as he laid one uninvited finger on you, or at least hoofed him a good one in the goolies.

And yes, I do want to know what happened in that room. Do you work in a hotel?

[xmas74]

55. Yes.

And it was meth (and something else that I don't feel like talking about right now. It made me sick).

[patricia92243]

53. Is this a joke? It sounds too bad to be true. n/t

[xmas74]

56. Not a joke.

I have found out that he has treated a foreign-born housekeeper even worse than me. She's afraid to report. He's her sponsor and she's afraid that he will yank her sponsorship.

[evlbstrd]

57. This guy is scum.

Verbally and physically abusive, especially towards women. Covering up a meth lab in a hotel franchise. And breaking tons of laws in between. You've got him by the short ones. He's toast.

[xmas74]

59. Yep.

Franchise was really interested in what I had to say.

[WCGreen]

58. Fight him tooth and nail....

That is reprehensible behavior and needs to be addressed. Spell out all the details in an affidavit from the beginning, the cover up and go into detail about the criminal activity....

Have it notarized and call a local Union to see who they would advise you to talk too.

[xmas74]

60. EEOC's getting me a list to use.

And I spoke to franchise. They are really interested.