Employee smearing fecal matter

[just me 8]

What is the name of your state? OHIO

ok, I hope somone can help. We have a female employee who it seems every six months or so will go in to the bathroom and spread fecal matter all over the walls, toilet tank, floors, etc. The company has spoken to all of the women in a group and warned that this behaviour could be cause for termination. The problem continues...the guilty employee is then talked to in private and told one more incident and they will be terminated. The problem happens again and they will not fire this person because they are afraid she will file a lawsuit against them because she is black and the people who are finding this mess are white. We are fed up! It is obvious the employer does not care about the employees. We have the right to a safe and bio hazard fee workplace, don't we? What can we do to look out for our own rights? Do we have any rights? Do we contact the health department? WHat can we do to get this nasty person fired before we all come down with some horrible disease from her germs? Can we file a class action lawsuit? Any help woudl be appreciated. thanks!

 

[HomeGuru]

What is the name of your state? OHIO

ok, I hope somone can help. We have a female employee who it seems every six months or so will go in to the bathroom and spread fecal matter all over the walls, toilet tank, floors, etc. The company has spoken to all of the women in a group and warned that this behaviour could be cause for termination. The problem continues...the guilty employee is then talked to in private and told one more incident and they will be terminated. The problem happens again and they will not fire this person because they are afraid she will file a lawsuit against them because she is black and the people who are finding this mess are white. We are fed up! It is obvious the employer does not care about the employees. We have the right to a safe and bio hazard fee workplace, don't we? What can we do to look out for our own rights? Do we have any rights? Do we contact the health department? WHat can we do to get this nasty person fired before we all come down with some horrible disease from her germs? Can we file a class action lawsuit? Any help woudl be appreciated. thanks!

**A: does this employee have a mental problem that would be protected under ADA?

 

[just me 8]

no, the employee does not have a documented mental problem.

 

[pattytx]

I can't believe you're fooling around with this kind of stuff. If you're sure she's the one who's doing it (or you even suspect she's the one who's doing it) what are you waiting for?

 

[Beth3]

Patty, I don't believe the OP is a member of management and therefore has no authority to resolve the situation. That said, it is beyond ridiculous that the employer has not terminated this employee no matter what color/race anyone is.

I suppose you can contact the Health Department the next time this happens but if the employer is having this disgusting mess cleaned up timely, I don't know if they will be able/willing to do anything about it.

 

[just me 8]

pattytx, I'm not the employer, otherwise the woman would have been fired last week. I'm just an employee who feels we are not being protected because our employer is afraid of a lawsuit. I'm in the state of Ohio.

 

[pattytx]

OK, I missed that part. In that case, wussy employer.

 

[CraigFL]

When you say she was talked to, who are we saying did the talking here? If I were you and it wasn't the president of the company that talked to her, I would write a nice e-mail or letter to him and tell him about the problem offering to discuss it personally with him if he want's to. If it's him doing the talking, I would be looking for another job...

 

[seniorjudge]

...

We have a female employee who it seems every six months or so will go in to the bathroom and spread fecal matter all over the walls, toilet tank, floors, etc.
....

I visited this service station.

 

[cbg]

Okay, there are two answers to your question.

One is, the employer need have no fear of firing the employee. I can promise you that there is no law in any state that would make firing this employee for the reason you describe illegal, and I cannot for the life of me understand what law they think exists that would give her any kind of lawsuit. If it were me, and we were certain who was doing it, she'd be gone last month.

The other answer, however, is that no law in any state makes it mandatory for an employer to EVER fire an employee; therefore, no matter what agency you report this to, there is nothing in the law that will force the employer to fire her, no matter how much those of us on the forum agree that he should.

 

[just me 8]

When you say she was talked to, who are we saying did the talking here? If I were you and it wasn't the president of the company that talked to her, I would write a nice e-mail or letter to him and tell him about the problem offering to discuss it personally with him if he want's to. If it's him doing the talking, I would be looking for another job...

She was talked to by the HR Rep and her direct Manager. We are just a small division of a large corporation, the HR Rep had to be flown in from our corporate office. I'm appalled that they are willing to sacrifice the health and well being of the rest of the employees over this one nasty mad pooper. Boggles my mind.