Forced to quit or work in an unsafe environment

[Richard05B]

What is the name of your state (only U.S. law)? NY

I have been working for the state at an OTB (off-track betting) company where (typically, the same) customers come in daily to place their bets on race horses around the country for the past few years. My job description is acting as a teller and light cleaning (pick up papers/ wipe tables) duties (they have a professional cleaner to do the bulk of the cleaning 3x a week).

Headquarters sets each store's hours and has been, over the past year, slowly made our closing time earlier and earlier. Now, we're supposed to close while races are still continuing.

On 3 occasions in the past 6 months, I have had a regular become irate when asked to leave so I can finish my closeout and cleaning duties. While I have been able to remain relatively calm and not be goaded into a shouting match, he has repeatedly publicly threatened and belittled me, made complaints to me to my supervisor and hq, and continues to talk about me in a negative manner to other customers and intentionally make my job more difficult by strewing papers and food around and marking up the tables all for me to clean.

Generally, his actions would get him expelled, but (unfortunately) he is a 'high roller.'

I have made formal complaints to all of my supervisors after each of the occurrences, but they seem content keeping me in a hostile and possibly unsafe environment. Their only suggestion is that I quit if I'm unhappy.

I have no doubts that this customer will explode again in the future and worry that, instead of simply yelling, he may become physically violent as well and have repeatedly expressed my worries to all of my supervisors.

Outside of finding a new job (and losing my pension), do I have any other options? Does my company have any liability for placing and keeping me in this predicament?What is the name of your state (only U.S. law)?

 

[Antigone*]

What is the name of your state (only U.S. law)? NY

I have been working for the state at an OTB (off-track betting) company where (typically, the same) customers come in daily to place their bets on race horses around the country for the past few years. My job description is acting as a teller and light cleaning (pick up papers/ wipe tables) duties (they have a professional cleaner to do the bulk of the cleaning 3x a week).

Headquarters sets each store's hours and has been, over the past year, slowly made our closing time earlier and earlier. Now, we're supposed to close while races are still continuing.

On 3 occasions in the past 6 months, I have had a regular become irate when asked to leave so I can finish my closeout and cleaning duties. While I have been able to remain relatively calm and not be goaded into a shouting match, he has repeatedly publicly threatened and belittled me, made complaints to me to my supervisor and hq, and continues to talk about me in a negative manner to other customers and intentionally make my job more difficult by strewing papers and food around and marking up the tables all for me to clean.

Generally, his actions would get him expelled, but (unfortunately) he is a 'high roller.'

I have made formal complaints to all of my supervisors after each of the occurrences, but they seem content keeping me in a hostile and possibly unsafe environment. Their only suggestion is that I quit if I'm unhappy.

I have no doubts that this customer will explode again in the future and worry that, instead of simply yelling, he may become physically violent as well and have repeatedly expressed my worries to all of my supervisors.

Outside of finding a new job (and losing my pension), do I have any other options? Does my company have any liability for placing and keeping me in this predicament?What is the name of your state (only U.S. law)?

If you don't like the conditions of your work environment, I suggest you find other employment. One where you don't deal with the public.

 

[Beth3]

This regular sounds like a world class jerk but I see no reason to assume that he's going to physically attack you.

Outside of finding a new job (and losing my pension), do I have any other options? No. Your supervisors gave you the correct information. If you're not happy with your work environment, you're free to quit.

Does my company have any liability for placing and keeping me in this predicament? If the guy does become completely unhinged and you are injured, then they'd have worker's compensation insurance liability for the cost of your medical bills and any lost time but that's it.

You're chosen a profession where you're dealing directly with members of the public, some of whom are undoubtedly going to be obnoxious jerks with bad tempers. I'm afraid that's the bottom line. I'm not unsympathetic to your situation but the reality is that if you don't like it, your option is to find another job.

What you describe does not constitute a hostile work environment or even an unsafe one - just occasionally unpleasant when this guy gets rolling.

 

[Captain Picard]

The recent Garcetti decision would kill any 1st amendment issues for you.

 

[You Are Guilty]

I know my memory isn't what it used to be, but hasn't OTB NY been shut down for months? How the heck do you still have a job?


Aha! http://nymag.com/daily/intel/2010/12/new_yorks_off_track_betting_sh.html

 

[OHRoadwarrior]

ROFL. This is an unsafe working environment!!!! You should be thrilled if he hits you. You can then sue him. I was thinking like coal mine violation, hazardous chemical exposure. i certainly was not thinking drunk rich guy.

 

[Captain Picard]

drama-queen