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Help! Psycho coworker!

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Nausikaa262

Junior Member
I'm in California

  • I had handed in my two week notice because a coworker was creating a hostile work environment (major brain damage due to self caused auto accident). They are afraid to terminate him because he'll sue for mental disability descrimination.
  • As of my notice I had two original letters outlining his insanity written by myself and another coworker. I had forwarded copies to my district manager.
  • That evening he (psycho coworker) had a fit of road rage and I was the unlucky ******* that he tried to sideswipe and run into a ditch at 60mph.
  • There is a police document but no witnesses.
  • My company gave me the choice to stay and work with him or leave because it had occured off company property and was not thier problem. Never mind I had made a verbal agreement with my manager to stay on for another 6-8 weeks before leaving on the same day I handed in my notice.

Can a company keep an absolute psycho on board after displaying dangerous behaviour to a coworker? With a police document? Can I sue them for keeping him around?

At my new job all of two weeks old:

My manager overstaffed his store. He informed me I was going to be transfered (with out my approval) to another location closer to my home...like 3 minutes away. I show up at the new place and no one on the staff has any idea about a new transfer... Now corporate wants me to go to another store 39 miles away or resign if I don't want it...Is this constructive termination?

I didn't sign voluntary quits for either job.
 


Beth3

Senior Member
Can a company keep an absolute psycho on board after displaying dangerous behaviour to a coworker? Yes.

With a police document? Yes.

Can I sue them for keeping him around? If he harms you in the workplace, maybe, but not for something that happened off the job.

My manager overstaffed his store. He informed me I was going to be transfered (with out my approval) to another location closer to my home...like 3 minutes away. An employer does not need an employee's approval to transfer him.

I show up at the new place and no one on the staff has any idea about a new transfer... Now corporate wants me to go to another store 39 miles away or resign if I don't want it...Is this constructive termination? No but even if it was that's not illegal.

My personal advice is to find a new job asap and get away from this co-worker. Obviously management isn't going to do anything about him. They're very foolish not to do so but that's their choice.
 

mlane58

Senior Member
Can a company keep an absolute psycho on board after displaying dangerous behaviour to a coworker?
As you stated, the incident happened off company property and the employer is not responsible.
With a police document?
So what! unless the employee is convicted of a misdemeanor or felony and until the company finds that it is a violation against their policy then they are under no legal obligation to terminate his/her employment.
Can I sue them for keeping him around?
You are kidding, right? Give it your best shot, but you don't have a case.
My manager overstaffed his store. He informed me I was going to be transfered (with out my approval) to another location closer to my home...like 3 minutes away. I show up at the new place and no one on the staff has any idea about a new transfer... Now corporate wants me to go to another store 39 miles away or resign if I don't want it...Is this constructive termination?
Not hardley, it doesn't meet the definition of the law. It is called constructive discharge--

"Occurs when an employer imposes intolerable working conditions that foreseeably would compel a reasonable employee to quit, whether or not the employer specifically intended to force the employee’s resignation. Employee is entitled to remedies as if terminated. Constructive discharge can mean prohibited harassment or discriminatory/retaliatory working assignments or conditions."
 

Nausikaa262

Junior Member
My mother took pity on me and offered me a job at her hotel chain. Normally she doesn't do welfare for her kids but even she thought it was messed up.

thanks,
getting the hell out of retail
 

cbg

I'm a Northern Girl
Just as an FYI; unless you were being subjected to either sexual harassment or illegal discrimination under Title VII and related laws (race, gender, age etc.) you were not, legally, in a hostile work environment. That phrase does not mean what most people appear to believe it means.
 

Mrs.Reynolds

Junior Member
i feel for you. I worked for a company who kept people on like that and got rid of the people who did the real work. Mangement can make some strange decisions. Maybe they are afraid of him too????
 

Beth3

Senior Member
That's entirely possible. They certainly wouldn't be the first employer who was "afraid" to take the obvious action becauseu of some misguided rationale.

What this employer probably hasn't realized is that if they keep the lunatic employed, he harms someone at work, and it can be demonstrated that it was reasonable to believe the employee could become violent, they could be on the receiving end of a civil action for negligent retention.
 

Gadfly

Senior Member
That phrase does not mean what most people appear to believe it means.
That's because most HR departments conduct classes that have nothing to do with the law, just warm and fuzzy stuff that leaves the staff totally frustrated.
 

cbg

I'm a Northern Girl
I'm going to hate myself for asking this.

Are you saying that the reason the general public misunderstands such phrases, is the fault of the HR community? That's sure what it sounds like.
 

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