How should I proceed

[caliwestmom]

What is the name of your state?What is the name of your state? CA
I had a bad review the other day with my supervisor. For the past 5 months (since I started here) I have had glowing reviews and even 1 week prior I was told I was doing an outstanding job and fitting in well with the team and that I would be hired when my contract was up. Then my supervisor tells me in my last review that everyone on the team has complained about me to him, he even mentioned two specific names. The problem here is that I can guarantee (as can everyone else on the team) that all this information is coming from ONE fellow employee who happens to be the supervisor's best friend. My supervisor used the EXACT words his friend uses and other people on my team have told me they NEVER told him anything bad about me. Even my lead was flabergasted when I told her what was said. She told me she wasn't sure what was going on but that she would talk to him, that my performance is outstanding and I fit in great with the team, that no one has complained to her and she hasn't observed me doing anything that would cause dislike. His best friend receives preferential treatment in many ways, he is privvy to information that none of the rest of us know, he carpools with him so there are no repercussions when he comes in late and he has the worst ticket closure rate but is not talked to about it. I honestly don't know why this guy has it in for me. The only thing that is even remotely possible is that he is jealous and mad that I won't date him. Also, we took an MBTI (Meyers-Briggs) personality test as a team and we were told that the outcome wouldn't affect our jobs or anything and now he references the fact that I am a "Feeling" person (which was one of the outcomes of the test) and therefore too emotional. He also made a reference to the fact that now he wasn't going to hire me because I don't fit in. I am a contractor and CA is at will employment, but I'm not sure where to go from here. I am not familiar with his supervisor and not sure of the repercussions of going above his head with my complaint. So do I go to HR and what rights do I have if I get fired because I go to HR?
And BTW my review was not in writing, he didn't have me sign anything, he never does, it's always verbal. And he told me not to take it personally when clearly his comments were personal.

 

[Beth3]

The only thing you said in your narrative that has any possible legal connotations is this: The only thing that is even remotely possible is that he is jealous and mad that I won't date him. Please elaborate on what occurred.

 

[caliwestmom]

Thank you for your reply. He didn't specifically say that but he gave me his cell phone number for starters. And there is a male co-worker here that I take breaks with and he makes comments about how much time we spend together and references the fact that he thinks we are sleeping together (which we are NOT). He watches our every move when we're talking or interacting. He complained that we were taking too many breaks so that we couldn't "spend time together". He has also made comments to me that he likes it "rough". He sits next to me, so some of the other comments he makes are not directed at me, but I hear them.

So you are saying a supervisor can take someone's comments that they are claiming to speak for "the entire group" and hold them against me without verifying them ... and outright name/blame people that didn't even make the comments?

And at what point does it become a hostile work environment? I now fear for my job everyday, have been made to feel like I cannot even speak and that his "friend", who happens to sit next to me, watches and listens to EVERYTHING I do. I CANNOT go to my supervisor with my complaints about his friend because I will DEFINITELY be fired if I do. So you are saying I can't even go to HR, I just have to suck it up and deal with it?

 

[Beth3]

So you are saying a supervisor can take someone's comments that they are claiming to speak for "the entire group" and hold them against me without verifying them ... and outright name/blame people that didn't even make the comments? Yes, as long as the supervisor's motivation isn't an illegal one, such as your having spurned his sexual advances or because of your race.

And at what point does it become a hostile work environment? When there is a pervasive atmosphere of prohibited discrimination. An unpleasant work environment is not a hostile work environment under the law.

So you are saying I can't even go to HR, I just have to suck it up and deal with it? You're putting a lot of words in my mouth. I just asked a question.

Frankly, I can't tell if this co-worker's statements about you to the boss have anything to do with him wanting to date you and you refusing. He gave you his cell number but apparently he never asked you out or propositioned you. He's just made some crude comments (not that that's okay; just that it doesn't appear to amount to sexual harassment.)

The question is, what do you think this is and what do you want to do about it? If the boss is a jerk and just doesn't like you, that's legal. If the boss doesn't like you because his friend is maligning you because you turned down his advances, then that's a whole 'nother matter. If you think that's the case, then you need to talk to HR.

 

[BelizeBreeze]

Thank you for your reply. He didn't specifically say that but he gave me his cell phone number for starters. And there is a male co-worker here that I take breaks with and he makes comments about how much time we spend together and references the fact that he thinks we are sleeping together (which we are NOT). He watches our every move when we're talking or interacting. He complained that we were taking too many breaks so that we couldn't "spend time together". He has also made comments to me that he likes it "rough". He sits next to me, so some of the other comments he makes are not directed at me, but I hear them.

So you are saying a supervisor can take someone's comments that they are claiming to speak for "the entire group" and hold them against me without verifying them ... and outright name/blame people that didn't even make the comments?

And at what point does it become a hostile work environment? I now fear for my job everyday, have been made to feel like I cannot even speak and that his "friend", who happens to sit next to me, watches and listens to EVERYTHING I do. I CANNOT go to my supervisor with my complaints about his friend because I will DEFINITELY be fired if I do. So you are saying I can't even go to HR, I just have to suck it up and deal with it?

You either file a formal, written complaint (certified RRR) with HR or live with it.

 

[caliwestmom]

Sorry, I wasn't trying to be rude, I'm just frustrated
I think truthfully it is his jealousy that is causing him to do this, but I doubt I can really prove that. At this point I guess I'm trying to figure out what is best for me to CYA ahead of time incase it does get to the point that I get fired because of this. I had an issue at a job many years ago dealing with someone looking at porn at his desk in front of me and I was told after the fact that I should have went to HR and reported the issue so that there was some sort of trail of the issue occuring. So I guess I just want to find out if I need to do that in this instance, and if I should get fired as a retaliation for going to HR, do I have any recourse in that instance.

 

[Beth3]

If you complain to HR that you think sex discrimination has been taking place (i.e. you're being bad-mouthed to the supervsior by the boss's friend because you turned him down), that is protected. Complaining that you think the boss isn't being fair and that his friend is a jerk is not.