Working Conditions

[justus]

What is the name of your state? Oregon

Ok, I work for a small company so the BOLI in our area is not too interested. My boss (owner) like to throw fits, where he throws stuff around. Like yesterday, he destroyed a piece of office equipment because he was mad that he messed something up. Everyone in the office was afraid that it was going to hit someone. This is a common occurance for him. When I first started working there, he got mad at me and threw an eraser at me (white board eraser) and it hit me. I was pretty ticked.

Any way, if I quit would I be ineligible for unemployment? Is there any recourse, because this is a VERY stressful work environment. Any help/input would be greatly appreciated!

 

[Ramoth]

While whether or not a UI decision would be in your favor is based in a number of factors, including (sometimes) the number of jelly donuts available in the break room, if I were you I would not be counting on receiving UI after quitting. Believe it or not, there's nothing illegal about throwing a temper tantrum. Instead, you should brush off the resume, and look for a new job. And when you turn in your notice, attach it to a punching bag so he'll have a more appropriate outlet for his anger.

 

[justus]

What about hitting employees with things? I'm not the only one he's thrown stuff at.

 

[krispenstpeter]

What about hitting employees with things? I'm not the only one he's thrown stuff at.

Did it ever occur to you to file assault charges against the idiot, get together with other employees and take this jackass for a 'come to Jesus' meeting in the men's room, or just beat the living crap out of him the next time the two of you are alone?

 

[justus]

Um, yeah, I made it pretty clear that the next time it happened he should be watching his back... I just have a family to support, mortgage payment, etc... just like everyone else. I've been looking for another job really hard, hopefully tech market picks back up soon.

 

[Amber6]

Hi, I'm new to the boards and was looking for advice.

Anyway, it might fall under Constructive Discharge

"Constructive Discharge Taxonomy: Employment Law> Constructive Discharge


An employee has been constructively discharged when he/she is subjected to treatment so hostile or degrading that no reasonable employee would tolerate continuing in the position. An employee claiming such treatment must show that his or her working conditions were so unpleasant or difficult that a reasonable employee in that position would have felt compelled to resign."

This is written as if the person resigned due to thsi stress, but I believe your boss's little outbreaks of rage fall under this, (another form of harrassment at work).

Might be worthwhile to ask an labor/employment law attorney about it??

 

[Beth3]

"another form of harrassment at work" Actually, it's not. It would only be prohibited harassment if the boss were singling certain people out for his abuse based on their race, gender, religion, national origin, etc. If he only threw stuff and screamed at the women or only did so to the black employees, then it would be harassment/discrimination. As it is, this boss is what may be called an equal opportunity jerk- that is, he treats everybody badly and that is perfectly legal.

Yes, justus's situation *might* fall under constructive discharge for UC purposes (only) however whether the UC Division would determine that the boss's conduct was so outrageous that "no reasonable employee would tolerate continuing in this position" is an unknown. I doubt the boss destroying a piece of office equipment, throwing stuff around, and having an occasional fit rises to that level. Now if he is thowing office equipment AT the employees, that would be another matter. The situation is just too fact-specific for anyone to advise justus what the outcome will be if she quits.

 

[Amber6]

Beth,

Thanks for clarifying.

Seems to me that Employers/Bosses have quite a bit of leeway to act abusively, with no repercussions.

It's pretty sad.

 

[Beth3]

You're right. Bosses do have quite a bit of leeway to act abusively. But employees get to "vote with their feet" when the boss is a jerk, which means they're free to find a new job and head for the door anytime they feel like it.

The boss in turn is free to occupy his time filling in for people who have quit as well as experience the significant financial consequences to his business of the constant turnover. That's the beauty of a free market system.