Abusive Liar forced me to quit

[arlenex]

What is the name of your state? Michigan

Long but there are several issues. Three months ago I interviewed for a job as Administrative Assistant to the owner/president of a small successful consulting firm. I was hired on the spot and he gave me handwritten notes about large salary increases, and promised to reimburse me for any out of pocket medical since he has no health plan.

During interview he kept talking about how he has a house in Hawaii, and a personal housekeeper, blah blah. An egotist. But I'm in my 50s, temping and I needed a job and it sounded good.

He said we would draw up an employment contract later but he needed me now to work with person who was quitting. On first day I found out that it was a high turnover job. He fired one woman after 2 days. Seems that no one can measure up to his former Assistant, a young Asian woman who walked out on him 6 months before I showed up in response to an ad. He was abusive, yells and curses a lot, and then apologizes. I was in tears several times because of the emotional battering (slammed phone in my ear, says I am too sensitive, etc.)

By the way I am over 50 and African American. Anyway my second week there his former Assistant (a very smart, attractive young Asian woman) came in and they met behind closed doors. Upshot is he hired her back (!!!) But assured me there was enough work for both of us (which is true - very high pressure, heavy workload).

I asked several times about the Employment Contract (I even drafted it up myself) and he kept saying he did not have time to look it over, he misplaced his copy, etc. etc. Then after awhile he said "I don't want to hear anymore about it. I'll do it when I have time." One Saturday I went into office to actually do some work and did some snooping. The woman he fired right before I came had an employment contract and he was paying her twice my salary but he asked her to resign and paid her 2 weeks salary because she pissed him off. I also found a file which showed he had been sued for sexual harassment by yet a different woman a couple yrs ago and he settled.

I presented bills for out of pocket medical and he delayed signing the reimbursement check ($160). When I asked him about it he said "Well, I will sign this check but you misunderstood. I never would have agreed to pay your medical. That's insane." I told him there was nothing to misunderstand because I had his written notes from the interview. He signed the check, but was pissed.

Every day I was a nervous wreck. I told him it was not working yet he asked me to stay and give it a chance. There was a big scene between him and another staff member (a male) and the boss grabbed a desk drawer and crashed it against a filing cabinet and it splintered all over the place. Then he fired the guy and told me to prepare a final check.

In mid March there was yet another scene where he cursed at me in front of people and then gave me the silent treatment for several days - he was traveling and when he called in he would just say "give me my messages and let me speak to (his young Asian Asst)". He gave her a $10,000 raise that same week.

Well, I feared for my safety and my emotional health (I am on high blood pressure medicine.) Three weeks ago I went in and he apparently was running late. So I told his "other" Assistant I was resigning. I cleared my things out of the office, organized pending tasks, and placed a terse letter of resignation on his desk, gave her the keys and said "Goodbye". Friday was payday and I got my direct deposit pay which was current. No severence because I never fgot chance to talk to him face to face that day - not that he would have offered a dime anyway. I was sick of looking at his mug and listening to all his "Hawaii" BS.

I filed fo runemployment and said reason for quit was I feared for my safety, health, and employer refused to honor verbal and written agreement of employment terms and said I was "confused". Yesterday I received notice that unemployment benefits have been APPROVED. But I am job hunting and almost broke.

I feel I was harassed, bullied, and discriminated against in addition to being lied to. What else can I do?

 

[Sinsaint26]

The bulk of your story is about this employer's wild temper. Physical actions like throwing drawers, slamming phones and screaming is not actionable unless one of these things hit you or his screaming was laced with racist comments or other comments about your age, gender, religion, etc. You cannot sue your employer for not honoring a written contract as there was no written contract. I understand you are saying that part of your decision to take this job was based on the contract but that can never be proven and there is no way, with any certainty what promises this contract would have contained. A verbal contract is even harder to prove because that will come down to a "he said, she said" scenario.

The only part of the contract which you mentioned is him paying your medical and from what you posted he did that. The large salary increases could be highly debated. His idea of large and your idea of large could be two very different things. He may also have an arguement that you needed to do achieve certain goals before you would be eligible for these raises. If you feel that you were treated this way because of your age, race or gender you can file a complaint with the EEOC (so long as your employer employs 15 or more people). And you should also prepare yourself for the fact that your employer could appeal the UC decision. Good Luck.

 

[arlenex]

Sinsaint.
What about the fact that I have his written notes, made during the interview, in HIS writing about reimbursement of medical expenses, raises, etc. Granted I did not stick it out long enough to get a raise but this is not all verbal. Yes he paid once for medical expenses but told me he would not do it again. I wrote a mmo confirming that he said "I misunderstood" and reminded him I had his written notes committing to do so and his written notes agreeing to enter into a formal written employment contract upon my coming on board.

Also, doesn't this "hiring of his former young Asian Assistant" then bullying and abusing me count for anything?

He did make a few "jokes" about Blacks but not dureing his temper tantrums. Of course he would "not remember" saying such things. There are less than 15 people - total of 6 employees and 2 are out of town, so EEOC would not apply (I already checked into that).

I just find it strange that this is not seen as abusive, if that is what you are saying. The smasjed desk drawer would scare any reasonable safety-conscious person into not wanting to work there.

As far as Unemployment, they did contact the employer but when I filed I provided copies of a couple notes I wrote to him and my resignaiton letter. He did not appeal or contest the unemployment claim probably because he is glad I am gone and wants to close the books on me. I sure as hell am not using him as a reference or even putting on my resume.

Also, if I don't find a job soon, will my unemployment benefits come out of his pockey of do employers pay into some fund or tax. Wondering how that works.

Thanks.

 

[Sinsaint26]

His treatment of you may very well have been totally out of line and maybe even illegal but unfortunately completely legal in his case, in the sense that this employer is not subject to these laws because of his size. Believe it or not, if an employer has less than 15 employees (barring a state law which reduces the amount of employees one must have to be subjected to complying with anti-discrimination laws) he is free to run his business however he sees fit.

"Also, doesn't this "hiring of his former young Asian Assistant" then bullying and abusing me count for anything?"

"He did make a few "jokes" about Blacks but not dureing his temper tantrums." These are moot points because your employer is not subject to these laws. I understand your frustration but legally there is no action which you can take on these matters.

The only thing you could have a claim on is any outstanding medical bills that you may have incurred while employed by him. His hand written notes might be enough to make him liable for any past due bills. If that is the case you can take him straight to small claims court. Other than that you have no course of action against him.

 

[arlenex]

I'm considering sending a Letter of Demand to his attorney documenitng everything and requesting a few months salary as compensation for all I went thru, He is cheating the IRS, too,

This sadistic freak is a real piece of work.

 

[Sinsaint26]

A demand letter is used to inform the employer that unless you can reach a settlement you will sue. You cannot sue for anything. You have no leverage to bargain with. Not to be rude but if I were your employer I would laugh which is probably what he will do. You should stop wasting any more time and energy on this employer and just move on. It isn't worth it.

 

[Beth3]

You can certainly send the letter but I sure wouldn't count on getting any severance in return. Your former boss is obviously a person with no consideration of others and appears to have a major "personality defect."

There are two possibilities you may wish to discuss with an attorney - first, whether the promises made to you when you were hired constituted a contract (even though they were never put in writing) and second, whether you have a cause of action for intentional infliction of emotional distress. I have to comment though that the odds of your having the basis of a suit for either action are very slight and even if you do, you'll also have to consider the cost of litigation with no assurances you'll prevail in the end.

Chances are, you'll just have to put this miserable experience behind you and be more cautious in selecting your next position. Being offered a job "on the spot" should always raise alarm bells. A reputable employer just doesn't do that.

 

[arlenex]

I have to agree that being offered a job "on the spot" without reference checks, etc. AND the high turnover rate (revolving door) were major red flags.

But, as I keep saying he DID put things in writing - made notes during interview and handed HIS notes to me. Of course a lot of what he wrote and said (including all the Hawaii talk) was just to entice me to take the job. He admitted he was desperate, and I was just as desperate because I needed a job.

I understand what both of you are saying but you must admit - eleven (11) Assistants in and out the door (fired or quit) over the course of 8 months says something in itself. On top of that, the sexual harassment lawsuit and the "desk drawer smashing".

The guy is a nutjob.

 

[Beth3]

No question about that. He's a world class jerk with an abusive personality. Let's hope you never encounter another one.

Ya gotta feel sorry for the former assistant who decided to return to work for him. She must REALLY need the job.

 

[justvisiting]

Wow. Sorry you got caught up in this mess, Arlene. Since he was the Owner/Pres and it was a small company no HR and no recourse.

Hindsight: It would have been nice if, after determining it was not working and that you could not tolerate his emotional battering and other BS, you had been able to say to him: "This is not working. Let's try to come to some arrangement to get you a replacement. I will even help you recruit and train, if you like. But we are not a good match."

A "reasonable" person would have gone along with this and paid you maybe a month's salary and wished you luck. But based on what you posted, this NUT would either have told you to get the F out of his office or "promised" you a sum of money then told you to hold your breath.

This guy is a maniac and yes, a sadist and a bully. Some people are proud of being a$$holes with power over people. Major personality defects is putting it mildly.

LOL@all the "Hawaii" talk. Of course, whether or not he has a house in Hawaii is irrelevant. That was his schtick to entice and impress people. Works for awhile - with "some" people.

(Would have been perfect if you signed your resignation letter "ALOHA, you lying psycho." Maybe he siffered from "lackanookie" )

Best wishes.