Hostile work environment

[Centraljet]

What is the name of your state (only U.S. law)?new york What is the name of your state (only U.S. law)? New York
Im a disabled Vet over 50%. Im not sure if Im allowed to say who I work for , but my situation started 3 years ago. In my line of work I analize peoples accounts. If I dont make six mistakes out of sixty accounts I am allowed to work overtime or credit time. The only thing that has to be done is my manager has to go to the department supervisor's approval. This applied for the other 40 co-workers who are off probation with me.
I brought my reviews to my manager and she said she will get to it that day. At this time there were several people working overtime in there unit. Two days later I approached my manager again and she replied after the meeting she will go get my work signed off. To make a long story short after 3 weeks and she still did not approach the supervisor. That day was my birthday. The supervisor was in the managers office. I figured she is going to sign it off. The supervisor approached me and said Happy Birthday and handed me a card. She then left. I was angered. I walked to the union office and explained my situation. Ten minutes later the supervisor comes to me and apologizes to me and said I can work OT or credit . She then went to my managers office and has a talk with her. This is where my 3 years of being uncomfortable to work for her begin .
My work environment is open. Everyone can see each other as you work on the computer at your desk. So there are a lot of conversations that go on when working. As everyone has there conversations I turn around and have a quick talk to my coworker . The manager comes out of her office and yells at us to stop talking and work . But as everyone elso is talking she does not single them out. She would always point out little mistakes that hapen to other people but I am the one who she comes to. Since I have a service connected injury I filled out the proper paperwork to get a better chair. One day I wasnt feeling good(from my disability. I share my desk with a dayshift worker. So I have to put my chair in a location in our unit out of the way. When I got into work I just sat down. I didnt get my chair. I got distracted and just started to work. I was on my way to the bathroom my manager comes to me and says Chris how come you dont have your chair. In the 3 years I have worked under her. The few times I didnt get my chair. She would go out of her way to tell me why dont I have my chair.
Another day, as I am on my 15 min break with a friend I had to use the restroom because of medication effects. I got back about 10 minutes late. As I pass her office she tells me Im late. I told her what had happen. She tells me I cannot take my second 15 minute break. I read the federal policy Im suppose to take the time that I am late off of my vacation time or sick time. She cannot take my break away. At the same time other people are late and nothing is said. There was a coworker who fell asleep in his car durring lunch break which is 30 mins. Well after being 45 minutes late fron lunch he wasnt talked to. The lead said next time give your number to someone if you go to your car just in case your late they can contact you.
I got detailed to another department for several months. I gathered some items. As I am leaving she comes to me and says are you taking your chair. I told her i got my hands full and Im coming back.
I forgot to add the person in front of me has a disability chair and has to get it from the place where I put my chair at the end of every shift. Nothing is never pointed out to him. Another day I got news my dad has terminal cancer. I got very emotional and I could compose myself so I texted my friend and she came to a room where I was at. I explained my situation so she went to my manager to come to my location due to my emotions. My friend told her what has happened. She comes to me and I told her I need to leave to be with my family. She asks me am I taking sick or vacation. I said I need to stay in this room I didnt want to make a seen. She replies Ill give you a few minutes Im having an unit meeting in this room.
Our unit is about 13 employees. The smokers in my unit go outside including my manager at least once an hour. We get 2 .5 hrs breaks for 8 hrs and .7 hr breaks for 10 hrs. You add up the smokers time. But I get talked to because I had to use the bathroom just at the end of my 15 min break.
Another incident happened when I came in early at 2:30pm to work OT. My shift is 4:30m to 1:00am. That day at 4:30pm I had to be at a training class. The lead didnt put enough work out the night before for the employees who may come in to work OT. I finished up the work that I had. I went to the cart but there was nothing left. It was 4:15pm. I was working on something and the manager approached me why am I working on that. I told her theres no work on the cart and I only have 15 minutes to class. She yelled at me saying I should be working OT if there was no work. Its not my responsibilty if there is work or no work. She being the manager never told our unit there is no OT because of lack of work.
Just a week ago I sent an email to my co workers and my manager about a fundraiser is set up for my best friends niece who is 5 and has cancer. Can you please spread the link to your friend and family. 10 days later, I get called in to the supervisors office . He said I cant send solicit email through the companies email. I said sorry I didnt know. He said he is sorry for the situation but dont do it again. I got a write up. Well, just two days prior to my email the person who works in front of me sent a solicitation email to everyone including the manager. It was for his time share. If we go anywhere get with him and he can get then a good price through his tie share. He sent that same email 3 months ago and in August he sent an email for donations for his daughters school marching band. I asked him has he ever been told not to send solicit email through the companies email. He said no. If I did something wrong why didnt the manager come to me when she read it and tell me I did something wrong. This just happen. I asked the supervisor how did he get the email and he said it came across his desk. I am not sure if I should approach him and ask if it was my manager.
I did tell him I seen solicitation emails get sent to us. He asked who but I wasnt sure if I should be a rat.
I can list more situations but its been going on for 3 years.
One note also is the manager maybe an alcoholic because not just me but most people smelled alcohol on her breath at work. Everyone walks on egg shells because one day she us nice and the next you dont want to approach her. The worker I explained towards the beginning of this email moved to dayshift because he had to get away from her. I can due the same but I dont want to lose night time differential. If I get switched to another unit is like telling the waiter the food is not cooked. She is friends with the night managers in the department.
I was told that another disabled veteran has a law suit against her and I cant remember if any others were named.
Do I have a case?

 

[Proserpina]

What has your union said?

 

[Eekamouse]

No. I don't think you do. I think you are being overly sensitive to any criticism you receive and it sounds like you spend way too much of your time sticking your nose into how you think others are being treated better than you are instead of just trying to do the best job you yourself can do and minding your own business.

 

[justalayman]

I read the federal policy Im suppose to take the time that I am late off of my vacation time or sick time. She cannot take my break away.

sorry but there is no requirement for a break, or lunch for that matter under federal law. Besides that, she did not take your break away. She rescheduled it to coincide with the additional time you took during your first break.


I suspect she asks about you not using your chair because you felt it enough of an issue you required they provide you with a special chair. Not using it suggests your request was not out of necessity.

One note also is the manager maybe an alcoholic because not just me but most people smelled alcohol on her breath at work.

that is your business why?

Do I have a case?

a case for what? It sounds like she doesn't like you and treats you as such. Nothing inherently illegal about that.


so far, nothing I read suggests you have a claim against anybody for anything. Since it appears you do have a union, you should be addressing your concerns with your union representative.

 

[commentator]

I think maybe you are wanting to say that you are being mistreated or are having to endure a hostile work environment because you are a disabled vet. And you are collecting random grievances, have been doing this for the last three years, she looked at me wrong on this date, she said this to me on this date, etc. And you do not, under any kind of federal law that I can think of, have any kind of clear cut pattern of discrimination toward a protected group going here. Just that YOU personally, feel that you've been treated unfairly in this way and that way and this way and that way and on and on and on. It could very well be that you have a bad supervisor, who really does not like you personally. Have you tried to solve these issues constructively with the person, and with higher management? If so, and there has been no relief, your only recourse is to find another job or transfer to another area of work.

If another person "has a lawsuit against her" I'd be quite interested in seeing what it's all about. Maybe you could join it. But I strongly doubt it's there. And as everyone has said, your union will be most helpful in working through any disciplinary issues with a supervisor you don't like of who doesn't like you. The courts would be quite full if you were able to sue everybody who did not treat you as you perceived to be fair and just and as you'd prefer on the job. Not much else would get done.
Stop muttering about suing somebody and get to work on figuring out ways to change your work situation so that it will be better for you. You may want to stop spending so much of your time talking to your co workers about the horrible work situation. That might help a bit.

 

[Centraljet]

Reply

Her main problem that I see is that she is an alcoholic and I am not the only one who smells alcohol on her breath. Yes it is strong. I fear if I was the whistleblower with her smelling like vodka. Everyone that is in my unit, about 13, look at each other when they smell it as she is talking to us in a small circle. I know if Im a whistleblower I would be protected. This person has been year for years. Most of the managers are friends with her if I was transfered to another night unit. Basically they would have to send me to a different department and get trained or go days but I would lose night Dif.
I forgot to add this information.

I think maybe you are wanting to say that you are being mistreated or are having to endure a hostile work environment because you are a disabled vet. And you are collecting random grievances, have been doing this for the last three years, she looked at me wrong on this date, she said this to me on this date, etc. And you do not, under any kind of federal law that I can think of, have any kind of clear cut pattern of discrimination toward a protected group going here. Just that YOU personally, feel that you've been treated unfairly in this way and that way and this way and that way and on and on and on. It could very well be that you have a bad supervisor, who really does not like you personally. Have you tried to solve these issues constructively with the person, and with higher management? If so, and there has been no relief, your only recourse is to find another job or transfer to another area of work.

If another person "has a lawsuit against her" I'd be quite interested in seeing what it's all about. Maybe you could join it. But I strongly doubt it's there. And as everyone has said, your union will be most helpful in working through any disciplinary issues with a supervisor you don't like of who doesn't like you. The courts would be quite full if you were able to sue everybody who did not treat you as you perceived to be fair and just and as you'd prefer on the job. Not much else would get done.
Stop muttering about suing somebody and get to work on figuring out ways to change your work situation so that it will be better for you. You may want to stop spending so much of your time talking to your co workers about the horrible work situation. That might help a bit.

 

[davew128]

I know if Im a whistleblower I would be protected.

Not for something like this. Being drunk at work is not illegal or against public policy even if its a bad idea or a bad employee. Mind you, in Massachusetts being drunk at work will keep you in the Senate for half a century.

 

[Proserpina]

Her main problem that I see is that she is an alcoholic and I am not the only one who smells alcohol on her breath. Yes it is strong. I fear if I was the whistleblower with her smelling like vodka. Everyone that is in my unit, about 13, look at each other when they smell it as she is talking to us in a small circle. I know if Im a whistleblower I would be protected. This person has been year for years. Most of the managers are friends with her if I was transfered to another night unit. Basically they would have to send me to a different department and get trained or go days but I would lose night Dif.
I forgot to add this information.

I think you need to read this about whistleblowing: http://www.whistleblowers.gov/

 

[Centraljet]

Not for something like this. Being drunk at work is not illegal or against public policy even if its a bad idea or a bad employee. Mind you, in Massachusetts being drunk at work will keep you in the Senate for half a century.

Ill have to look into my federal policy book at work and see if beeing intoxicated or drinking in a government facility is allowed. If not I know drinking and driving is.

 

[commentator]

Reporting your supervisor is drinking on the job still does not mean you are a whistleblower or that you are protected. You would need to go into this with your HR. And it's going to be tough to show for sure that this supervisor is actually intoxicated unless you have active video of your supervisor drinking on the job, eyewitnesses, etc. Smelled alcohol on the breath isn't quite enough.

Being intoxicated on the job, if they actually were, may be something that could cause your supervisor to be tested, reprimanded, referred to treatment, etc. but unless you are actually endangered by their drinking, they are not creating an unsafe working condition for you and reporting them isn't going to get you kudos as a whistleblower. Why don't you back off from this situation as much as you can and let things happen as they may? If this person is really bad, and many people are noticing it, something may well happen without your having to fight it through continually. You say yourself that you could get away from this situation by changing to days, but you don't want to lose your pay for nights. Okay, then it's not that bad yet. You say it would do no good to complain to other supervisors. Okay, that's the way it is, then. No case. No threat. No lawsuits.

You are not going to be able to make any sort of case against your supervisor for causing you, just because you are a disabled vet or something a "hostile work environment." Being a federal employee and a disabled vet does give you certain levels of employment protection you wouldn't have in the private sector, but it doesn't mean you have to be treated any certain way or given an unusual degree of fairness by your immediate supervisor or that you would have any kind of legal case if you felt this wasn't being done or they're not being good to you as you have described here.

 

[TinkerBelleLuvr]

I'll throw this out. HOW do you know your supervisor is an alcoholic? Is it based on a "smell?" If so, did you know that someone whose liver isn't function properly but does not drink can have that same smell?

 

[Ladyback1]

I'll throw this out. HOW do you know your supervisor is an alcoholic? Is it based on a "smell?" If so, did you know that someone whose liver isn't function properly but does not drink can have that same smell?

Diabetics can also give off a similar smell....

 

[Centraljet]

I'll throw this out. HOW do you know your supervisor is an alcoholic? Is it based on a "smell?" If so, did you know that someone whose liver isn't function properly but does not drink can have that same smell?

I was in law enforcement so I know that. Im not going to give her a FST. Until the day she leaves work and kill someone, maybe someone that you know or your family. Then people would say why didnt her job do anything if a bunch a people smelled alcohol coming from her breath. Well, Thats why I ask you all before I let my anger get the best of me and embarass myself. Also, Im not going to drive behind her either to see if there are clues of her driving intoxicated. Im here to get advice and knowledge.

 

[Zigner]

Smelling of alcohol does not a drunk (or alcoholic) make.

This sounds to me like your boss doesn't like you. Yeah, it happens. And, food for thought: The excuse of "everybody else is doing it" didn't work when you were a kid, why would it work now?

 

[cbg]

people would say why didnt her job do anything

Would you be good enough to explain to me why her employer is responsible for stopping her from drinking, rather than, say, her family?

If indeed she is drinking at all?