Hostile working enviroment.

[B5worker]

What is the name of your state (only U.S. law)? Virginia

I currently work for a large retail company have for the past 12 years. Over the past 2 years I've had many problems with them that have only gotten worse. I've tried contacting my HR with no resolve and has gone ignored.

They have ruined my credit due to a workers comp issue that sat on my credit for a year (I don't use my credit often and I never got any notice of an issue).

At least once twice a week I might get 8-7 hours between shifts (I.E. working till 10-11 pm and having to be back at 5am, This means at the very least I have to be up at 4am)

unreasonable expectations of a workload I mean massive amounts that need to be completed on days when I have VERY limited staff.

Unfair treatment as to days off, In retail a weekend day off is a luxury and since being moved into my current department I share with another supervisor, I was told I could not have a weekend day off anymore because my counterpart gets every Sunday off (This also goes against the companies policy of having to have an open availability.)

Was forced to transfer positions twice now, First time I was told my position was eliminated and 5 months later without ANYONE and I mean anyone knowing it was reopened and filled. The second time my store manager transferred in another supervisor and forced me out of my department into my current and was told it was "to make my transfer out of state easier". (I have been trying for over 12 months to transfer what would make them think now I would get out?)

Being held accountable for issues that others were not and out of my control (It's a really long story)

I'm hanging by a thread I've worked here without out incident for 10+ years, no bad reviews, no bad documentation, and I have great attendance. I am at my wits end. Should I see an attorney and what kind am I looking for. I'm emotionally drained.

 

[cbg]

The term, hostile work environment, has a very specific meaning in employment law and what you have described does not meet the definition. That being said, to your issues:

They have ruined my credit due to a workers comp issue that sat on my credit for a year (I don't use my credit often and I never got any notice of an issue). With no context, this does not make sense. Details please?

At least once twice a week I might get 8-7 hours between shifts (I.E. working till 10-11 pm and having to be back at 5am, This means at the very least I have to be up at 4am) Not illegal.

unreasonable expectations of a workload I mean massive amounts that need to be completed on days when I have VERY limited staff. Not illegal.

Unfair treatment as to days off, In retail a weekend day off is a luxury and since being moved into my current department I share with another supervisor, I was told I could not have a weekend day off anymore because my counterpart gets every Sunday off (This also goes against the companies policy of having to have an open availability.) As described, not illegal. (It is not impossible that your counterpart is being granted a religious accomodation, which the employer is required by law to provide.)

Was forced to transfer positions twice now, First time I was told my position was eliminated and 5 months later without ANYONE and I mean anyone knowing it was reopened and filled. The second time my store manager transferred in another supervisor and forced me out of my department into my current and was told it was "to make my transfer out of state easier". (I have been trying for over 12 months to transfer what would make them think now I would get out?) Not illegal.

Being held accountable for issues that others were not and out of my control (It's a really long story) As described, not illegal.

I would never tell anyone NOT to see an attorney but nothing in your post suggests that any laws are being violated - not even close. I'm not suggesting that it isn't a bad work situation but not all bad work situations are illegal - or HWE's.

 

[B5worker]

The term, hostile work environment, has a very specific meaning in employment law and what you have described does not meet the definition. That being said, to your issues:

They have ruined my credit due to a workers comp issue that sat on my credit for a year (I don't use my credit often and I never got any notice of an issue). With no context, this does not make sense. Details please?

At least once twice a week I might get 8-7 hours between shifts (I.E. working till 10-11 pm and having to be back at 5am, This means at the very least I have to be up at 4am) Not illegal.

unreasonable expectations of a workload I mean massive amounts that need to be completed on days when I have VERY limited staff. Not illegal.

Unfair treatment as to days off, In retail a weekend day off is a luxury and since being moved into my current department I share with another supervisor, I was told I could not have a weekend day off anymore because my counterpart gets every Sunday off (This also goes against the companies policy of having to have an open availability.) As described, not illegal. (It is not impossible that your counterpart is being granted a religious accomodation, which the employer is required by law to provide.)

Was forced to transfer positions twice now, First time I was told my position was eliminated and 5 months later without ANYONE and I mean anyone knowing it was reopened and filled. The second time my store manager transferred in another supervisor and forced me out of my department into my current and was told it was "to make my transfer out of state easier". (I have been trying for over 12 months to transfer what would make them think now I would get out?) Not illegal.

Being held accountable for issues that others were not and out of my control (It's a really long story) As described, not illegal.

I would never tell anyone NOT to see an attorney but nothing in your post suggests that any laws are being violated - not even close. I'm not suggesting that it isn't a bad work situation but not all bad work situations are illegal - or HWE's.

I guess I left out a few things that might help make sense. There was a lot of animosity with my store manager after I asked to be moved due to a knee injury that happened at work.

once I was moved out of the position that was "closed" I was moved into a department that I had to go up and down ladders a lot, anyone that has ever suffered a knee injury can tell you the ladder is your worst enemy. I asked her if I could be moved into another department (I didn't know about reasonable accommodations). She had what I can only describe as a tantrum. She flung herself into her desk and asked me if I was "seeking employment elsewhere", I explained my situation and it just go nasty from there it was very odd experience she was screaming (at this point) about never moving ect. This is when all kinds of crap started, being held accountable for things outside anyone's control and the same standards not being practiced outside of my department. Now when they transferred in the department supervisor and I was pushed out of my department I went from the smallest department to the largest and it requires a lot experience to run. I've had quite a few previous store managers actually tell me they felt that I was being setup for failure. If there is noting illegal going on I guess I will just move on, but I just can't believe that none of this creates a HWE.

 

[Willlyjo]

I guess I left out a few things that might help make sense. There was a lot of animosity with my store manager after I asked to be moved due to a knee injury that happened at work.

once I was moved out of the position that was "closed" I was moved into a department that I had to go up and down ladders a lot, anyone that has ever suffered a knee injury can tell you the ladder is your worst enemy. I asked her if I could be moved into another department (I didn't know about reasonable accommodations). She had what I can only describe as a tantrum. She flung herself into her desk and asked me if I was "seeking employment elsewhere", I explained my situation and it just go nasty from there it was very odd experience she was screaming (at this point) about never moving ect. This is when all kinds of crap started, being held accountable for things outside anyone's control and the same standards not being practiced outside of my department. Now when they transferred in the department supervisor and I was pushed out of my department I went from the smallest department to the largest and it requires a lot experience to run. I've had quite a few previous store managers actually tell me they felt that I was being setup for failure. If there is noting illegal going on I guess I will just move on, but I just can't believe that none of this creates a HWE.

For sure, it is not a Hostile Work Environment in regard to the language of the law.

When you recuperated from your knee injury and went back to work, what restrictions were carved out and documented by your doctor? Was there any requests to accommodate you concerning any restrictions? If so, did your employer refuse to accommodate your restrictions?

The only way you would have a case against your employer is if they didn't accommodate you. If, however, you were cleared to go back without any restrictions regarding your knee injury, there is no other indication (as Cbg pointed out) that would show you have a case against your employer.

 

[Beth3]

once I was moved out of the position that was "closed" I was moved into a department that I had to go up and down ladders a lot, anyone that has ever suffered a knee injury can tell you the ladder is your worst enemy. I asked her if I could be moved into another department (I didn't know about reasonable accommodations). She had what I can only describe as a tantrum. She flung herself into her desk and asked me if I was "seeking employment elsewhere", I explained my situation and it just go nasty from there it was very odd experience she was screaming (at this point) about never moving ect. This is when all kinds of crap started, being held accountable for things outside anyone's control and the same standards not being practiced outside of my department. Now when they transferred in the department supervisor and I was pushed out of my department I went from the smallest department to the largest and it requires a lot experience to run. I've had quite a few previous store managers actually tell me they felt that I was being setup for failure. If there is noting illegal going on I guess I will just move on, but I just can't believe that none of this creates a HWE.

Under the law, a hostile work environment is one where there is a pervasive atmosphere of prohibited discrimination - such as an on-going pattern of sexual harassment.

No matter how mean and nasty your supervisor is, that does not create a HWE. There's no doubt you're miserable working where you are - your best option is to find a new job elsewhere.

 

[Hot Topic]

Interesting that you mentioned that PREVIOUS store managers felt that you were being set up for failure. What they "felt" was irrelevant. You need to ignore employees or former employees shooting off their big fat mouths unless they can give you a specific LAW that prevents your employer from doing what they're doing.

 

[Zigner]

Some people despise and avoid difficult assignments as they feel they are being set up for failure.

Some people crave and seek out difficult assignments as they feel they are being set up for success.