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Hunter98

Junior Member
What is the name of your state? California

I work for a development center for the mentally challenged, and I had a co-worker that was rude to everyone from females, hispanics and even the clients, he was verbally mean. I had words with him on different occasions as have many of us had. My problem is everytime I made a complaint about him I felt retaliated against, they would turn around and write me up and nothing ever happened to him and I mean nothing. I am not the only one that has filed complaints, so it's not just me. On 2 previous occasions he had insulted my intellegence and verbally abused me by saying that I didn't know what the hell I was doing, so I fired back with some verbal words of my own, I go to my boss, explain what had happened and I get well you shouldn't have done that, we're going to have to write you up, fine I delt with it even thou I felt it was wrong because nothing ever happens to the other guy, no write up not even talked to about the incident. The straw the broke the camels back came last week, this guy had a run in with a client that I had worked with years before and I'm a good friend of his home provider. Anyway he had pulled a bike from this clients hands and started abusing him verbally and the client started crying so I asked the client what was wrong and he told me what had happened. I asked the client if he wanted to talk to his mom, thats what he calls her, and he said yes which is a right of his. So I pulled out my cell and dialed the number and handed him the phone. She decided to come pick him up from work which is ok to do. the next day I go to work and I'm in deep trouble, they tell me that 1. I didn't go through the proper channels 2. use of a personal phone which EVERYONE has and uses and 3. I released the client without prior approval, I did not release the client his boss did. I did not give the go ahead to his mom. Needless to say there was my 3rd write up because of the same guy that my 2 previous ones came from. I didn't sign the write up and told them they have my 2 weeks and they told me they except my 2 weeks but my last day would be that day, which was fine with me. I'm just curious where I stand on this issue, I loved my job and the clients came first to me and I think that's where I got in trouble. I filed complaints with 4 different agencies and 1 of them was interested in that one guy saying they been trying to get him for a while. Which confirms my thoughts that there is nothing happening on the lower level. Do I have a leg to stand on or am I peeing against the wind here? Where do I start? remember I'm jobless and I'm not sure unemployment will except me.

SORRY FOR THE SPELLING
 


JETX

Senior Member
Hunter98 said:
so it's not just me.
Yes it is. Why the hell are you confronting this person?? Are you his/her manager or supervisor??
If not, then your APPROPRIATE response should have been to let the manager or supervisor know of your concerns, then shut the hell up.
Presumably, it was NOT in your job scope to 'handle' other employees.
 

Hunter98

Junior Member
you must of misunderstood I have went to his and my supervisors and it was always turned against me, like this other guy has something on someone and they are affraid of dealing with him. When I say it's not only me, I'm saying numerous other employees and clients have filed complaints on this guy. He verbally abused me first in the janitorial closet so I spoke back. Why is it ok for him to yell at me not be able to speak back? yeah maybe I was wrong but so was he. I took my write up but we both should of got one, after all he came at me first. exactly how many time must I tell my boss before it's too many. I personally have been to my boss 3 times and it's been numerous times that co-workers and clients have filed complaints. does the law require it must be more than 3 times? do i have to show a pattern? but it is in my job scope to look after and supervise the clients.
 
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Beth3

Senior Member
I don't know why your employer hasn't dealt with this guy's behavior but from an employment law standpoint, they aren't required to. He was nasty, obnoxious and rude to virtually everyone and that is not against the law.

I understand your frustration but it appears you overstepped your boundaries on several levels. If may not be fair but if your employer wishes to discipline you and accept your resignation immediately, they may.

If this co-worker is being abusive to clients, then that's a matter for the appropriate regulatory/licensing agency to handle.
 

Hunter98

Junior Member
so the whole thing of retaliation for filing complaints against the bosses friend does not apply here? thanks for your advice though, it is appreciated.
 

cbg

I'm a Northern Girl
Retaliation protection only applies when you complain of something illegal. A co-worker being rude is not illegal.
 
cbg said:
Retaliation protection only applies when you complain of something illegal. A co-worker being rude is not illegal.
While it's not illegal for a worker to be rude, companies that do business in the public eye are beginning to take a zero-tolerance approach for the purpose of morale/reputation maintenance. In the 3 years I worked for USI Ultimate Services at the local JC Penney, I know of at least 6 people from both companies who were reprimanded and subsequently terminated for rudeness because it is considered an "attitude problem".
 

cbg

I'm a Northern Girl
That's fine. I have no problem with that. However, at the present time it is not required by law and therefore the OP has no legal recourse if the company chooses not to address the issue.
 

JETX

Senior Member
General Stoner said:
While it's not illegal for a worker to be rude, companies that do business in the public eye are beginning to take a zero-tolerance approach for the purpose of morale/reputation maintenance. In the 3 years I worked for USI Ultimate Services at the local JC Penney, I know of at least 6 people from both companies who were reprimanded and subsequently terminated for rudeness because it is considered an "attitude problem".
What EXACTLY does any of that have to do with this post or the law??
 

cbg

I'm a Northern Girl
C'mon, Jetx, since when do ANY of GS's post have any relevancy to the original post or to the law?
 
JETX said:
What EXACTLY does any of that have to do with this post or the law??
It has nothing to do with the laws but it has something to do with this thread since it was mentioned it is not illegal for a worker to be rude and obnoxious. Just because it's not illegal doesn't mean it's going to be ignored or unenforced.
 

longneck

Member
General Stoner said:
It has nothing to do with the laws...
exactly. that's why you shouldn't be posting that kind of stuff here. this is a free LEGAL ADVICE website. anything you post might be misintrepreted as a legal position, and not just the social commentary you want it to be.
 
longneck said:
exactly. that's why you shouldn't be posting that kind of stuff here. this is a free LEGAL ADVICE website. anything you post might be misintrepreted as a legal position, and not just the social commentary you want it to be.
Tell that to IAAL...
 

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