Is this harassment or a hostile workplace?

[soulslayer]

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

I work for a small company, 5 other employees and my boss. I have worked for them for over 3 years. He (the boss) yells and curses at me everytime I disagree with anything he says, or if I try to recommend anything creatively. He has done this for years, but I've tolerated it because I need the job. He also likes to stand behind me and watch me work over my shoulder, despite my repeated requests for him not to do that because it makes me very uncomfortable. He likes to rub and touch on my shoulders, even though I've told him repeatedly that it "creeps me out". He also calls me a male name, and refers to me with male terms (bubba, guy, etc).

He has spoken to me a few times telling me that my "attitude" is rubbing off on anyone else at the company, but I have explained that I am just stand-offish when it comes to dealing with him because of how uncomfortable I feel.

The last straw came a few weeks ago, when he told me he was laying me off in May due to budget issues and the fact that I have a bad attitude and just don't mesh with the other workers.

He has been known to yell and curse at others before he fired them as well, but he's always seemed to direct his anger and slurs at me...I don't know why.

And yes, I've complained, but it has been to his wife...who also works for the company in a budget/hr sort of position...so he complaints go nowhere.

Any advice? This certainly FEELS like a hostile workplace scenario, but I'm no expert...you guys are.

Thanks for reading.

 

[pattytx]

Yelling and cursing, in general, is not illegal harrassment, although it's rude and unprofessional.

 

[Beth3]

It was certainly an unpleasant work environment but the legal definition of an HWE has to do with a pervasive atmosphere of discrimination due to sex, race, religion, etc. Unfortunately, your five years of loyalty, putting up with the boss's abuse, and your hard work for this jerk was repaid by having your job eliminated. Given the type of person he is, it's not a huge surprise. Focus your energies on looking for a new job. Good luck.

 

[commentator]

All this insulting and cursing and swearing and such is to try to get you to quit before he has to lay you off. If you quit, you get no unemployment. If he lays you off or fires you without a good misconduct reason (and proof thereof) then you get to draw unemployment on his tax records, his company's unemployment taxes go up, it ultimately costs him.

The only interest is self interest. The guy is mad at you because you are going to cost him money if he can't get you to quit! So he is quite motivated to make your life miserable. Plus, it probably comes very natural to him to be a jerk.

We are so conditioned to want to be praised and appreciated by our parents, teachers, and later our bosses. All bosses are not nice people. But in this situation, be tough, do the job to the best of your abilities, and don't expect him to behave reasonably. Ride the job out until the end, when he does lay you off, then go at once and file for unemployment insurance. Do not quit beforehand unless you have found another wonderful new job. (And not just the prospect of a new job, but a definite, real job offer made and accepted.) Of course you'll be looking diligently for that job now and after you're laid off, and it is out there.

When he is critical, be polite, professional and pleasant. He has much to lose by firing you. If you are doing your best, and he fires you for failing to comply with whatever request or performance standard he requires of you, then you will very likely still qualify for unemployment insurance.

An EEOC case is different, through a different agency than unemployment.
Any time he touches you inappropriately, look directly at him and tell him that you do NOT want to be touched. Document each incident that you consider to be inappropriate, touching, name calling, insulting, with date and time and what happened. Each time, tell him clearly that you do not think this is appropriate, and you do not want to be treated this way. If he becomes more aggressive in a physical way, call the police and press charges. If he screams and yells and curses or calls you names, politely remind him that you do not feel that it is appropriate for him to talk to you this way. If he threatens to fire you, smile inwardly. Tell him he needs to to whatever he thinks is best.

Do NOT accept any terms like "Well, if you resign, I'll give you a good reference, and you won't have to tell people you were fired."

If he fires you, go home quietly and file for unemployment insurance at once. When you have the incidents you can remember, and that happen from here on out, file a complaint with the EEOC commission in your state about his behavior. They will take a claim and make a decision about whether or not you have a case, but it may take a really long time for them to get around to doing it.

 

[You Are Guilty]

I am about as anti-harassment as you can get, but even I have a problem with:

He likes to rub and touch on my shoulders, even though I've told him repeatedly that it "creeps me out".

Being "mean" is one thing, groping is quite another. If you can substantiate these actions, I think there is a viable claim. (Not one you are going to be able to retire over, but something).

 

[commentator]

Oh yes, I think this person may certainly have a valid claim with EEOC. And I think she should file it, too. But in the meantime, she needs to let them fire her or lay her off, and get her unemployment insurance going.

The two agencies are totally separate, filing an unemployment claim and reporting sexual harrassment doesn't automatically get it transferred to EEOC, and having an EEOC letter or filing a suit doesn't mean one gets approved for unemployment. I just wanted to be very clear about that.

I also think she should certainly be more specific with the man, not just "Please don't do that, it creeps me out!" But "Please do not touch me!" and getting out of his clutches physically away from him. And document this occasion, year, month date and hour. Witnesses? He's got to be...well, I guess some people are pretty dumb, but surely it has crossed his mind that there is such a thing as ....well, as I said, some people are really dumb.