is this harrassment

[Lovingmom1]

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

I have searched the California website and can't find anything that relates specifically, hopefully I can get some help from you!

A bit of background:
I am an elementary school teacher. There is another teacher employed by our district and on our staff who continuously bullies and harasses other teachers. This behavior has been documented and our district has done nothing that has changed her behavior. Her behavior varies from serious to mild. (Some examples: screaming at a colleague at the top of her lungs, using profanity, name calling, wearing sunglasses in a meeting, verbally degrading colleagues) This is the behavior directed at staff, we could have a whole other conversation about behavior directed at students. Keep in mind there have been issues with that, and she has then turned on staff members who have tried to hold her accountable.

Her behavior has never been directed specifically at me, but I have submitted complaints to my direct administration based on inappropriate language and conversation directed toward another teacher in my presence, as well as what I perceive to be corporal punishment, again nothing to change the behavior has been observed. (2 complaints this year and several in years past) We have had an administration turn over every year for the last 3 years, and our principal this year is new to our school, but there has been plenty of documentation passed on from year to year regarding prior events.

My specific dilemma:
Yesterday, this teacher sent an email to the spouse of my co-teacher claiming that I had spoken badly of him and his class, she blamed me for events that were not true and called me disloyal. My concern is not necessarily the content of the email since I'm sure the details are irrelevant, other than the fact that the story she relayed was not true.

Bottom line, I have received a pink slip and have only several months left in this district or at this school if rehired. I want to enjoy the last few months with my kids drama free. I want this person to go away. I'm not focused on a punishment or consequence for her. I want her to leave me alone. I feel as if our district so far has not and probably in the future will not solve this issue, and I'm not kidding myself into thinking this is the instance that they will take a stand.

Speaking with her will not solve this issue as she is highly volatile and will turn a civil conversation into something I don't want to engage in.

My questions:
Is this harassment? Does this fall under labor laws regarding hostile work environment? I want it to stop, how can I word my complaint to be strong enough to make my admin take notice and yet not sound confrontational?

I have read my union contract and it does not address personnel to personnel conflict, only teacher to administration conflict. Do I need to take my complaint (if there is one) to my union rep or is this something I take to my admin to deal with directly?

 

[eerelations]

This may be harassment, however, based on the information you've provided it's not illegal harassment. And a hostile working environment as defined by law only exists where illegal harassment is occurring.

(For harassing behaviour to be illegal, it must be based specifically and directly on things like your race, gender, religion, age - only if you're over 40 - or disability.)

 

[cbg]

No, this is not considered illegal harassment, is not covered under labor laws, and does not meet the legal definition of a hostile work environment. It's unpleasant, I know; I've been there myself. But people in this country are allowed great freedom to be jerks - even world class jerks, and employers are not required by law to force them to stop being jerks; even world class jerks.

Unless the adverse treatment is based in your race, religion, national origin or other characteristic protected by law, it is not illegal and is not addressed by law. Your co-worker sounds like what is wryly referred to as an "equal opportunity jerk" (you may substitute the adjective of your choice).

 

[Beth3]

I want this person to go away. I don't blame you. I'd be fantasizing about cutting the brake cables on her car.

Is this harassment? Does this fall under labor laws regarding hostile work environment? No and no.

I want it to stop, how can I word my complaint to be strong enough to make my admin take notice and yet not sound confrontational?

You can't make it stop and it appears school administration is either unwilling or unable to do so. Since the teachers are unionized, firing "bad" teachers is extremely difficult from what I understand.

All you can do is lay out the issues just as you have here and hope they do something, although I'm sorry to say it's very unlikely. Administation is well aware of her behavior and the problems she's causing with other teachers and her students.

I have read my union contract and it does not address personnel to personnel conflict, only teacher to administration conflict. Do I need to take my complaint (if there is one) to my union rep or is this something I take to my admin to deal with directly?

Your union rep wants nothing to do with this; he or she is not going to take the side of one union member vs. another. Nor is your union rep in a position to counsel, discipline, discharge or in any way address this teacher's behavior.

 

[Lovingmom1]

I want this person to go away. I don't blame you. I'd be fantasizing about cutting the brake cables on her car.

Is this harassment? Does this fall under labor laws regarding hostile work environment? No and no.

I want it to stop, how can I word my complaint to be strong enough to make my admin take notice and yet not sound confrontational?

You can't make it stop and it appears school administration is either unwilling or unable to do so. Since the teachers are unionized, firing "bad" teachers is extremely difficult from what I understand.

All you can do is lay out the issues just as you have here and hope they do something, although I'm sorry to say it's very unlikely. Administation is well aware of her behavior and the problems she's causing with other teachers and her students.

I have read my union contract and it does not address personnel to personnel conflict, only teacher to administration conflict. Do I need to take my complaint (if there is one) to my union rep or is this something I take to my admin to deal with directly?

Your union rep wants nothing to do with this; he or she is not going to take the side of one union member vs. another. Nor is your union rep in a position to counsel, discipline, discharge or in any way address this teacher's behavior.

Thank you, everyone, for the help. Now I know why I couldn't find anything on the California website! I think I will take the letter to my administration simply to provide documentation of yet another incident and then hope that she will handle it. But, I will expect nothing since it's not against the law nor has the district done anything about any of the bigger issues. Thanks again~

 

[Beth3]

You're welcome. Good luck.

 

[cbg]

I've never understood why some employers are willing to put up with this nonsense. Hopefully yours will pay attention. Good luck.

 

[commentator]

I think our OP is paying 'way too much attention to a situation that did not apply directly to her anyhow, and thus became embroiled in it by involving herself.

I agree, there is far too much bad employee behavior tolerated by inefficient employers who feel that they "can't do anything about it, they might sue us!" when in actuality, they could do something, they could do many things.

But for a person in this OP's situation, I would not take the letter anywhere, cause any more ripples, do anything at all to get this crazy person's attention trained on me and my family. Because that's what this unbalanced person is looking for, validation by producing a response from someone, getting someone to "stand up and fight" with her. Don't be that person. You have a life apart from this job, sounds as though you are getting away, disengage, forget this person (within reason, lock your door, be vililant about all social media, use reasonable caution in all your daily activities) and move on.

I once saw a client who was sent a form letter due to non-reporting and sent back a ten page misspelled, profanity filled ramble about the government and state employees in general. As a sort of joke, I suppose, the state employee who had sent the original form letter corrected and commented upon the second letter and returned it. For her trouble, she got her own personal stalker and a problem that went on for years!