Grounds for lawsuit?

[stratus]

What is the name of your state? OH I have been an employee of this company for almost 10 years. There is currently only 3 females working on the floor of this factory. I have been working directly with this one man for about 5 years now and during this time we have had many arguments that have resulted being in the supervisors offce as well as meetings with the HR department. I have tried to keep peace with this person and go with the flow and not create to many problems. Unfortunately I got tired of being harassed by this person and finally stood up for myself. Well as it ended up we both got written up for arguing and usuing foul language (which is used there daily mind you). I felt that this was unjust because I followed procedures for this kind of thing and the next thing I know I'm on my way out the door! As it turned out I switched jobs with another employee that does the same thing as me, just on another machine, to get away from this person I had conflict with. This was agreed upon by the Plant Manager, HR, Supervisor, Union. We filled out a job trade agreement that when it was turned in they said it wasn't any good because the paper wasn't ISO certified. OK waiting for them to get the paperwork. They never came out with another paper. In the meantime I have asked my shop chairman about the paper because I wanted this official and in writing. Now 6 months later the person I traded jobs with is terminated and the company is telling me that is not my job and they put it up for bid. They told me I can bid on it but if I don't get the bid I will have to go back and work with the person, that I feel, was harassing me. I asked how can they put me back into that hostile work environment? I was told everybody needs to get along and do there jobs. If they send me back there it will be disasterous! The Union ,at the moment, holds no position on this. I have also been on a medical leave since 6-5-06. I really feel they are putting my back against the wall here. Yes I could bid on that job also but if I do that it prevents me from bidding on anything else for a year and I don't want to be locked into this position.

 

[BelizeBreeze]

Either bid on the job or not.

you have no legal issue here.

 

[cbg]

And, FYI, the term "hostile work environment" has a very specific meaning under the law, and nothing you have posted suggests that your situation meets it.

 

[Beth3]

I asked how can they put me back into that hostile work environment? Having to work with an unpleasant co-worker does not meet the legal definition of a hostile work environment.

I was told everybody needs to get along and do there jobs. That is a correct statement.

Bid or don't bid; the choice is yours. As Belize said, you have no legal issue here.

 

[stratus]

I say hostile work environment because this person intimidates me in many ways. We are suppose to work as a team and that has NEVER happened! He always says "I'm the operator" even though in many meetings he was told to help me out he never did. Things always had to be HIS way. I could never just do my job (which I was darn good at). I f he didn't get his way he was a complete idiot to work with. Temper tantrum stuff. I finally got tired of this behavior. When he would question me I finally told him don't worry about what I do your not my boss LEAVE ME ALONE! Numerous times I told this man to leave me alone and he would follow me trying to get into fights with me. One time he followed me so much I turned and told him one more gd word out of your mouth and we're going to the supervisors office. I told my supervisor about but they did nothing to him and the way he treated me they knew and they saw. They did nothing unitl I stood up for myself then we had a problem. I told my boss I didn't have to work under these conditions because the man ended up calling me a bitch. Now I follow protocol and do what I'm supposed to do and I get written up for this and all the other reprecussions but all was OK when he treated me like garbage. Sounds a little funny huh?

 

[cbg]

It's STILL not a hostile work environment under the law.

 

[stratus]

Do I have any legal rights for anything here?

 

[mlane58]

Do I have any legal rights for anything here?

Not from anything you posted.

 

[BelizeBreeze]

Do I have any legal rights for anything here?

Of course you do.

You have the LEGAL right to bid for your current job.

You also have the LEGAL right to return to your old job.

And you have the LEGAL right to quit.

 

[cbg]

However, nothing you have posted gives you grounds to sue anyone or take any legal recourse against anyone or anything.

 

[mitousmom]

The information you've provided doesn't indicate that your employer has violated any of the federal anti discrimination statutes, including the provisions that address a hostile work environment. The harassment that creates a hostile work environment must be based on race, sex, religion, national origin, color, age or disability. You haven't provided anything that suggests that bias is the basis of the problem between you and your co-worker.

You are probably going to have to look to the company's rules on trading jobs, how long the process takes, and whether your application to trade is valid only as long as the person with whom you are switching has the job. My guess is that all of that is governed by provisions in the agreement between your company and your union or past practices. I don't know what you mean when you say that the union "holds no position" on your situation. Can't you file a grievance?

 

[stratus]

The Union now says that I do not have any rights to that job because I never bid on that job. The shop chairman also states that he told me that a long time. That is NOT true! I told him before I would only trade jobs if I had rights to it as if I bid on it. All was OK then. Now that time has passed it's not. Yes I could file a grievance and try to fight this with the union but then he would have to go back to the original complaint of fighting with my co-worker. Since everybody says something different and the union isn't going to back me I feel that I don't stand a chance and could probably lose my job if I push the issue. They are all men and I'm the only women. I know I was very clear on this at the time now everybody says no. They all agree and I look like an idiot even though I know they are lying. They saved the male co-worker and they could care less what happens to me. Oh well I guess I'll do what women have been doing for years, take it and move on. I've only got another month here and I will be fully vested in my pension then I plan on moving on.