Hostile Work Environment

[Traumaticstress]

A sexual harassement complaint was made against me by a co-worker through my HR dept. The complaint occrred 2 months ago, and 2 days ago I was finally able to sit with the HR dept and my manager to discuss the situation. I was shocked to be notified that I was on "Final Notice" for my behaviors at work. The circumstances surrounding the incident were 1. A co-worker enter into a personal chat site of "female to female" orientation. 2. Other co-workers pointed this site out to me while I was working 3. Myself and other co-workers were naturally curious and I entered into the site to see get more information. 4. I openly questioned "was this a Lesbian site" and made no reference to my co-worker who entered the site as being a "lesbian". 5. I attempted to print out the information to give to my manager for her dealing and was unable to do so. 6. At least the 7 co-workers saw this site before I did and read through the information sites content. - yet I was the only individual investigated for sexual harrassment 7. The following day the site was still open and I made attempts to close out the site and was unsuccessful, and went through the whole process again. This coworker and I had a previous work experiences that were negitive in another place of employment. I brought to my managers attention at the time of her hire - I have also been called into my managers office for circumstances for which I had nothing to do with concerning this employee for example: altering time cards. I felt that much of this complaint was brought on by our past work experience and not actually centered around the circumstances at hand. HR Dept. initially told me that they would investigate the case I had to write up a report as to the discovery of the site, and my actions. I complied. However, when sitting with HR and manager - My manager was given my report and my reprimand was written against the report I submitted. Which out-lined past work experiences with the individual and other at work related circumstances. There was no input from the HR dept stated in the final review and what other discoveries were from other co-worker or comments made by other co-workers. I feel that I have not been fairly represented at my place of employment. With the "Final warning" I was given "and signed" this leaves me at a postion that even in general conversation with other co-workers - if I disagree on a subject this may be considered negitive interaction, come in late, or any other small situation could lead to me being fired from my job. Since this has all started 2 months ago, I have been experiencing stress related symptoms such as not being able to sleep, severve stomache cramps when I eat, I shake (a co-worker pointed that out and went on break with me to talk), and I have lost 10lbs. I thought that when this situation was resloved, I would be able to go back to my normal self - however, now that I am on a "Final Notice" my stress has elevated, and sypmtoms have become worse. I feel that management knowing the prior work situation had not adequately resolved the issues and has created a hostile work environment for myself. I need to know what I can do and what type of attorney I can seek for assistance in reviewing the actions taken against me, and seeking a fair solution to the problem. I love my job and have no reason prior to this wanting to leave. I have worked on-off for this instituion for 10 years in different roles and this employee began working here 2 years ago.

 

[Beth3]

You've left out some info that may be pertinent.

I take it that a co-worker with whom you've have some problems with in a "prior work situation" has accused you of sexual harassment.

Would you please post back and explain what exactly you were accused of (i.e. what actions are being found objectionable) and what this prior work situation is that you refer to.

 

[Traumaticstress]

Beth,

Thank You for responding so quickly. The only thing that I was told initially is that this employee went to my manager then my manager sent her to human resources to futher investigate. HR informed that this employee stated that I was sexually harassing her for I cohersed other employees to look at the porn site that she entered into and that I had been telling my co-workers that she was a "lesbian". These circumstances are not true, for other employees had discovered this site read the material, and discussed among themselves long before I had any knowledge. This is what is quoted on my final warning of employment notice. ""A fellow employee filed a complaint against you for behavior that was believed to have been a malicious intent. After speaking with this employee at length, I referred her to Human Resources. Following that meeting Human Resources decided to conduct an investigation. The outcome of that thorough investigation is reflected below". The investigation/warning notice (3 pages) to follow outlines my work activites for those 2 days in question - that I had submitted to HR for there review, it detailed problems that I had had in the past with this employee, some other employees surrounding this same individual, and yes that I was courious to see what the site was about, and print it our and give it to my manager for futher action, and all of this was in my report that I submitted to HR. I have concerns that much information is missing, not addressed, and I feel that I have been dragged into this due to my past work experience with this employee and for no other reason.

Does this help clear up the situation?

 

[Beth3]

Either I'm missing something or you still haven't explained what this "past work experience" is that you keep referring to. I don't know if that's relevant or not, not knowing what it is, but basically, unless this individual made a false accusation because of some discriminatory reason (your age, race, religion, handicap, etc.), I don't see that you have any recourse, legal or otherwise.

Nobody should have been looking at that web site at work, but that doesn't seem to be the issue. As near as I can make out from the wording of the warning you received, the issue isn't sexual harassment, it's that this ee complained you engaged in some actions against her with malicious intent. (I presume that she's saying you were spreading a rumor that she is a lesbian.)

The company investigated. You say it's not true, she says it is. For whatever reason, company management believes her and issued you a final disciplinary action.

That's the way it works when there's a "he said/she said" situation. The company has to conclude who is more credible and if there is any evidence (such as statements from other parties involved) evaluate that and determine where the truth lies, as accurately as they can determine it.

Apparently they weighed all that and concluded you were at fault.

While I know this is not what you want to hear, the company did their job. If they came to an incorrect conclusion, that is very unfortunate but does not provide the basis for any legal action on your part.

 

[Traumaticstress]

Beth,

The past work experience is that the administrator for our facilty had asked me to write a report outling specific related circumstances that included, tardiness, patient care issues and flasifying time records. During the course of this investigation adminstration choose not to pursue termination due to several employees quit (not enough emplyees were left to pick up the case load), and fear of a counter suit. It was decided not hire and make the case load overwhelming so she would leave the work place. Her next job she was fired from due to a patient care issue that I have been made aware of. Knowing all of these circumstances is were I believe this all extends from.

 

[Beth3]

Thanks. Yes, it sounds like this individual has good reason to want to get back at you (if she's that type of person) and good cause for your current employer to be skeptical about any complaints she makes about you.

Unfortunately, that does not alter my opinion above. Having done an investigation and weighed all the facts and evidence, apparently the employer concluded it was more likely than not that you were at fault. They may do that.

Sorry. I know that's not what you were hoping to hear.

 

[Traumaticstress]

Thanks for your input.