How to file 4th harassment complaint...

[truthbtold]

What is the name of your state? New Jersey

I am preparing to file my fourth complaint of harassment against a co-worker. This co-worker has been engaging in harassment directed toward me for nearly 9 years. My employer has acted on my behalf with each complaint, even going so far as to say that if he cannot stop he will be terminated. He has been reprimanded by his department head and the president of the company. Still, the co-worker persists. The co-worker has an obvious obsession with spreading ill will about me, including but not limited to false rumors. It is well understood by my immediate supervisor that he "wants me out", and he resorts to creating false scenarios in order to try to succeed. "Bullying" is a term that fits here. "Slander" is another. I want to go about my 4th complaint in the proper fashion in order to get lasting results. To this point, I've gone about this completely on my own with some success, but obviously not long term.
I've had some replies on this topic, and thanks for that. But there seems to be some confusion. Some have said that there is nothing illegal here. Is that to say that there is no case whatsoever? Don't see how that's possible. An employee has a right to a non-threatening, non-hostile work environment. It is the employer's responsibility to provide that. To say that a co-worker can go on bullying, spreading false rumors, mocking, attempting to turn people against me, and attemping to get me in hot water with the company through slander...all of it in the workplace...and that I have no legal right to have this resolved...just don't see how that's possible. It's not OK in the classroom; how can it be OK in the workplace? I welcome any suggestions on how to proceed. Thank you.What is the name of your state?

 

[eerelations]

I am not confusing harassment with with discrimination. Harassment is ONLY illegal if it is based on a protected ground. Examples of protected grounds include race, disability, religion, gender, etc. This is fact, not an opinion, and every advisor on this site will agree with me (fellow advisors, please feel free to say so if you're in the mood for a little typing).

Unless you can prove that your coworker's hostile behaviour is directed at you BECAUSE of your race, disability, religion or gender etc., then you absolutely DO NOT have a legal case against your organization. If your coworker's behaviour is NOT based on a protected ground, then while this is indeed harassment that you're experiencing, however it is NOT illegal harassment.

I understand that I may sound harsh right now, however, you asked for an accurate legal response, and you got one (actually two, I think). Arguing with the advisors here is not going to change the law. If you don't believe the respondents here, feel free to contact the EEOC or to consult with an attorney. While the first option is free, it will be time-consuming, and the second option will cost you $500. Both options will get you the same answer as mine, I absolutely guarantee it.

Again, while I do understand that the treatment you're experiencing at the hands of your coworker is really horrible, it's NOT illegal.

Regarding how to proceed with this problem, see my first response to you. If you want to do more than this, your only other legal recourse is to start looking for a new job. Again, this is unfortunate, however, it's all you've got. If you don't like the law, then speak to your Congressperson about changing it.

Finally, regarding bullying not being allowed in the classroom - this is a matter of school policy, not employment law.

 

[mitousmom]

What is the name of your state? New Jersey
An employee has a right to a non-threatening, non-hostile work environment. It is the employer's responsibility to provide that.

I know of no federal law that gives an employee the right to a non-threatening, non-hostile work environment or requires an employer to provide one. If you are aware of such a law, you need to follow the procedures required by that statute for seeking redress.

The federal EEO statutes require an employer to provide a work environment free of illegal harassment based on race, sex, religion, national origin, color, age and disability. If you believe that your harassing co-worker is motivated by one of those factors, you can consult EEOC or your state human rights commission. Otherwise, you are at the mercy of your employer and whatever efforts it takes to resolve the dispute you have with your co-worker.

Maybe you should just "chill." You indicate your co-worker has been trying for eight years to get you fired and hasn't been successful. You say that your supervisor is aware of the effort and the reasons. What makes you think your co-worker is going to be successful now? Your co-worker may simply enjoy watching your reactions.

 

[janimal]

Ditto as above.

OP - the only people who will give you a different answer, are people who don't know employment law. Your coworker is a jerk - but being a jerk is not illegal.

 

[beta]

Why don't you see a lawyer. In the meantime it wouldn't hurt to send out resumes and search the web for new/different job opportunities. You can't do anything about co-workers not treating you the way you expect. At least nothing can be done in a legal way.

 

[truthbtold]

Thank you all for your responses and shedding some light for me on the legality of this situation. You all are in agreement, so the validity is apparent. And getting your views is why I came here. You all seem to understand my situation, and we all agree it's harassment. I've discovered that, although it IS against company policy, zero tolerance to boot, it is NOT illegal. I suppose I assumed it WAS illegal based on the fact that the company has a written zero tolerance policy in reference to this. Companies usually do things to prevent legal problems, but maybe sometimes it's solely to prevent in-house problems. (In reference to the suggestion to just "chill", I have used that appraoch already. This has become Russian roulette for me. My "immediate" supervisor knows my character and my adversary's lack thereof. However, the adversy is also the department head's right hand man, yes man, eyes and ears. Yes, it speaks volumes of my boss's character as well, a different issue. Not a good recipe for me.)
I believe the advice here is pretty unanimous? That is to say 1) File another complaint with the company? Do you suggest that I do it in writing? 2) If I'm not satisfied that it is resolved for good, stop subjecting myself to this and look for another job? (My wife's view, by the way)
I am grateful to you all once again for devoting your valuable time to this!

 

[eerelations]

Your interpretation of the advice is correct. I'm not sure if it makes any difference whether or not you put your complaint in writing, however it may appear more coherent, detailed and well-thought out that way. I DO advise you to be very very careful about how you present your complaint, ESPECIALLY if it's in writing, as the document may wind up in tha hands of the bully AND his/her boss. This would be a very bad thing, I suspect. It may be best to just complain verbally to your direct supervisor.