Hypothetical - Coworker put a body part in my coffee.

[FeelingFrustrated]

What is the name of your state? Oregon.

Hello legal eagles! I'm not certain if this is an issue or not, but to help my lawyer friends avoid any issues with creating a client attorney relationship, I'd like to present this as a hypothetical.

There was an older gentleman working in the IT department of a local public transportation agency. He was at the organization for two months and was well liked and respected by his coworkers.. except for one, it seems. In the hypothetical, the IT guy had an encounter with a woman in finance (we'll call her Karen) which resulted in Karen being upset at the IT guy (let's call him Ron). Karen was at the watering hole saying nasty things to coworkers, which Runs boss heard. Ron's boss spoke to Karen's boss, and then Karen's boss spoke to her. On the day that Karen's boss spoke to her, Ron ended up finding a small, chewed off fingernail in his coffee. He didn't discover this fingernail until it ended up in his mouth. Ron emailed several people immediately and spoke to several directors as a result. Ron asked HR for a mini fridge and an email sent out to all employees. HR didn't feel they could do that, and after several months of inaction, Ron got upset and asked for an ADA Accommodation due to mental health issues being triggered by the act because he felt victimized and no one was helping. Unfortunately, no one saw Karen do the deed and the organization didn't have cameras at the watering hole.

Ron sent a long email with diagnosis notes from two psychologists as part of his ADA claim and HR decided to hire an outside attorney to investigate. The attorney found that the fingernail thing happened and also mentioned that the organization failed in regards to other aspects of employment involving Ron and she detailed these in a report. HR put Ron on admin leave for 4 months during the investigation, and when Ron returned to work, he was greeted by hostile supervisors and HR. HR refused to discuss the fingernail incident and began to deny it even happened by saying that they don't respond to factually inaccurate claims. They started forcing Ron to do work that's not listed on his position description and essentially took the majority of his tasks away by revoking rights. At one point, they forced Rin (who just had heart surgery) to work outside when it was 100 degrees with an AQI I er 300 due to wild fires. Ron was struggling, so he used his leave to go home early and his boss and HR threatened not to pay him and told him he still had work to do outside.

Are there any actionable items here for Ron despite not having proof of who did the fingernail thing? An investigation proves it happened but it also showed there wasn't proof to blame an individual. The organization is now saying horrible things about him which led to him having a job offer revoked. Ron also ended up posting reviews about this on Google, Indeed, and Glassdoor and I think that's why they were treating him poorly, and I think they wanted him to quit so they didn't have to deal with the fingernail issue.

 

[Just Blue]

What is the name of your state? Oregon.

Hello legal eagles! I'm not certain if this is an issue or not, but to help my lawyer friends avoid any issues with creating a client attorney relationship, I'd like to present this as a hypothetical.

There was an older gentleman working in the IT department of a local public transportation agency. He was at the organization for two months and was well liked and respected by his coworkers.. except for one, it seems. In the hypothetical, the IT guy had an encounter with a woman in finance (we'll call her Karen) which resulted in Karen being upset at the IT guy (let's call him Ron). Karen was at the watering hole saying nasty things to coworkers, which Runs boss heard. Ron's boss spoke to Karen's boss, and then Karen's boss spoke to her. On the day that Karen's boss spoke to her, Ron ended up finding a small, chewed off fingernail in his coffee. He didn't discover this fingernail until it ended up in his mouth. Ron emailed several people immediately and spoke to several directors as a result. Ron asked HR for a mini fridge and an email sent out to all employees. HR didn't feel they could do that, and after several months of inaction, Ron got upset and asked for an ADA Accommodation due to mental health issues being triggered by the act because he felt victimized and no one was helping. Unfortunately, no one saw Karen do the deed and the organization didn't have cameras at the watering hole.

Ron sent a long email with diagnosis notes from two psychologists as part of his ADA claim and HR decided to hire an outside attorney to investigate. The attorney found that the fingernail thing happened and also mentioned that the organization failed in regards to other aspects of employment involving Ron and she detailed these in a report. HR put Ron on admin leave for 4 months during the investigation, and when Ron returned to work, he was greeted by hostile supervisors and HR. HR refused to discuss the fingernail incident and began to deny it even happened by saying that they don't respond to factually inaccurate claims. They started forcing Ron to do work that's not listed on his position description and essentially took the majority of his tasks away by revoking rights. At one point, they forced Rin (who just had heart surgery) to work outside when it was 100 degrees with an AQI I er 300 due to wild fires. Ron was struggling, so he used his leave to go home early and his boss and HR threatened not to pay him and told him he still had work to do outside.

Are there any actionable items here for Ron despite not having proof of who did the fingernail thing? An investigation proves it happened but it also showed there wasn't proof to blame an individual. The organization is now saying horrible things about him which led to him having a job offer revoked. Ron also ended up posting reviews about this on Google, Indeed, and Glassdoor and I think that's why they were treating him poorly, and I think they wanted him to quit so they didn't have to deal with the fingernail issue.

1. What has your ridiculous story have to do with helping your lawyer friend avoid issues with Attorney/Client relationship?

2. If your friend has gone to law school, graduated and passed the Bar....They do not need you to help them. Really. They don't.

 

[FeelingFrustrated]

Perhaps I worded this incorrectly, but the reason I mentioned lawyers and hypotheticals is because I know that it's difficult for real life attorneys to give proper legal advice online for free since it could present problems for an actual attorney. I figured that providing a hypothetical could help any actual attorney give me a little bit of legal advice? I'm not sure what's ridiculous about the story since it actually happened, unless you're trying to say you'd be chill with someone putting a fingernail in your drink without anyone being punished.

I'm guessing you're not a real attorney, then?

 

[stealth2]

Who are you in the situation? Unless you’re Ron? You should stop posting about this. If you are Ron? Consult an attorney.

 

[Just Blue]

Perhaps I worded this incorrectly, but the reason I mentioned lawyers and hypotheticals is because I know that it's difficult for real life attorneys to give proper legal advice online for free since it could present problems for an actual attorney. I figured that providing a hypothetical could help any actual attorney give me a little bit of legal advice? I'm not sure what's ridiculous about the story since it actually happened, unless you're trying to say you'd be chill with someone putting a fingernail in your drink without anyone being punished.

I'm guessing you're not a real attorney, then?

You posted this as a hypothetical story.

If it happened to me would I be "chill"? No, likely not.

Would I need psychological help and an ADA accommodation? Again, likely not. But, that me and everyone has different reactions to unpleasant situations.

No. I am not an attorney and very few attorneys post here as noted in the Important Message located at the bottom of every page. I advise you to read that message.

The volunteers of this site are educated laypersons and a few attorneys that kindly volunteer their time and offer legal guidance.

I am going to tag a couple of the site vetted attorneys and also @cbg who is an expert in Employment Law.

You can also contact your state bar association to get referrals to local attorneys that specialize in employment law for a consultation. Many will offer a low cost consult.

Welcome to the Oregon State Bar Online (osbar.org)

 

[Just Blue]

@Taxing Matters @Ohiogal @zddoodah @despritfreya

 

[despritfreya]

@Just Blue

Thanks for the ping. As this is not related to bankruptcy, I have no comment other than supporting the suggestion that OP should discuss his situation with a qualified attorney in his location.

Des.

 

[cbg]

cbg is at a loss to understand what kind of ADA accommodation would be required for the stress of finding a fingernail in his coffee which, while certainly unpleasant, is hardly worth more than a "yech" and the pouring of an new cup of coffee. Particularly where there is no proof of who put it there or even that it was put there deliberately and not flipped into the cup by accident in the trimming of the nail. (You would not BELIEVE how far I have seen DH's clippings fly.)

Therefore, cbg declines to comment any further than to say that if Ron believes the ADA has been violated he is free to take it up with the EEOC. Assuming there is a Ron, and assuming this entire ridiculous story is not a troll.

 

[adjusterjack]

Should come as no surprise that the world is full of lunatics who over-react to the slightest of affronts.

 

[quincy]

What is the name of your state? Oregon.
... On the day that Karen's boss spoke to her, Ron ended up finding a small, chewed off fingernail in his coffee .... Ron asked HR for a mini fridge ... Unfortunately, no one saw Karen do the deed ...

Are there any actionable items here for Ron despite not having proof of who did the fingernail thing? ... led to him having a job offer revoked ... Ron also ended up posting reviews about this on Google, Indeed, and Glassdoor ...

Such drama in Oregon. My goodness.

First, I hope Ron preserved the fingernail. Fingernails can contain DNA from skin cells that grow around the nail which then can be tested for identification purposes - although a single nail soaked in coffee and possibly polished or dirty could have limited testing value, and testing can be awfully expensive. And Ron probably would have to hang out by “watering hole” for awhile to capture another sample of DNA from Karen for comparison purposes, perhaps retrieving a used Kleenex or napkin.

I don’t understand how a mini fridge would be a reasonable or necessary accommodation for coffee. Ron should have asked for a Keurig.

I do see something potentially actionable in what is described, by the way - but it would be actionable against Ron and would depend on the content of the reviews he wrote about his place of employment that he posted on Google, Indeed, and Glassdoor. Negative reviews can result in claims of defamation if they are not carefully drafted to avoid stated or implied false facts.

Online negative reviews written by an employee or former employee about an employer also sends up red flags that can be seen by other potential employers. Potential employers will think twice about hiring someone who writes poorly of an employer.

As others have previously suggested, Ron could see an attorney in his area for a personal review.

 

[FeelingFrustrated]

The reviews posted online were factual, didn't list any names, and spoke specifically about the incident. There is also a report that they're hiding, written by an independent attorney that fully investigated this and mentions that the fingernail incident happened. Problem is, that same report probably mentions that I can't sue them if they don't address it, since there is a lack of evidence, other than my teammates that saw my reaction to finding the fingernail. The attorney communicated her findings to me prior to her submitting it in writing, so I have an idea of what it says. She told me she called the organization out for several failures. I'm guessing that's why HR claimed they would only release it under court order, but that excuse won't fly now that I've done an actual PRR and they have to try to explain why that document is exempt from a request.

Anyway, this forum has very creepy "you wouldn't have been raped if you dressed properly" vibe. I would question if any of you are actually attorneys, but having spent 12 years serving article 3 judges, I've seen my fair share of frat bro lawyers that can barely make it through a hearing.

Thanks to those that actually tried to answer the question. Some of you had valid questions and points that I'd love to answer, but won't due to the amount of detail they require me to communicate. I'll shut up and speak to a real attorney week.

 

[stealth2]

The reviews posted online were factual, didn't list any names, and spoke specifically about the incident. There is also a report that they're hiding, written by an independent attorney that fully investigated this and mentions that the fingernail incident happened. Problem is, that same report probably mentions that I can't sue them if they don't address it, since there is a lack of evidence, other than my teammates that saw my reaction to finding the fingernail. The attorney communicated her findings to me prior to her submitting it in writing, so I have an idea of what it says. She told me she called the organization out for several failures. I'm guessing that's why HR claimed they would only release it under court order, but that excuse won't fly now that I've done an actual PRR and they have to try to explain why that document is exempt from a request.

Anyway, this forum has very creepy "you wouldn't have been raped if you dressed properly" vibe. I would question if any of you are actually attorneys, but having spent 12 years serving article 3 judges, I've seen my fair share of frat bro lawyers that can barely make it through a hearing.

Thanks to those that actually tried to answer the question. Some of you had valid questions and points that I'd love to answer, but won't due to the amount of detail they require me to communicate. I'll shut up and speak to a real attorney week.

So you’re Ron?

 

[quincy]

The reviews posted online were factual, didn't list any names, and spoke specifically about the incident. ... I'll shut up ...

It is not only names that can identify people. People can be identified or identifiable by the contents of the writing and by context.

Those involved in the fingernail incident probably could recognize themselves or others in any review, because what you experienced in your workplace is unusual. If someone does object to your reviews and decides to sue you over their contents, it will be good if you did, in fact, stick strictly to provable facts or pure opinion. These are solid defenses to claims of defamation. You still might be sued, but you are unlikely to lose a defamation lawsuit.

You are smart to refrain from saying anything more on the internet. If the incident is still under investigation, you should speak only to an attorney licensed to practice in your area. I suggest you have the attorney look over the reviews you posted on the three internet sites and have the attorney advise you accordingly.