Job Harassment

[CatarinaKitt]

What is the name of your state? Idaho I work as a medical secretary and nurse's aide in a hospital. I work the night shift. The day shift secretaries who come in are supposed to be in by 0700, but frequently come in 0715-0745, as they have been doing for years. One morning, when the day person showed up at 0730, I "lost it" and told her that if she wanted me to catch her up on what was happening, she should be there on time. Then she "lost it" and shoved me up against a counter and yelled that I still had two minutes of my shift left, so I shouldn't be complaining. (shifts run from 2300-0730) Day shifts run (supposedly) from 0700-1530) I was so shocked that I picked up my purse, bag, etc, and walked out without saying a word. She then followed me down the hall to the elevator, yelling all the way. Then, I started yelling back, until the day shift supervisor came and intervened. The lady who physically assaulted me is small, about 5 ft. (I am 6 ft) and so I am not in fear of my life on the job, but I was the one punished for the incident. The supervisor said that I "provoked" Mrs. S.into the physical pushing/assault incident, so it was "my" fault and I "started" it, so I was the one to be suspended. We are all adults, here, and I feel that no one needs to resort to physical violence. (I was not injured). I also received failing marks on my yearly evaluation in November because I "don't get along with people, and provoke incidents". Now I KNOW that we are not supposed to complain about co-workers' chronic everyday tardiness, but that one time I said something about it, and it turned out disasterous. Do I have a case, even though I wasn't injured in the physical assault? Does my workplace need to be responsible for employee's temper tantrums which result in unwanted physical contact? Should I just let it go and keep my mouth shut? Signed, Confused in Idaho

 

[I AM ALWAYS LIABLE]

What is the name of your state? Idaho I work as a medical secretary and nurse's aide in a hospital. I work the night shift. The day shift secretaries who come in are supposed to be in by 0700, but frequently come in 0715-0745, as they have been doing for years. One morning, when the day person showed up at 0730, I "lost it" and told her that if she wanted me to catch her up on what was happening, she should be there on time. Then she "lost it" and shoved me up against a counter and yelled that I still had two minutes of my shift left, so I shouldn't be complaining. (shifts run from 2300-0730) Day shifts run (supposedly) from 0700-1530) I was so shocked that I picked up my purse, bag, etc, and walked out without saying a word. She then followed me down the hall to the elevator, yelling all the way. Then, I started yelling back, until the day shift supervisor came and intervened. The lady who physically assaulted me is small, about 5 ft. (I am 6 ft) and so I am not in fear of my life on the job, but I was the one punished for the incident. The supervisor said that I "provoked" Mrs. S.into the physical pushing/assault incident, so it was "my" fault and I "started" it, so I was the one to be suspended. We are all adults, here, and I feel that no one needs to resort to physical violence. (I was not injured). I also received failing marks on my yearly evaluation in November because I "don't get along with people, and provoke incidents". Now I KNOW that we are not supposed to complain about co-workers' chronic everyday tardiness, but that one time I said something about it, and it turned out disasterous. Do I have a case, even though I wasn't injured in the physical assault? Does my workplace need to be responsible for employee's temper tantrums which result in unwanted physical contact? Should I just let it go and keep my mouth shut? Signed, Confused in Idaho

My response:

Get to the criminal courthouse and file for a Restraining Order against both - - the one who pushed you, and the supervisor for aiding, abetting and encouraging the assault and battery. Once received, they'll both have to stay away from you by 100 feet or more - - and that means both of them will lose their jobs.

They'll think twice before touching someone else in anger, and aiding someone else's assaultive nature.

Next, file a criminal complaint by going to the police station.

Next, file a Civil Complaint (get an attorney) for assault, battery and punitive damages.

These items will seriously "rock their world".

Show them who's the boss of you, and let them know you're not taking this type of abuse.

Take charge!

IAAL

 

[CatarinaKitt]

reply to I Am Always Liable

Dear I Am Always Liable: I had no idea that a pushing/shoving incident was so serious and/or that I could do anything about it. I thought that one had to be injured in order to file a restraining order or to file a criminal complaint. This incident happened on January 10, 2003....has it been too long? I was happy to "forgive and forget" until I received the poor evaluation last month, and the low marks were connected to the incident in January. I have tried very hard to be nice to this co-worker on the day shift so that I don't "set her off" again. I have not complained about her chronic tardiness either. I believe that the management just wants me to shut up about the whole thing. They even told me that whenever there is an altercation between employees, each is held 50% responsible, no matter what. However, I felt that her becoming physical was worse than me yelling at her for being late. Any comments? Is there a time period wherein I have to file a criminal complaint? Thanks for getting back to me so quickly. Catarina K.

 

[CatarinaKitt]

reply to I am ALways Liable

I contacted two attorneys out of the phone book, and both said: No injury=No case. Apparently, here in Idaho, one is free to commit assault/battery as long as there are no direct injuries. Well, thanks for the info anyway. Catarina

 

[Beth3]

"Apparently, here in Idaho, one is free to commit assault/battery as long as there are no direct injuries" You're confusing criminal charges with civil liability. You may file a criminal complaint against the individuals with the police and the district attorney will decide whether to press charges. As to any CIVIL claim you wish to pursue, if you don't have any damages, then you have nothing to sue for.

 

[CatarinaKitt]

job harrassment

Dear Beth, Thank you for clearing up the difference between crimminal/civil law. I am "legally challenged" in that I have never had occasion to use the legal system with the exception of the adoption of a baby back in 1988, and a 2003 "poultry-cide" incident where two of my dogs got loose during a storm and decided to have a chicken dinner courtesy of a neighbor. That little escapade resulted in 8 misdemeanor charges, which a criminal defense attorney got reduced to one. (Killing livestock is a misdemeanor offense in Idaho, as is a dogs-at-large charge. Make that times two.). Well, after that, I don't have much inclination to want to deal with the legal system. I am, frankly, quite scared of it. Well, before this becomes a novel, I thank you again. It seems more trouble than its worth to "prosecute" a pushing/shoving by a co-worker, which did not result in any injuries. I just am tired of being held responsible for "causing" it. I don't want to clog up the court system with a stupid case like this one. Thanks again, I'm still undecided.......but you have given me something to think about................Catarina

 

[Beth3]

You're welcome.

If you want some common-sense advice, then it would be to let this incident go. You and the pusher were BOTH in the wrong. You shouldn't have "lost it" and she certainly shouldn't have pushed you and if you were my employees, I'd have disciplined you both. I agree that the pusher shouldn't have been absolved of her actions regardless of who started the argument but you can't control management's judgement.

Given what you said about your yearly review, your employer is not happy with certain aspects of your behavior and interaction with others. I don't know exactly what the issues are but my suggestion is that you focus on your job performance and how to address those concerns. You can't control anybody else's behavior but you can control your own.

Good luck.

 

[CatarinaKitt]

reply to Beth3

Dear Beth: I think you are right. I got what I deserved for having made a rude comment to a co-wqrker. I have tried to teach my kids not to respond in a physical way when someone is rude to them; likewise, I have tried to teach them not to be rude because someone might take offense and become physical with them.(as was Mrs. S. at work) After a long night shift, I like to leave on time to get my three kids off to school. This employee being late makes me late. I guess that the resentment had built up for two years and I finally made a rude and unprofessional comment about her tardiness. I have learned to keep my pet peeve about co-worker's tardiness to myself and I have made other arrangements for my kids to get off to school without my being there. I have not complained about anyone's lateness for the past eleven months, so thought that my evaluation would reflect that I have been making an "effort" in this dept. I was asked, during the evaluation, whether or not I still resented co-worker's who relieve me being chronically late. I said "YES" (stupidly), but that I kept it to myself and was dealing with it, and had made other arrangements to get my kids off to school. This apparently wasn't enough, and she said that I need to work on it some more, and she would ask me again in six months. I guess the only solution is to find another job where punctuality is considered an asset, not being mandatory for some but not for others--(in the same job description). I am new to all this office politics stuff. There is a lot to learn.