Mr Ivy

[agent917]

I live in the State of Nevada. I am a Surveillance Agent at a Casino here in Las Vegas and I have recently had a major issue relating to another agent in the room were I work. Anyway the issue has basically forced me to inform my supervisor and the Director of Surveillance as well as Human Resources. I believed that I could continue to work alongside this other agent, but I now know I can not. I will inform my supervisor of my decision to either put me on another shift or I have to put in for my two weeks. I am basically aware of the Right to Work State of Nevada and the laws pertaining to employee's therein, but I am unsure of a possible incident that could happen. I have heard from another agent there, who overheard my supervisor, that if i put in my two weeks, he will accept it that day and term me. Is this totally legal? I mean I only want to leave or go to another shift because I have been harassed by this other agent.What is the name of your state (only U.S. law)?

 

[pattytx]

Right to Work means you don't have to join the union to work at a union shop. Did you mean "at-will employment"?

In any case, what form did the "harrasment" take? It makes a difference.

Even if it were illegal harrassment, however, if you give the employer an ultimatum (transfer me to another shift or I quit), you should be prepared to accept the consequences (fine, we'll send you your final check).

 

[commentator]

And "put in for my two weeks" generally means the employer accepts it, and says go ahead and leave right now. So don't count on getting to work that additional two weeks. It certainly isn't required and it doesn't have to be granted to you to get to pick your leaving date. Many employers won't let you work out a notice.

If the other employee has been harrassing you, and you have tried to work it out with your supervisors (you complained, you discussed this incident, you generally request, you can't really demand that they move you to another shift) but anyhow, if you have exhausted all other possible recourse before quitting, you may be able to get approved for unemployment insurance after quitting. So file for benefits as soon as you give your notice and are told to leave right now, which is very likely what will happen.

 

[JohnDoeIsTaken]

They should have a policy regarding harassment. Go as high as you can or need to first. Make sure you are documenting everything. There is nothing more important than documenting. Make sure to include dates/names/etc.

Putting in your two weeks will get you nowhere. And I believe telling your boss that you will do so may even be grounds for dismissal.

 

[pattytx]

They very well may have a a policy against illegal harrassment. However, we have no idea whether this "harrassment" was of the illegal variety.

 

[JohnDoeIsTaken]

Harassment on any type is not tolerated. The question is whether or not it was harassment.

 

[>Charlotte<]

Harassment on any type is not tolerated. The question is whether or not it was harassment.

Wrong. The question is whether or not it is illegal harassment. Not all harassment is illegal.

 

[pattytx]

Here goes JohnDoeIsTaken with incorrect information. Again.

 

[JohnDoeIsTaken]

Have you worked at any business in which they state that they tolerate harassment? I never said it was illegal. Federally, the thing that constitutes harassment is basically anything that would be counted as discriminatory. Age, sex, religion, race, etc. I told him to take his claim to his boss's boss or the HR dept of his company, not that he had a case to sue or for anything else. I've seen people lose jobs over much less. Bosses doing things like that are a liability to the company as it could only be a matter of time before they do commit the illegal ones and open the company up to a lawsuit. Thus, in every job I've ever worked at, they clearly state that they do not tolerate any form of harassment and outline steps that you should take. They make it clear that they do not tolerate ANY form regardless of whether or not it is legal. It's the same basis on why companies tend to transfer or fire people for workplace romances as it creates a liability.

You might actually be of more help by offering actual advice. But if you'd like to tell me I'm wrong again, feel free and why don't you show me how that is incorrect. Or perhaps an apology is an order?

 

[pattytx]

And suppose you tell us what exactly this OP experienced that is "harrassment", either legal or illegal. You must have the FA crystal ball, since the OP has not returned to share that information.

All companies do NOT have such policies, and it is naive of you, JohnDoeIsTaken, to assume that they do.

The OP asked about "putting in his two weeks". He got the correct legal answer.

 

[Proserpina]

Harassment on any type is not tolerated.

By whom?

Please answer.

 

[JohnDoeIsTaken]

They should have a policy regarding harassment.

Again, you take what I say and turn it into a fact. It might help if you actually read the sentence. If you still don't understand... Dictionary.com | Find the Meanings and Definitions of Words at Dictionary.com

I said they should, not that they do. Obviously that shows that I am not in fact assuming that ALL companies have this policy.

Yes, he got his answer, and in addition, he got advice on how to handle the situation. I think he would probably rather have the harassment end and keep his job. Seems like a much better alternative to advise him.

What type of harassment he is receiving doesn't make much difference. If it's nothing, he'll only have wasted his time. On the other hand, if it's something of merit, than he'll get to continue working at his job happy to no longer put up with the harassment. If it's bad enough, he might get some money out of the deal. Seems like something worth pursuing in either case.

 

[eerelations]

You are wasting his time.

The OP's employer may well have a policy stating that it doesn't tolerate any kind of harassment, including legal harassment. However, his employer is not legally obliged to comply with that policy, only with the law. And the law is quite clear about which types of harassment are legal and which are not.

The OP asked if he had any legal recourse. My esteemed colleagues correctly advised him that he might, depending on the type of/reason for the harassment he's experiencing. You then incorrectly implied to him that he has legal recourse no matter what.

 

[pattytx]

I was considering putting JohnDoeIsTaken on "ignore", but I can't let him get away with spewing all the cr@p he's been spewing. Like white on rice, JDIT.