Unauthorized harassment claim

[peteypanda]

I work in the medical field and during a busy day, I had been ill all day with a migraine. I was verbally abused by a co-worker one hour before my shift was up. I became ill from the stress and migraine and left work. I wanted to separate myself quickly from that co-worker and the situation so I did not confront my boss personally to tell her I was leaving. I sent a text to her, my other supervisor, and the lead nurse telling them of my medical issue. I was asked to write an email explaining what happened. I told them how I had been verbally harassed by a co-worker, gave them the name of that co-worker, and explained that the migraine and stress caused me to become ill and I had to leave as quickly as possible before it came to a point I couldn't drive. I was written up for leaving and my bosses filed a harassment claim with HR against said co-worker. I did not ever imply, ask, or intend to file a harassment claim. Due to religious beliefs, I cannot formally make a complaint or conflict with any person(s). My bosses informed me that this file will result in an "interactive process." Because I did not ask for the claim to be filed and due to religious convictions, I cannot participate. Also, as an unmarried female in my church, making a claim such as that against a male, and if it was ever found out, would leave me disowned. What legal right do I have to excuse myself from any participation? I feel like they are forcing me to comply with the complaint they filed. The harassment incident was only to explain why I left work and it was a private email to 2 supervisors. How can I proceed without going against my beliefs?

Thank you,



California is my state

 

[cbg]

Describe the "verbal harassment".

Yes, it matters.

 

[commentator]

I notice your church allows you to work with and thus have interaction with people of other genders, but because of your gender, you would not be allowed to defend yourself if attacked or mistreated during this work by a person of male gender? There's something peculiar with this logic.

And the circumstances are outside their (the religion's) control, and your control, anyhow, as this disciplinary action against your co worker was not done by you. All you did was honestly describe the circumstances, and the employer made the decision to file the disciplinary action against the other employee. It was not you and it was not by your choice. So how could you say that you were the one who did it and should be dis-fellowshipped for whatever....failing to be submissive enough to a male, perhaps, being honest? I know of very few religions where speaking the truth isn't the right thing to do.

You can let HR know clearly and firmly about your religious refusal to cooperate any further in bringing the action against the other employee. You can let them know that you do not wish to participate in any interactive process and that you will not make any further statements about the matter. Then they can decide what and how to procede. They can't "force" you to participate. You can refuse. You can sit there silent when they demand you speak. They can threaten you, or even terminate you for failing to participate, though I think this would be a very bad move on their part. I suspect they won't.

Answer the question cbg asked. She's going somewhere with it.

 

[cbg]

I think I know what religion the poster is a member of. But it doesn't change the fact that I need the information I asked for to determine what, if any, protections she has.

It would also be good to know what action they took against the other employee.

 

[peteypanda]

Thank you all for your comments.

The verbal harassment was basically comments made in front of co-workers and patients speaking to my work ethic, failure to do my job correctly...the end of it was that because I was not doing my job in the order and how he preferred and not quick enough, our fellow co-workers would have to stay late and have overtime due to my ineffectiveness. The odd thing is, this co-worker and I, just 10 minutes before, were talking and joking with each other. He was leaving to go home and walked in the room and said these things to me, and in front of a patient as well. This is not his only time he has done these type of outbursts to me. They seem always to be directed at me, with little merit, and very much from our of nowhere. All these instances have been reported to my boss and he has been talked to. When they wanted me to participate in the official HR harassment claim, I will not do it due to my Pacifist-type religion.

From what I can tell, this last time he did it, he was talked to but not written up. I however was written up for leaving work without getting the ok from my boss(es). I left due to his harassment and wanting to remove myself from the situation. When they has asked why I didnt come see them in their offices before I left, I stated I did not want to run into him in the hallways as I knew he was leaving and would be out walking around. Their offices are located in the back of the dept and I would have had to walk right past where I knew he was changing in the mens locker room. It basically felt like if someone had beat you up, you wouldnt want to stick around for more. I also felt physically sick and had to leave. I also did not come to work the next day for fear of working with him and feeling ill. That also was one of the reasons I got disciplined.

I hope this sheds further light on the subject. I know that it seems I should pursue the harassment claim, but my beliefs tell me to turn the other cheek and my actions could get him fired which I cant abide by. They dont know yet I am not going to participate in the harassment claim, yet I was still disciplined and must now have an "interactive process" with HR. So even them thinking I am going to participate does not help my cause. Thanks again.

Ppanda

 

[cbg]

Nothing that you have described constitutes illegal harassment - therefore it was entirely up to management how to handle it. I'd have fired you for walking off the job without permission, too.

 

[peteypanda]

Hi, Thanks for reply.

I know none of the things that were said to me constitute illegal harassment, that is why I do not want to participate in the official claim they made. The admins are forcing me to treat it like it was when I know in my heart it was not. But I dont think I will have to worry about it too much, if you can believe this, I just got another job offer this morning for more pay and a pension. God works in awesome ways! If this whole mess hadnt happened, I never would have had the guts to put in my two weeks...but now I do. Thanks all again for the advice

 

[cbg]

What you are failing to understand is that if your employer finds the behavior inappropriate EVEN IF NOT ILLEGAL, it is their right to take action whether you want them to or not. YOU do not get to say how SOMEONE ELSE gets disciplined.

 

[sefnfot]

Religious Virtues

Religious Virtues
What you fail to realize is, that you already transgressed the religious virtue that you are claiming that you do not want violate. You violated it for your own purpose of not wanting to be punished for leaving early. I know it was a mistake, but you already set things in motion once you let the cat out of the bag. You should have accepted the consequences when it only involved yourself. So you cannot plead the 5th once you began talking.
at this point you have 2 options: cooperate with your employer and perhaps not get reprimanded or not cooperate and risk reprimand. Although you could say that you didn't feel well that day and you are not able to remember the facts and that they could have been exaggerated.
One added point is, harassment in the work place are specific categories and perhaps the behavior of the other employee can be described in a positive way, such as he was trying to motivate you to work better. Even if you feel that is not the case, you could try to describe it that way with your superiors.

 

[justalayman]

. All these instances have been reported to my boss and he has been talked to.

hold on there. If it is against your pacifist beliefs to make complaints, why are you registering complaints with your employer? You don't get to make complaints and then hide behind a claimed religious tenet and refuse to assist in the investigation of your complaint.



and what you are talking about is not based in pacifism. Pacifism is the opposition to violence. There is nothing close to violence in the actions underway (unless they plan on beating the harasser for their transgressions).