I need specific answers. What if your boss is in it too? what sort of document will build a strong case? the person I work with is a psychopath, one moment she seems very nice, next moment its all over again. It depends who she is talking to she can be nice and then she is a monster when she don't like you. How can I document this type of action? i would like to videotape it but that would be too obvious. I dont want anybody to know that I am going to the courts. Please help, I am sick and tired of this person. She had drove a couple of people away from their jobs in the past. I don't want to let her intimidate me. Thanks all so much.
2007-05-18 16:12:18 · 8 answers · asked by nala 1 in Family & Relationships ➔ Marriage & Divorce
peer to peer harassment is not immediately illegal, if this person is not in a position of authority over you, and you do not talk to either her, your superior or her superior about the unwanted behavior, then you'll just have to deal with it---you won't have a case if you go anywhere outside the company to complain (such as Human Rights Commission or police)
HOWEVER, as soon as you report the behavior, it must be investigated by the company. If the company completely ignores you then they have liability.
I'm assuming (since you didn't give any details) that this person makes you feel fearful or threatened. Does she make threats or talk about hurting you or others? Or is she just a crabby, rude person? Being crabby and rude is not illegal it just sucks!.....
For documentation, write down exact dates and times and what was said or what she did to make you feel harassed. Give names of witnesses if possible. You always need to be as specific as possible. Write down the facts as soon as possible, so you don't forget anything. Ask witnesses to put documentation in writing too if you feel comfortable doing so, that can make your case stronger.
If you decide to report the 'harassment' the first question you will likely be asked is if you have ever told her how she makes you feel, and if you have asked her to stop the unwanted behavior................If you have not yet asked her to stop, you need to do so.
You say your boss is "in it too". Does that mean your boss is being harassed, or does that mean your boss participates in the harassment? If your boss participates in the harassment, then you need to go to your HR department (if your company has one) or to your boss's boss (assuming s/he is not the sole owner of the company). If there really is no one in the company that you can go to (no personnel dept, and your boss is the owner and a part of the harassment) then you can go to your local Human Rights Commission and talk to them. Explain in detail what's been going on and take your documentation with you. They will ask you a bunch of questions so be prepared to answer honestly. After your discussion with them they will send a letter to your company informing them of your complaint and the company will have a certain time frame (about 2 weeks) to answer in writing. Once the HRC has the company's reponse to your complaint, they will decide if further action is needed. This can be a lengthy process.
Before you report the harassment, you need to really look at the situation and determine if it really is harassment, or a personality conflict. If it's the latter, you'll need to find a way to deal with each other professionally. Sometimes, just sitting down and having an honest coversation and discussing the best way to handle situations with each other can have a hugely positive impact.
Good luck.
2007-05-18 17:34:21 · answer #1 · answered by iluvnascar 3 · 0⤊ 0⤋
I have some bad news for you. Theres nothing legally you can do to her because she really hasnt done anything illegal. The most you could ever hope for here would be to get her fired from her job due to being a dangerous disattraction. Then you would have a hard time proving that especially if the company thinks she is a hard and loyal employee who blows off steam every once in a while. But seriously here, you have absolutely nothing to take her to court on. Now if she beat the hell out of someone or deals in drugs then maybe but you dont have a thing to go on. Just be careful what you start here cause it could cost you your job instead. Sorry
2007-05-18 16:20:28 · answer #2 · answered by Arthur W 7 · 1⤊ 0⤋
If she sends any threatening emails or memos, make sure you save them. Is there another superior you can go to with this issue? You need to make a formal complaint. If your company has a human resources department, you may want to speak to them about your concerns. You may want to check the ordinance about audio taping people that are unaware. It may be admissible but I am not sure.
You should realize that this could be a big "can of worms" you are opening up. Really consider if it is worth it or not. Some people are just jerks, sad to say.
2007-05-18 16:20:58 · answer #3 · answered by Contessa 4 · 0⤊ 0⤋
Unfortunatley just being a mean , inconsistent witch isn't illegal. In employment law, harrassment generally refers to sexual harrassment......meaning creating a sexually charged or intimidating work environment.
In the absence of a physical assault, it is difficult to have a legal case against your employer for hiring satan's daughter.
2007-05-18 16:17:02 · answer #4 · answered by Anonymous · 1⤊ 0⤋
i got fired from a job cuz i would not go to palm springs for the weekend w/ my boss,, my dad is a cop,,, he filed a case against the guy,, since he was the boss,, there was no place else to go
2007-05-18 16:19:26 · answer #5 · answered by Anonymous · 0⤊ 0⤋
get a spiral notebook and write down everything. write teh date the time what she said and who was there. do this for several months until you can show a pattern. then contact the EEOC -
2007-05-18 17:09:30 · answer #6 · answered by lady26 5 · 0⤊ 0⤋
Get her promoted out of your area.
2007-05-18 20:58:45 · answer #7 · answered by Red 5 · 0⤊ 0⤋
keep a log and document everything.
dates time what happened and who was there.
2007-05-18 16:32:33 · answer #8 · answered by Anonymous · 0⤊ 0⤋