| Author |
Topic:
Proffesional opinion? [Locked] |
__Bonk__  Posts: 5,122
Registered: 2009-7-25 03:04:52
|
Date Posted:
1/1/00 12:01am
Subject:
Proffesional opinion? |
Some people are just bullies. I have a customer who is a pure bully. If i was back in gradeschool I wouldve punched him in the nose by now. Instead I just recently told him that I dont want to discuss certain things with him anymore.
-----signature-----
I keep my eyes fixed on the sun!
A change in feeling is a change in destiny.
|
Jorrdan  Posts: 293
Registered: 2001-10-19 07:31:24
|
Date Posted:
1/1/00 12:01am
Subject:
Proffesional opinion? |
Yukishiro1 posted:
I didn't say she did. I said it would be a good idea from a strategic point of view, not a legal one.
The law has nothing to do with the situation either way. What she's describing doesn't violate any laws.
If an employee feels threatened or intimidated to the point he/she cannot perform it constitutes a hostile work environment.
And as a manager, if I tell my employees, if you feel like you need to go to HR, "wait until you have numbers and go strategically as a group instead of voicing your individual concern when you have one"...let me just say, I'm a horrific manager. I hope you never become one if that's your advice. 
-----signature-----
Eh.
|
Tipztoe  Posts: 1,775
Registered: 2004-3-1 17:53:43
|
Date Posted:
1/1/00 12:01am
Subject:
Proffesional opinion? |
|
just cold clock the bitch and be done with her.
|
__Bonk__ Posts: 5,122
Registered: 2009-7-25 03:04:52
|
Date Posted:
1/1/00 12:01am
Subject:
Proffesional opinion? |
Yuki may be a lawyer but he is green. Jordan has years of real world experience in the workplace
-----signature-----
I keep my eyes fixed on the sun!
A change in feeling is a change in destiny.
|
ZigmundZag Title: Grammar Nazi
Posts: 1,211
Registered: 2002-3-25 23:03:00
|
Date Posted:
1/1/00 12:01am
Subject:
Proffesional opinion? |
You guys are trying to argue employment law with a lawyer who works for the federal government.
Having an HR background myself, I can tell you that Yuki is correct, which is why I stated not to get too hung up on labeling the action as harassment. If you get a crappy HR manager they won't even bother to investigate it because nothing happening is actually covered by Title VII and the employee in question wields no authority over her peers. They'll open and close the case before you've even sat down.
-----signature-----
"Take the cheese to sickbay!"
|
DemonicXH  Title: Camelot Vault Staff
News Editor
Posts: 584
Registered: 2003-12-1 08:14:17
|
Date Posted:
1/1/00 12:01am
Subject:
Proffesional opinion? |
Yukishiro1 posted:
Your own link posted:
The first place to look in determining the scope of harassment law, of course, is the legal definition of "harassment." Speech can be punished as workplace harassment if it's
(1) "severe or pervasive" enough to
(2) create a "hostile or abusive work environment"
(3) based on race, religion, sex, national origin, 1 age, disability (including obesity), 2 military membership or veteran status, 3 or, in some jurisdictions, sexual orientation, marital status, 4 transsexualism or cross-dressing, 5 political affiliation, 6 criminal record, 7 prior psychiatric treatment, 8 occupation, 9 citizenship status, 10 personal appearance, 11 "matriculation," 12 tobacco use outside work, 13 Appalachian origin, 14 receipt of public assistance, 15 or dishonorable discharge from the military 16
(4)for the plaintiff and for a reasonable person.
Ah ok, I didn't see it mention that all 4 needed to be happening for it to be considered. Honestly I just did a quick google search and that was the third link.
Each of those four elements are required, not any of them. The bit I bolded is where it lists some protected characteristics. It looks like they pulled them from the statues of a bunch of different states, but as you can see, none of them make it illegal to create a hostile work environment just by being an asshole.
|
Yukishiro1 Posts: 3,243
Registered: 2002-9-20 23:52:57
|
Date Posted:
1/1/00 12:01am
Subject:
Proffesional opinion? |
Jorrdan posted:
Yukishiro1 posted:
I didn't say she did. I said it would be a good idea from a strategic point of view, not a legal one.
The law has nothing to do with the situation either way. What she's describing doesn't violate any laws.
If an employee feels threatened or intimidated to the point he/she cannot perform it constitutes a hostile work environment.
Not an illegal one unless it is based on some protected characteristic.
Look, you are just wrong here. You can either continue to insist you're right or learn something about what the law actually is.
You can get you or your employees into a very bad situation by giving them wrong information about what the law is. If you tell one of your employees they can't be retaliated against for complaining about an asshole boss and then they get fired for doing it it will be on your head for giving them bad information.
You seem like a good manager who looks out for her employees and I salute that. But good intentions can get people into a lot of trouble if you're not very careful.
|
phise  Posts: 100
Registered: 2003-12-12 14:29:54
|
Date Posted:
1/1/00 12:01am
Subject:
Proffesional opinion? |
|
Make sure to pay attention to what curse words she's using. Maybe you should even record it.
She may be violating a workplace harassment law based on what she spits at you.
|
Jorrdan Posts: 293
Registered: 2001-10-19 07:31:24
|
Date Posted:
1/1/00 12:01am
Subject:
Proffesional opinion? |
ZigmundZag posted:
You guys are trying to argue employment law with a lawyer who works for the federal government.
Having an HR background myself, I can tell you that Yuki is correct, which is why I stated not to get too hung up on labeling the action as harassment. If you get a crappy HR manager they won't even bother to investigate it because nothing happening is actually covered by Title VII and the employee in question wields no authority over her peers. They'll open and close the case before you've even sat down.
There is also a difference (sometimes subtle) between harassment and hostile work environment. There is zero chance that a person can walk around cursing at someone, using intimidation, etc. and not be asked to stop by any HR department (or manager) worth his/her salt.
-----signature-----
Eh.
|
ZigmundZag Title: Grammar Nazi
Posts: 1,211
Registered: 2002-3-25 23:03:00
|
Date Posted:
1/1/00 12:01am
Subject:
Proffesional opinion? |
Jorrdan posted:
And as a manager, if I tell my employees, if you feel like you need to go to HR, "wait until you have numbers and go strategically as a group instead of voicing your individual concern when you have one"...let me just say, I'm a horrific manager. I hope you never become one if that's your advice.
Obviously the manager in this situation has already failed. Projecting an Outposter into that role doesn't even make any sense.
-----signature-----
"Take the cheese to sickbay!"
|
|
