Workplace Intimidation

[wheatnbrogoth]

anyone ever does dat shit to me at work will get tho face smashed

[bean]

I'm writing on the eternal's behalf (he's busy preparing for court with the ex):

Thanks everyone for responding.

There have been witnesses.

He is going to hold off on the letter and go to HR tomorrow morning.

He has a recorder (great idea and thanks for the offer Meg) and is going to keep it in his pocket and use it when needed (daily pretty much).

Hopefully something will come of him going to HR.

[Reaper]

No, there are not.

Mind specifying a bit more on that?

[Brenda Starrr]

DIRECT from an employment attorney. Just in case there's any question, or someone else is dealing with the same shit:

Have your friend take his documentation over his boss's head and go to HR, making sure they know he is planning on filing with the "Equal Employment Opportunity Commission" on the jew stuff if he believes higher hr won't step in and make Major Payne behave, or attend sensitivity training, etc. Don't threaten Major Payne with these actions. JUST DO IT. EEOC review will cost him nothing and they can determine if he has a case.

[Rev.Reverence]

No, there are not.

...there's no Law against threatening physical harm to another??? really???

[candyman]

...there's no Law against threatening physical harm to another??? really???

liable and slander

its a bitch...a bitch that can go both ways...but still a bitch

[Brenda Starrr]

Thank you, candyman!

[candyman]

Thank you, candyman!

for taking the quote out? yeah...i actually noticed that way before...don't know why i even quoted all that either...

[Brenda Starrr]

for taking the quote out?

Yes. I know that Eternal & Bean appreciate that.

[bean]

Yes. I know that Eternal & Bean appreciate that.

We do indeed. Thank you.

[Gaf The Horse With Tears]

Mind specifying a bit more on that?

Bean, read this post... It's important.

There are NO Federal laws that deal directly with a Hostile work environment. There are a few laws that deal with discrimination that can be used to cite a hostile work environment but you have to fit into their mold.

The Civil rights act of 1964 is one of them... beyond Jewish, is eternal an "official" minority? Well, it doesn't apply to him if he isn't.

Is he older than 64? Then the age discrimination laws don't apply to him either.

Is he a woman? No? Screwed again.

Is he disabled? No, nope.. those laws don;t cover him either.

Look, I can't prove a negative. None of the laws about discrimination and hostile work environments cover white males.

Eternals only legal bitch can be intimidation and anti-semitic hate speach. He needs proof... such as a witness that will testify, thus risking their job.

The tape recorder is a good idea... if you want to loose any case you have. You can;t record him without permission. If you do, it is a violation of his civil liberty's. Specifically, his right to privacy. the only way that a person can be recorded without their permission is in a public place (a work place is private) where it can be reasonably presumed that others would be able to hear the conversation. You need a court order to secretly record someone. If you do, it can not be submitted as evidence and can lead to a civil lawsuit. In worst case scenarios, it can mean jail time.

[freydis]

Come now man, do you really need people to tell you if its illegal? It sure is. I'd record it for backing your ass up, maybe through some phone conversation you were having with someone else. Either you have to go to someone higher than him, or make a formal complaint. Anyone would tell you that intimidation and the lines he is using on you are illegal. There are laws regarding this and how to handle them. You are a smart guy and I would expect you to act on this loser.

DO NOT record your conversations with this man. That can actually get *you* fired for recording him without his permission. Instead, go directly to HR. Do you have witnesses?

[bean]

Bean, read this post... It's important.

There are NO Federal laws that deal directly with a Hostile work environment. There are a few laws that deal with discrimination that can be used to cite a hostile work environment but you have to fit into their mold.

The Civil rights act of 1964 is one of them... beyond Jewish, is eternal an "official" minority? Well, it doesn't apply to him if he isn't.

Is he older than 64? Then the age discrimination laws don't apply to him either.

Is he a woman? No? Screwed again.

Is he disabled? No, nope.. those laws don;t cover him either.

Look, I can't prove a negative. None of the laws about discrimination and hostile work environments cover white males.

Eternals only legal bitch can be intimidation and anti-semitic hate speach. He needs proof... such as a witness that will testify, thus risking their job.

The tape recorder is a good idea... if you want to loose any case you have. You can;t record him without permission. If you do, it is a violation of his civil liberty's. Specifically, his right to privacy. the only way that a person can be recorded without their permission is in a public place (a work place is private) where it can be reasonably presumed that others would be able to hear the conversation. You need a court order to secretly record someone. If you do, it can not be submitted as evidence and can lead to a civil lawsuit. In worst case scenarios, it can mean jail time.

Thank you for this. He's going to HR tomorrow to at least report what is going on.

He is the only Jewish person there other than 1 other person and the owners (which would put him in a minority where he works). Other than that, he isn't a minority or any of the other things posted above.

I relayed the information to the eternal. No tape recording. Got it.

DO NOT record your conversations with this man. That can actually get *you* fired for recording him without his permission. Instead, go directly to HR. Do you have witnesses?

His boss does this in front of his co-workers all of the time.

[Homicidalheathen]

my god thats horrible. I don't think its illegal to tape your own conversations...is it? Get proof! Is there not one other person who would go to court with you?

Someone must have seen or heard this?

I have been through something similar but the lady who was also going through crap wouldn't testify with me and I had no other witnesses.

[candyman]

my god thats horrible. I don't think its illegal to tape your own conversations...is it? Get proof! Is there not one other person who would go to court with you?

Someone must have seen or heard this?

I have been through something similar but the lady who was also going through crap wouldn't testify with me and I had no other witnesses.

No its not illegal to tape anything...but there are many things that are not illegal that still won't hold well at all in court if it comes to that...

[Homicidalheathen]

I thought you had to notify someone if you were taping them...entrapment?

but if you could get him to leave you a voice message...I have seen those admitted into court

some of that is consideded a threat against your life btw a crime for sure

I can't think of it off the top of my head but there are organizations that help with this sort of thing they might know what to do

[Rev.Reverence]

No its not illegal to tape anything...but there are many things that are not illegal that still won't hold well at all in court if it comes to that...

I think it actually IS illegal...some shit about a right to privacy

[candyman]

I think it actually IS illegal...some shit about a right to privacy

So taping my dorm neighbor having sex with her girlfriend is illegal? Really?

If the government does it its not wrong...so maybe he should get a government job on the side before he goes to HR...

[Gaf The Horse With Tears]

The Government gets a Warrent to wire tap or eves drop. Sometimes after the fact, but they still get a warrent. Even that whole "warrentless wire tapping" fiasco a few years ago actually involved warrents that were gotten after the fact.

[bean]

Posting for the eternal again: he's sleeping - had a long day.

Thank you everyone for posting.

He talked to HR today and it has been taken care of. HR took the whole thing very seriously.

Hopefully this will be the end of the whole thing.

[freydis]

No its not illegal to tape anything...but there are many things that are not illegal that still won't hold well at all in court if it comes to that...

YES, it is.

I also know people this backfired on, to their detriment.

[TitsMcGee]

Posting for the eternal again: he's sleeping - had a long day.

Thank you everyone for posting.

He talked to HR today and it has been taken care of. HR took the whole thing very seriously.

Hopefully this will be the end of the whole thing.

keep us posted, I'm very interested how HR handles this.

[Rayne]

Tape recording is allowed by law as long as it isn't in a place where a person would expect a "reasonable amount of privacy".

You can't record phone conversations for legal use, because your expected to have a "reasonable amount of privacy". If your asked not to, your not allowed to.

"Reasonable amount of privacy" usually equates to a person's home, vehicle and sometimes can extend to a office at work. You'd probably want to make these boundries crystal clear with a lawyer or law enforcement agency before attempting them.

[bean]

keep us posted, I'm very interested how HR handles this.

HR took it to the owners and another higher up right away. The higher up met with the eternal's boss, and then with him. Then the higher up made the eternal and his boss sit down and work things out. His boss admitted to going over board, and he didn't have a problem with him today. I just hope it continues.

[TitsMcGee]

HR took it to the owners and another higher up right away. The higher up met with the eternal's boss, and then with him. Then the higher up made the eternal and his boss sit down and work things out. His boss admitted to going over board, and he didn't have a problem with him today. I just hope it continues.

Me too, I'm keeping ya'll in my thoughts