I.G. asks from Seattle, WA on April 16, 2010
Bullied at Work.... What Would You Do?
Not really a mom question, but I could use some input...
I am in a situation with a co worker for a year now. The person will not speak to me until it is unavoidable, does not voluntarily share information, has been talking bad about me to other staff, even spreading rumors about me at work. This happened after I blew the whistle on this person for treating clients in an unprofessional way and generally behaving in an unprofessional manner around the office. The person has been reprimanded, even suspended without pay for a while, but due to union issues, was not fired.
The behavior with clients has improved, but I am still the scapegoat and the attitude towards me has not changed.
I really used to like my job, but it is starting to wear me down.
I have complaints running with HR and Management and I do feel like they are supportive, but they are telling me that other than what has been done their hands are tied.
I am hoping to go back to school next year, so I was just trying to "lay low" and get into as little trouble with this person as possible, but our responsibilities overlap and it has come to a point where I hate coming to work every day.
My family depends on my job right now (hubby is in school and our insurance is through my work) so I can't just quit.
What would you do? I am wondering whether I should talk to a union representative and complain with my union (HR and my boss are in agreement that it is a hostile work environment) or even a lawyer? I really don't want to make things worse, but it cannot go on like this either. I just feel so powerless...
BTW, my other coworkers have experienced similar things with this person at one time or another, but no one will speak up, because this person is a senior staff member... so I do not count on help from them.
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So What Happened?™
Thank you everyone for your support and suggestions. My boss has already spent thousands of $$$ for mediators to come in and help with this, but this person flat out refuses to cooperate (I have also approached them one-on-one in a safe setting, but still).
We are both unionized and every time there is disciplinary action taken against this person, the union represents this employee... since every union member has a right to union representation in disciplinary hearings.
I think I will talk to a union representative next and see what MY rights are in this.
Featured Answers
W.H. answers from Stockton on April 16, 2010
Go to the union. HR can't do much when there is a union involved. That's what you pay union dues for.
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H.D. answers from San Francisco on April 16, 2010
First of all, I would NEVER be alone with the woman, ever. Always be polite. Record every incident in a log with date, time and what happened. And practice what my stepmother taught me when I was having problems with a bully in school. Whenever she says something mean just smile as big as you can and say "HEY! Have a GREAT day!", turn on your heal and walk away. Bullies know how to react to negative comments, they don't know how to react to positive ones.
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J.W. answers from Seattle on April 17, 2010
You could talk with your union representative, but unless there is a violation of the contract, if the company, ie your boss, has ignored the hazards that have placed you in a dangerous position where you have been harmed, there is little the union can do. Even the company is limited as to what actions they can take with your co-worker. If she was suspended without pay for her previous actions, obviously they were pretty drastic. She wasn't terminated because she was placed on corrective action earlier and her behavior wasn't observed by management but by a co-worker. If the customers had made complaints and several complaints were noted, that probably accounted for the suspension. You say that she has improved but the climate is very chilly for you. Such are office politics. Even when others observe bad behaviors, when the boss takes action, the misbehaving employee goes from being a problem to being a victim, and in that case the co-worker who reported the transgression is seen as the bad guy. Do your job. Be cordial to everyone at work. Don't go out of your way to interact with this person or anyone else for that matter. Time has a way for healing wounds. Because the person was suspended she is on steps of progressive discipline. She, more than likely, has a letter in her record informing her that the next transgression will be grounds for immediate firing.
The union was there to make sure that the punishment fits the crime. That any and all extenuating circumstances were taken into consideration. That the company followed their own guidelines. You don't know what's been happening outside of the workplace that could have had a definite impact on her behavior at work. Let time heal things. Your managers are watching her and others in the group. You don't need to tell them how to do their jobs. If you feel physically threatened, by all means report this to your company's security department. But be sure to have concrete, distinct examples of the hazards and threats made to you. You're not always going to 'like' everyone at work. You're there to do a job. It's frosting on the cake when everyone can be friendly and supportive of their co-workers.
As far as engaging a lawyer..... because you have a collective bargaining agreement at your work place, (the union), you need to exhaust the grievance process before engaging a lawyer to take action against your employer. And you will need definite proof of harm to you. There are laws that address workplace bullying, and your state's department of labor would be a good place to file a complaint. This is also a grievable action. Your union can file a grievance on your behalf because of this. they don't file a grievance against the employee, but against the company for not taking appropriate actions to make sure that the bullying ceases. Again, be prepared for the reactions of your co-workers.
Take good care.
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K.C. answers from Dallas on April 16, 2010
Definantly go talk with the union. I used to work for Kroger, and they're a Union company. I had problems similar to yours and thankfully, a guy got transferred to my store who was part of union represenatives. Fixed everything for me :)
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H.G. answers from Portland on April 17, 2010
Type out your concerns, make sure it is done professionally, tactfully & as positively as possible. Double space it put it in a folder and have those people who you know have a problem with this senior staff person look at it & write their comments on it & give it back too you. Even if they are not willing to speak up they may change their minds if they know you are serious & can change the work environment for the better. I would ask them each in turn to come to your car with you and give it back to you in the morning and you keep it in your car so the wrong eyes don't see it ask them not to bring it into work or talk about it at work. Ask them how long it will take them to read & write their comments & write that date on the paper for them to hand it back to you on that date. Tweak it after it is returned each time, this is not the time to worry about being "green". After you have gotten all the written comments back. make sure all you have written is accurate & true otherwise leave it out, then submit it to your union rep, HR & boss and ask for their formal written recommendations. Be methodical do not give this information to anyone you suspect will share this information with the wrong person, especially the senior staff person. Make sure you keep a log with dates & document everything. You might decide to keep two & let her know you are documenting her behavior because of the liability it causes the company.
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W.H. answers from Stockton on April 16, 2010
Go to the union. HR can't do much when there is a union involved. That's what you pay union dues for.
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S.H. answers from Honolulu on April 16, 2010
I really hope your are DOCUMENTING everything... before, after, and now.
So this is essentially "retaliation" that is occurring now... by this person. So, "retaliation" is now another issue that is happening... versus just calling it "personality differences." The wording... makes it a big difference, legally. So take note of what you call it... and how you "frame" the problem that is existing now/currently... and the wording you use.
you could also say the "retaliation" is causing undue mental stress, "fear" of your job, harassment etc.
There is a whistle blowers law...
but you said he is under Union issues and so was not fired. But they did reprimand him. So they did do something.
Or, pursue the problem, in another way... that this person is affecting COMPANY security/success/team work/clients and breaches in the confidentiality of the Team or staff or company... and that it is retaliatory and "Bullying"...and the person is "targeting" YOU etc. Or "singling you out" just you. These are other wording or terminology that you can use.... to your benefit....
And if this person is also "Bullying" others... well you have to use that wording too.
The thing is, if the problem is pursued as being just a personality difference... there is nothing they can do. Legally. And employment in most States is "at-will."
all the best,
Susan
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D.B. answers from Charlotte on April 16, 2010
I., where are union rules written down so that you can see what your rights are? She obviously knows she can't get fired - what rights do you have?
You'll need to work within the same structure as she does in order to get her to tow the line. So figure out the rules and see if talking to a union rep would help. I'd try that before getting a lawyer involved.
Good luck - he or she sounds like a real jerk.
D.
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S.P. answers from Minneapolis on April 17, 2010
Absolutely - move forward with your complaints. Talk to a union representative, hire a lawyer, and complain to whoever is above your HR people. I would recommend doing all three. At the same time, cc your HR people so that they are aware that you're moving ahead with complaints. You should not have to work in an environment where you're not happy. It can cause health issues on top of just making you miserable. In addition, as others have said, make sure that you document *everything* - even going into the past. Just make sure that you note the date that you start. Your documentation is admittable evidence in court and can be used against her.
Good luck and take care of yourself!
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