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re: Need advice on handling workplace violence/threat/harassment.

Posted on 6/26/22 at 11:19 am to
Posted by Germinator
Member since Mar 2014
78 posts
Posted on 6/26/22 at 11:19 am to
Everyone, thanks for the great advice so far. I wanted to provide a quick update. On Saturday, as we had to work Saturday to ensure we hit the highest financial gain goals as possible because this is the end of the second financial quarter of the year, the HR manager came into my office and said two things. She told me that they are concerned that I am merely trying to "recruit others into the fold to ensure the guy loses his job." She also made it clear that I would be disciplined, and a secondary investigation would be opened if I were to tell others within the plant of the existence of the text message, and the fact that an investigation into the manager is underway. She basically told me to keep my mouth shut, and only talk to my employees about work, and nothing or nobody else.
Let me reassure you thayt every damn thing I'm putting on here is accurate and true. I spoke with an attorney on Friday, and upon his receiving the packet of evidence from myself, he advised me of a process called 'constructive dismissal' where an employer makes the environment so unsafe, toxic, or intentionally uncomfortable that any normal person would be forced to leave in their own accord. Basically, you can resign and claim this in your resignation, and it allows you to pursue claims against the company via EEOC. I will not do anything until the Attorney says so, as he is now following the process and I'm updating him on all new incidents everyday.
Posted by Germinator
Member since Mar 2014
78 posts
Posted on 6/26/22 at 11:30 am to
I was also advised by the Attorney, as some of you actually said as well, to submit an in writing email or letter tomorrow explaining my fear for my safety and my concern in their continuing to allow this person to have unconditional access to me each day. This would then create a paper trail of them either addressing the issue, or failing to act in a timely manner. The Attorney said if I am still in an office with this person by Thursday, he will submit a petition to the company to place either me or the other person on paid administrative leave until proper action is taken, or legal intervention will be initiated.
Posted by Big Jim Slade
Member since Oct 2016
4948 posts
Posted on 6/26/22 at 11:33 am to
quote:

She also made it clear that I would be disciplined, and a secondary investigation would be opened if I were to tell others within the plant of the existence of the text message, and the fact that an investigation into the manager is underway. She basically told me to keep my mouth shut, and only talk to my employees about work, and nothing or nobody else.


They clearly said not to tell others “within the plant”. They said nothing about posting the details on TD. Seriously, you might want to check with your counsel to get their opinion on whether posting this info is the best idea. Not legal advice , but it isn’t the best idea.
Posted by thelawnwranglers
Member since Sep 2007
38820 posts
Posted on 6/26/22 at 6:23 pm to
quote:

the HR manager came into my office and said two things. She told me that they are concerned that I am merely trying to "recruit others into the fold to ensure the guy loses his job." She also made it clear that I would be disciplined, and a secondary investigation would be opened if I were to tell others within the plant of the existence of the text message, and the fact that an investigation into the manager is underway. She basically told me to keep my mouth shut, and only talk to my employees about work, and nothing or nobody else.


Now that you have a lawyer ask her if she wants to discuss their concerns with him/her/they
This post was edited on 6/26/22 at 6:24 pm
Posted by WhiskeyThrottle
Weatherford Tx
Member since Nov 2017
5350 posts
Posted on 6/27/22 at 8:18 am to
Wow. The management sounds like they're grade A here.

How big of a company are we talking? > 250 employees? > 1,000?

This sounds like a company of 25 or less based on their actions but to have an HR dept flying in to the plant, makes me think it's a rather large company. . .

I'm sure HR is concerned about your buddy's WB complaint escalating and you're secretly involved. That's the only trap you can step in here so I'd definitely not talk about it with your buddy, or at a minimum don't tell him anything he doesn't already know.

Good luck.
Posted by jchamil
Member since Nov 2009
16549 posts
Posted on 6/27/22 at 12:04 pm to
quote:

She told me that they are concerned that I am merely trying to "recruit others into the fold to ensure the guy loses his job." She also made it clear that I would be disciplined, and a secondary investigation would be opened if I were to tell others within the plant of the existence of the text message, and the fact that an investigation into the manager is underway. She basically told me to keep my mouth shut, and only talk to my employees about work, and nothing or nobody else.


Threatening employees is usually not a great look from the HR manager I would only communicate with HR through writing going forwards
Posted by diat150
Louisiana
Member since Jun 2005
43672 posts
Posted on 6/27/22 at 5:45 pm to
quote:

She told me that they are concerned that I am merely trying to "recruit others into the fold to ensure the guy loses his job." She also made it clear that I would be disciplined, and a secondary investigation would be opened if I were to tell others within the plant of the existence of the text message, and the fact that an investigation into the manager is underway


Id ask the hr manager if she would take that same approach if you were a woman and the guy had sent sexually suggestive emails to you.
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