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

Posted on 6/25/22 at 1:03 pm to
Posted by Lgrnwd
Member since Jan 2018
5247 posts
Posted on 6/25/22 at 1:03 pm to
If he was dumb enough to send that to you in a text, you are in a win win situation.

They find a reason to fire you, then you lawyer up and get paid big- Win

Or

The company does the right thing and fire the guy - Win
Posted by ChexMix
Taste the Deliciousness
Member since Apr 2014
25044 posts
Posted on 6/25/22 at 6:15 pm to
quote:

Please, can anyone give me some advice, and tell me if I have options, or what I should do?
pray he attacks you then sue the company for not taking the necessary precautions after being warned about his behavior.
Posted by Jag_Warrior
Virginia
Member since May 2015
4112 posts
Posted on 6/25/22 at 7:56 pm to
I don’t see it that way. These days you just don’t know how flakey in the head somebody might be. Too many people going “postal”. Check out what happened at the WeatherTech facility in Illinois this morning. I’m not sure what sparked that one, but you just don’t know about unstable people and what they might do.

I’d start looking for a new job no matter what (company seems to be a dung heap), and I’d also seek legal advice… while I was pressing HR.
Posted by Double Oh
Louisiana
Member since Sep 2008
17850 posts
Posted on 6/25/22 at 8:41 pm to
quote:

10 days and you’ve gotten nothing from HR? Time to lawyer up and sue the frick out of them.





Yep time to get a lawyer
Posted by BowDownToLSU
Livingston louisiana
Member since Feb 2010
19268 posts
Posted on 6/25/22 at 10:10 pm to
If all else fails… I know a guy
Posted by OlGrandad
Member since Oct 2009
3500 posts
Posted on 6/26/22 at 7:57 am to
Beasley Allen law firm, Montgomery,Mobile,Dallas, Atlanta.
LINK

Posted by cas4t
Member since Jan 2010
70922 posts
Posted on 6/26/22 at 8:30 am to
Lawyer up. This claim would be settled by an insurance co in a heartbeat. Google Employee Practices Liability.
Posted by TigreB77
Member since Jun 2019
92 posts
Posted on 6/26/22 at 9:57 am to
He is absolutely insane for sending you that text message. Don’t expect HR to do much of anything, they’re goal is to protect your employer not you.
If I were in your situation I’d speak to a lawyer about this boss creating such a hostile work environment and HR’s complete indifference to the situation.
This post was edited on 6/26/22 at 10:00 am
Posted by RoyalWe
Prairieville, LA
Member since Mar 2018
3118 posts
Posted on 6/26/22 at 10:37 am to
quote:

(their) goal is to protect your employer not you.
This x1000. While the wheels of HR may turn slowly in a big company, they should not hesitate to do something NOW given the environment you've described. Not doing so is negligence on their part. Hell, I don't know why they haven't given the guy administrative leave to ensure nothing happens on-site.
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
4934 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 Dawgfanman
Member since Jun 2015
22435 posts
Posted on 6/26/22 at 11:40 am to
Wether you “win” on this issue or not, I’d advise you to look for a way out of this job sooner rather than later. There will be people still on power when this is over that will be resentful and will seek to get rid of you when they can safely do so. Just my experience.
Posted by Germinator
Member since Mar 2014
78 posts
Posted on 6/26/22 at 12:10 pm to
My understanding would be that seeking advice in an anonymous manner like this would be fine. I haven't given any information as to what company this is, where they are located, nor any names involved. But, I will run it by the attorney tomorrow, as you are probbaly right in that it's best to just check every box really.
Posted by Parallax
Member since Feb 2016
1450 posts
Posted on 6/26/22 at 12:29 pm to
I would edit the text in case it's verbatim to the real text and could be found by web search.
Posted by DallasTiger45
Member since May 2012
8431 posts
Posted on 6/26/22 at 1:46 pm to
Agree with everyone else- you can’t work here after this no matter the resolution.

Regarding the HR Manager’s conversation- that’s insane behavior. Make sure you document everything they respond to you with, all communication as possible. It seems clear to me they will not be your ally in the coming legal proceedings.
Posted by Double Oh
Louisiana
Member since Sep 2008
17850 posts
Posted on 6/26/22 at 3:03 pm to
quote:

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.







Sounds like shits about to hit the fan for your company and your boss.
Posted by thelawnwranglers
Member since Sep 2007
38795 posts
Posted on 6/26/22 at 6:20 pm to
Text is threatening file a police report
Posted by thelawnwranglers
Member since Sep 2007
38795 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 Jag_Warrior
Virginia
Member since May 2015
4112 posts
Posted on 6/26/22 at 6:42 pm to
quote:

Regarding the HR Manager’s conversation- that’s insane behavior.


I absolutely believe the OP. But this is like a really bad episode of The Office. And I wonder where this company found an HR manger that clueless. I’m not wondering whether the OP gets a settlement. I’m just wondering how much he’s going to get - and he’d deserve every cent. Wow! And I thought that I’d worked for some fouled up companies.
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