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    Boss not supporting workplace violence threat

    Posted by: tripak
    Date: 1/13/2007 7:18:45 AM

    I am a Lead in a health care center. I have 3 employees who I am responsible for managing their time.

    On Monday, one of the employees, “Joe”, came to me and told me he was having an affair with a married woman. I brushed it aside as I didn’t want to know about these kinds of personal problems.

    The next day, Tuesday , at closing time a man came into our building and was escorted to my office. He stated to me that his wife was having an affair with “Joe” and that he had reason to believe that I was allowing them access to my home to engage in their sexual activities. “Joe” gave me a ride home one day after work, so he knows where I live. The man had email documentation between “Joe” and his wife that they were meeting at my home to have their fling and on occasion used my driveway to swap vehicles. My supervisor was nearby and I immediately asked for HR. Through conversations with HR, the man made accusations that “Joe” had used company vehicles, computers, etc. to meet with and converse with his wife. Of course HR had to do an investigation.

    I stated very strongly that I did not want to work with or be near “Joe” any longer.

    “Joe” put my life in danger. I still do not know to this day if the man was carrying a gun or what his intentions were on that day when he came looking for me, nor do I know if this man will come back looking for me again.

    My company has brushed my concerns aside and told me that I am overreacting.

    The following morning, Wednesday, my boss said that they would be meeting with “Joe”. I asked if Joe was going to be terminated. My boss said he could not guarantee that. I told my boss that I could not work in the same area as “Joe” because this man could come back looking for “Joe” and if he saw “Joe” and I together he would target us both. I stressed to my boss, and I was in tears, that I did not feel safe. My boss said, “What, are you going to resign?” I asked, “Are you going to terminate “Joe” for putting another employee’s life in danger?” He became real smug and said “I don’t know that.” I stood up and said, “I’ll make it easy on you, I’ll go home and think about writing my resignation.” And I left. I did not want to be in the same room as “Joe”, as I was very scared.

    I called in around 4:00pm that day to see what the status was on “Joe’s” employment.

    I was put on a conference call with HR and my supervisor and told that another employee’s employment status was not going to be discussed with me. They wanted to know since I walked off the job, would I be resigning immediately or will I be giving two weeks notice. I told them I would talk with my husband and let them know in the morning.

    Thursday morning I called in and told my boss that I would not be resigning, that I would be at work on time. He told me that my words were that I would be resigning. I explained to him that I was under extreme distress and I was distraught. But I would be coming to work. He told me to stay home that he would have to look at termination procedures for walking off the job.

    I immediately filed a Labor and Industries complaint against my company for not adhering to their own policies regarding visitors in the building. Policies state visitors have to sign in, get a visitor’s badge, etc. Of course, now my supervisor is trying to force me out.

    I have learned that “Joe” will not be terminated and I will continue to be his Lead. Thus, my problem. I want to separate myself personally and professionally from “Joe”. I feel that as long as “Joe” and I work in the same department and I continue to be his Lead, that I am in possible danger from this man returning or “Joe’s” wife showing up irate as well, believing that I had something to do with all of this. Since the man knows where mine and “Joe’s” office is, he now can just walk in and head directly to them.

    I don’t want anyone to think that I was ever involved with his affair. I want to get as far away from “Joe” as I can. I don’t know what slander this distraught husband has done to my name in our small community. I just want to get away from the whole ordeal.

    My supervisor and the HR Department are taking the stance that if I can’t work with “Joe”, than I should resign. I feel very stuck. I did not create this mess and yet I’m the one being punished. I am now in a position that I cannot reprimand or criticize “Joe’s” performance because “Joe” can now call harassment.

    I need some advice on how to handle my boss, protect myself since my company won’t and what I should do about being “Joe’s” Lead. If I ask to step down, that will give them cause to terminate me, since there is no other position for me. It was suggested I seek a Protection Order, but if I do that, than my company will have cause to terminate me since they will have to separate us. I need help.



    Reply from: goodboss
    Date: 1/13/2007 8:25:00 AM
    Reply: What country are you in? (I would have thought the US, except I'm not familiar with any American governmental entities called "Labor and Industries" nor am I aware of any American governmental agencies that are interested in whether organizations follow their own policies or not.) Knowing what country you're in will help me determine what (if any) your options are. One thing I've noticed from your post is that you haven't stated that this Joe person actually threatened you - all you've said was that he was very angry and made a lot of wild accusations about you to your HR person and manager. If Joe hasn't actually threatened you (i.e., if he hasn't actually said something like "I'm gonna do this and that to you") then your boss might be somewhat correct in thinking that you may in fact be blowing this a wee bit out of proportion. Anyway, let me know what country you're in, and also if Joe has in fact threatened you, and I'll think further on this.

    Reply from: tripak
    Date: 1/13/2007 11:41:00 AM
    Reply: I live in the U.S. Joe is the person who works under me. He is not the person who was angry and made accusations. The man who came in angry was the husband of the the woman that Joe is having an affair with. Let's call him Fred. Fred has been married to this woman for over 30 years and has 4 children. Joe and I have not spoken since the Monday when he told me he was having the affair with Fred's wife.

    Reply from: goodboss
    Date: 1/15/2007 8:55:00 AM
    Reply: Unfortunately, absent a written employment contract or CBA, US employment law allows employers to fire employees without severance pay or access to UI benefits, for no reason except those reasons prohibited by law. (In Canada it's quite different.) In the US, the reasons 'prohibited by law" are those reasons based solely on employees' geneder, race, religion, and disability etc. So firing you for getting a protection order, or for resigning, would be perfectly legal in the US. (Sorry about that, I'm always getting shot down on this site for quoting laws that people don't like, however, as I've said many times before, I don't make the laws - nor do I necessarily agree with them - I just quote 'em when people ask me to.)

    Reply from: goodboss
    Date: 1/15/2007 8:56:00 AM
    Reply: If this situation escalates to actual threats of violence, you will have something to take to the police, and if your employer tries to discipline you for going to the police, you can contact OSHA and see what they say about the matter.

    Reply from: goodboss
    Date: 1/15/2007 8:56:00 AM
    Reply: I still think that if this man Fred hasn't actually threatened you (i.e., said something to you like "I'm gonna hurt you"), then there isn't anything your employer is required to protect you FROM - and that's why your boss isn't taking this as seriously as you think he should. In addition, if you take this issue to the police, to get a protection order, I don't they're going to take you as seriously as you'd like either, for the same reason. I think that what you need to do is stay put and see what happens. Keep your relationship with Joe on a strictly business level - if he starts yapping on about his affair, and Fred, and so on, remind him you are not involved in this stuff and don't want to hear/discuss it. Document what Joe is saying to you, but keep the documentation to yourself for the time being. Tell your boss that you won't bother him with this stuff anymore, you were just concerned about what your employer's responsibilities were in case someone (anyone, not just Fred) came into the workplace and tried to commit violence on an employee (any employee, not just you or Fred).

    Reply from: goodboss
    Date: 1/15/2007 8:58:00 AM
    Reply: Finally, what is this "Labor and Industries" entity that you speak of, and what did they say when you called them? As far as I know (and I know A LOT about US federal and state employment laws), there are no laws in the US that compel employers to follow their own policies.

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