Abusive Work Environment, Taped Conversation
I recently quit my job because of an abusive shift manager.
This shift manager would bump into me. Yell at the top of his lungs at me, intentionally pretend not to hear me, and skip me when it was my turn to take care of a customer.
I taped a conversation I had with his boss, who talked to me in the parking lot.
In it the GM admits that: "I feel there are a lot of things he does that are fucked up, he does a lot of things he shouldn't do. I can't stand him either but I'm not going to give a fuck because I'm not going to be here soon." He also threatens to write me up if I don't just put up with it and do my job.
I took it to the district manager, who sat down with the shift manager and me. My kids have a disability, and he admitted to saying "those kids just need a good kick in the ass."
The next day, he was horrible to me, because I had reported him to the district manager. I called the district manager and she said she would take care of it.
They never disciplined him, instead they tried to transfer me to the most dangerous location in the city, where a person with my job description was robbed 4 days earlier it was also an additional 16 miles from my house. I think they were trying to get me to quit, because they have many locations in safer areas.
I have quit and have filed "Hostile Work Environment", but I am very angry at the abuse myself and other employees had to deal with. Is this worth pursuing further? I have the one conversation with the GM on tape. It was taped in the parking lot, is it legal to use?
Answers (1)
Dear Brenda C,
You may have a retaliation claim, but the facts you give are such that a real determination can not be made until you consult with a competent employment attorney. (There are some excellent attorneys in the Columbus area). The fact that you quit will make the case more difficult but not impossible. This cause-of-action is called "constructive discharge" and has been found difficult to make in Ohio, especially in our current economic times.
Regarding the taped conversation: yes, its legal in Ohio to tape your own conversation with someone else who does not know about it. Whether it can be admitted into evidence in a court is another matter entirely. Certainly it can be brought up in negotiations.
And finally, you state that you have filed "Hostile Work Environment". With whom? The Ohio Civil Rights Commission? The EEOC? If either of these agencies, they are compelled to investigate but the outcome may not necessarily be to your liking.
You need to speak to an attorney.
Neil Rubin
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
posted by Neil Rubin | May 6, 2008 2:31 PM [EST]
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