What should i do?

I have been working for Weis Markets for six months now. I was originally working for the local Wendy’s in town until a good friend of mine asked me if I would be interested in working at Weis as an overnight stocker. It sounded like a good idea especially since my friend was just promoted to night crew leader. Before I even filled out the application, the general manager called me in for an interview. I did complete the application and had the interview the same day and a day later, I was called back for a second interview and then I was hired.
For the last six months everything has been fine, no problems at all! But then me and my friend (who is also the night Crew Leader) had a argument outside of work, and since then, the working environment has been strained, but still always civil. Work always got done and we even talked to each other during work. Last night however, he approached me toward the end of my shift and seemed to be provoking an argument with me. He asked me about the amount of work I did and implied that it wasn’t enough. I asked if there was a problem, and he responded that there would be after he talked to the General Manager when he came in for his morning shift. I replied “Whatever”, waved my hand at him and began to walk away and he stated yelling very loudly, saying that he was going to talk to the General Manager, something that has never ever happened to be at work before. I then walked over to the aisle he was working to try and resolve our conflict civilly. When I arrived, he once again began yelling, saying things like “Get the f**k out of my aisle” and “You’re a f**king idiot!”. I honestly have never been treated this way in a workplace ever in my life. I was not only singled out and insulted, but it happened in front of fellow employees and venders coming into the store.
The worst part about this is that I had never even intended to leave my previous job until this friend offered me the job and said it would be perfect for me. Now I’m worried that my job may be at stake because of an argument between me and my friend. He is bringing what I feel to be personal conflicts and using his position as a crew leader to intimidate and harass me, knowing that if I retaliate, I would be out of a job. I have no problems with this person, other than the way he has been continually treating me for a couple of months, since our original argument outside of the workplace. Again, I do not want to have to worry about losing my job just because my friend is also my boss. My Job is very important to me.

2 answers  |  asked Jul 21, 2011 08:31 AM [EST]  |  applies to Pennsylvania

Answers (2)

Mardi Harrison
In general, I agree with Chris' suggestions, but I would need to know a few additional facts. For example, because your name does not appear with your question, I can't tell your gender. I would want to know more about the nature of your friendship with your Supervisor, because it could possibly give rise to a sexual harassment claim. Chris is right -- you don't want a claim, you want to protect your job, but if your employer is made aware that it may be violating the law, that may provide incentive to find a soluation with you. One thing you could ask the Manager, or HR, is whether you could change your shift, or ask if there is an opening in some other department, so that you would not have to interact with the Supervisor any more.

If you have any questions, feel free to give me a call.

Mardi Harrison
73 Old Dublin Pike, Suite 10 # 312
Doylestown PA 18901
267-880-3822
Mardi@SueTheBoss.com
www.SueTheBoss.com

posted by Mardi Harrison  |  Jul 21, 2011 09:14 AM [EST]
Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, 'harassment' in the workplace is generally only illegal when it arises from illegal discrimination, such as discrimination based on race, gender, age, disability, etc. Legally, sexual harassment is a type of gender discrimination. In your case, the harassment does not appear to be sexual or otherwise based on a protected class status, but is due to a personal conflict. While unfair and upsetting, it is not illegal.

If your friend lies about you or distorts reports of your work performance to get you fired, you may have claims of defamation or interference with contract (your employment agreement with the company, even if it is an oral, at-will employment agreement). What you want, however, is a secure job and not a claim.

The best thing to do at this point is to approach HR with the issue, advise them that you have a problem with your supervisor and that you have been unable to work it out through civil discussion, and ask for assistance in resolving the problem. You should determine beforehand, however, whether company policy would require you to approach your General Manager first - you don't want to create problems with the GM if he/she interprets your actions as 'going over' his/her head. Putting the issue on th record, and maintaining a civil demeanor during the process, will go a long way to getting the issue resolved.

Be careful to avoid 'whatever' and other similar comments to your supervisor, as they can be interpreted as wilfull disobedience and result in both termination and denial of unemployment benefits.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Jul 21, 2011 08:49 AM [EST]

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