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  1. #1
    Join Date
    Jul 2011
    Posts
    3

    Default Victim of Discrimination and Constant Hostile Verbal Abuse

    My question involves labor and employment law for the state of: Connecticut

    I have worked for 31 and a half years in a nursing home for the same employer. In 1996, they cut my hours from 40 to 32 hours a week. Then they later expanded the center from 60 beds to 90 beds. I was promised a new position as "Operations Manager" which would be akin to performing as the Assistant Administrator. They never promoted me and I continued in my job as Business Office Manager. But I also had to serve as the facility's Human Resources Director and Safety Committee Coordinator. I always had to bring home work just to be sure to make all my deadlines. Recently they told me I could not bring work home anymore. I was paid for that work and they did not want me to exceed 32 hours. It is literally impossible to have so many roles and to be able to handle all the work when restricted to 32 hours in-house only.

    I have been subject to the wrath of the owner's wife (who really manages the business) for years. It has been intolerable. Others have told me that she is bipolar but doe snot take her medication regularly. She screams, berates, and belittles me and even does so in front of others. She has done the same with some other managers, but everyone agrees I seem to get it the most, and I am the employee who has been there the longest, since they opened in 1979! In February of 2010, my direct boss, the administrator, instructed me to let all my work sit because I had to apply for a national award for the home - this project, which included describing a clinical study, took me 7 days a week, working day and night, to accomplish since they only gave it to me a month before the deadline. I was told to work ONLY on that project to the exclusion of all other work. They won the award, and the owners never even said thank you, never mind give me a bonus. They have made it intolerable for me and I think my letter of resignation sums it up best and follows - please advise as to whether or not I have a case for discrimination (not allowed to use personal time) and verbal abuse in a hostile work environment. I submitted my 30 days notice and no one has responded to me in any fashion, but my assistant manager who works for me told me she was called to see the owners and was told she was going to be promoted to do "some" of my work and that they plan to "restructure" my departmnet. My only guess is they will hire an HR Director when they could have offered that job to me since I am qualified for that and have been performing that role, along with myriad other duties. Thank you. Resignation:

    After much thought, I have decided that I have no choice but to submit my letter of resignation. Because *** and I made plans for the next week, and I received approval for the three days I am actually using as vacation next week (next Tuesday, Wednesday and Thursday) I am actually giving more than thirty (30) days notice: as outlined below:
    (omitted for privacy)

    Total days notice is 31 days but spans from ***through ***, a total of 37 days in which to seek my replacement. This allows me to cover for ***** when she takes time off and I must do the payroll for her at the end of ***.

    My last day will be *****.

    I see no alternative but to resign at this point because I feel I cannot excel in every facet of my job because it has expanded to such a degree that it encompasses a number of duties and responsibilities in too many different areas, and restrictions have been placed upon me in a discriminatory manner.

    *** had asked me to enumerate all the tasks I perform, (including the various special projects I have done) and I began to create that list. I never completed it because preparing it halfway revealed to me that I hold several jobs, all under one title, and each role has myriad components.

    I am the Business Office Manager performing tasks of that nature, as well as the supervisor of my staff, and hold accountability for all of their functions. My other tasks preclude me from closely supervising staff as much as I would like; however, I do pause my work often to respond to their questions immediately when they need guidance or assistance.

    I am also the Safety Committee Coordinator, and conduct monthly meetings of that committee. That work involves statistical analyses so I can track trends and bring them to the attention of the committee. I handle OSHA logs and reporting, and manage all workers’ compensation (w/c) claims which require frequent conversations with our injured employees, occupational health clinic and w/c insurer.

    I am viewed by managers and staff alike as the facility’s Human Resources Director because I do perform so many HR tasks. I am expected to keep abreast of all changes in laws and policies within that realm. HR work alone consumes the majority of each work day. I attended an HR seminar sometime in the past year. Each attendee had to announce his or her name and title. Each attendee was either an HR Director or HR Specialist. I actually felt uncomfortable announcing my title as “Business Office Manager,” and it made me realize that I held more duties and responsibilities than all the other attendees who held HR positions that were the entire focus of their positions.

    Additionally, I sometimes serve as a fill-in receptionist (seven hours this past Monday), perform administrative assistant tasks for ***, and conduct urine drug testing of new hires. I also must deliver Dietary food trays at lunchtime to assist the Dietary Department. Last week, I had to deliver four carts in one day and that took me away from my own job for half an hour.

    Because of my journalistic background, I have been utilized to write many policies, brochures, telephone loop scripts, various letters, etc. I handle our facility‘s licensure renewal, liability insurance renewals, and food service operator license renewal on an annual basis. I am responsible for maintaining and updating all vendor and consultant data, in addition to many other books containing pertinent data.

    Whenever I am asked to do a special project, I always comply, but projects cause me to fall behind in my work as I did when I worked on the Bronze Award application. In early February of 2010, I was told to do nothing but work on that project until it was completed and submitted by the deadline of February 28. I had to cease all my functions and I did work solely on that project seven days a week, day and night. I conducted a lot of research and had to develop and describe a clinical study to prove that our facility has illustrated improvement by utilizing our quality measurement tools. I am happy that you won the award, but disappointed that I was not even thanked for it (other than Ted thanking me), nor was I given even a small bonus to show your thanks. ***** recorded the phone script and told me she received a $100 bonus for that.

    It is stressful to have so many different responsibilities. I want to perform at excellence in all endeavors, but feel I cannot achieve that, particularly in the area of HR, where laws frequently change with no notice to employers; such laws (both state and federal) require interpretation because they are often constructed in a manner that actually require legal counsel for clarification. Serving the needs of our employee population (both current and terminated) has increased tremendously due to the often complex needs of our staff. We also have an inordinately high turnover rate, so there is much work in the area of processing new hires and terminations.

    Scheduling and replacing absent staff also consumes time, both at and away from work. Recently, I received a phone call at 10:30 p.m. on a Friday night from a receptionist who fell ill and could not work the next day, Saturday. I spent an hour that evening before I managed to attain coverage. In fact, it was also a Friday when ***** asked me to prepare a proclamation from the Governor to present to *** upon the celebration of our 30th anniversary. I willingly agreed and spent the day researching how to do a proclamation, and it took many hours on my day off to complete that; I essentially composed a summarized history of the facility. Your lobbyist told me that the governor’s office said to say “thank you” to whomever wrote up the proclamation
    because I had made their job easy – all they had to do was simply transfer it to a proclamation document without any changes needed.

    I also feel that it will be impossible for me to no longer have the right to access my personal time when ill, or when I need a particular day off. *** said I must make up my personal days now by working on a Friday if I have used a personal day during my 32 hour assigned work week. No other employee has ever been placed on such a restriction that effectively amounts to the removal of my personal time. It will accumulate, and *** said I could use it as vacation time when I want to take a week off. But I no longer have personal time benefits that can be utilized in the fashion they are intended to be. I would have to cease working other jobs I have worked on Fridays since 1996, when my hours were reduced from 40 to 32 per week. Friday would have to be left open to comply with this new restriction, just in case I happen to be ill or need a day off in any particular week, and must work my scheduled day off to make up the time.

    It was not long ago when I was told I had too much time on the books and I was ordered to utilize it. Yet when I utilize the benefits I have available, I am told that I must work 32 hours a week and make up the lost time; my recent request for flexibility in my hours for one month to deal with an emergency was denied. So I am told on one hand that I have too much time on the books and am ordered to use it (*** actually told me at one point to take off a week per month but I could not do that and keep up with my work). Yet, when I use the time, or have an emergency that requires time off, I am either denied or lambasted for taking off too much time. I honestly can’t win either way I go.

    After almost 32 years of working at *******, I recognize that the quality of my performance and skills is not appreciated as it should be. Therefore, I feel that I have no other option than to leave because my tasks have increased to a level where I must perform the functions of more than one position, and the terms of my employment have changed so that I can no longer have personal time benefits as other standard employees enjoy.

    *** told me in November, 2009 that he could hire someone in a minute to take my job for $10 less per hour; he also told me I was the highest paid office manager in the state; and that I had it easier than the Office Manager at his other facility because I “have (my) asst. manager.” I do not wish to demean this employee of mine at all, but there are a host of items she is not familiar with at all, and frequently comes to me for explanations and advice. She would admit that to you herself. I should have resigned then on those statements alone.

    Finally, the past couple of weeks have been most difficult for me at work. I have been berated and yelled at, told I don’t know anything about FMLA, and that words I stated about FMLA matters are nonsensical. I have been yelled at on speaker phone where others upstairs have heard it, and then call me to see if I am “okay” after yet another scream attack. Because I am talked about loudly, with doors open, other people who either work at *** or ***** employees who happen to be upstairs, overhear things said about me, and report back to me to alert me that my employers feel they don’t necessarily “need” me anymore. That is why I asked *** to just give me my pink slip.

    Because I was ill on *****, I called work to state that I will work Friday instead of Wednesday to complete my 32 hour work week. I found it to be inappropriate to learn later that day that people overheard a member of my own staff being asked by ***** where I was. When the employee tried to explain, he was told angrily that, “She better be here tomorrow! And don’t tell me whether it is her stomach or head; I don’t care what’s wrong with her – she just better be here tomorrow because I needed her today.”

    I certainly cannot be effective as a supervisor if my own subordinates are listening to management’s complaints about their supervisor. So I would like to have an amicable separation that will suit both parties; you don’t need me, and I need to move on for both my mental and physical well-being. So I would like to part on good terms without malice or anger on anyone’s part. I have spent the majority of my life at ******, and I will feel sadness when that last day arrives.

    I prefer to inform my staff on *****1 that I have decided to retire, rather than discuss my real reasons. I also would like to have my coming departure kept private from all the rest of the staff, both upstairs and downstairs. I only request that you honor and respect my wishes to leave quietly, with no fanfare or remarks that will surely enter the rumor mill of gossip that is prevalent in the building.

    Thank you.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Had to Quit After 31 Yrs-Victim of Discrimination and Constant Hostile Verbal Abu

    That's an incredibly long letter of resignation.

    But what's your legal question?

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Victim of Discrimination and Constant Hostile Verbal Abuse

    Quote Quoting magoopam
    View Post
    They have made it intolerable for me and I think my letter of resignation sums it up best and follows - please advise as to whether or not I have a case for discrimination (not allowed to use personal time) and verbal abuse in a hostile work environment.
    That is one long post. However, I don't believe I see anything illegal in it being done by your employer. Hostile work environment has a specific meaning under the law:
    http://www.wisegeek.com/what-is-a-ho...nvironment.htm
    If you have an additional specific legal question, please let us know.

  4. #4
    Join Date
    Jul 2011
    Posts
    3

    Default Re: Had to Quit After 31 Yrs-Victim of Discrimination and Constant Hostile Verbal Abu

    I stated my question by asking the paragraph one:

    Pplease advise as to whether or not I have a case for discrimination (not allowed to use personal time) and verbal abuse in a hostile work environment.
    __________________________________________________ _______________________________________________

    I know it was a lengthy letter but I guess I had to say what I had to say to get through to my employers.

    I see another reply that states I do not have a case. So an employer is allowed to bully people in America? That does not seem right to me. But I have been discriminated against by being ordered to make up any time lost, and that means I cannot use personal time as all other employees do. Thanks for the replies, LawResearcherMissy and Betty3.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Had to Quit After 31 Yrs-Victim of Discrimination and Constant Hostile Verbal Abu

    Not all or even most discrimination is illegal. The term, hostile work environment, has a very specific meaning under the law.

    Nothing whatsoever in the law says that all employees have to be treated the same. The law says only that differences in treatment cannot be BECAUSE OF their race, religion, national origin, or other characteristics protected by law. You have provided no evidence that this is the case. It is perfectly legal to "discriminate" against you because she dislikes you.

    What you have described is not an HWE as defined by law.

    There are at present no laws in the US about "bullying" in employment situations and I do not expect to see any in the immediate future.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Had to Quit After 31 Yrs-Victim of Discrimination and Constant Hostile Verbal Abu

    So an employer is allowed to bully people in America?
    Yep. Unless you're covered by a collective bargaining agreement that explicitly states that your boss can't act like a jackass towards you, employers in the US hold ALL the cards.

    But I have been discriminated against by being ordered to make up any time lost, and that means I cannot use personal time as all other employees do.
    It's not illegal discrimination to prohibit you from using your personal time. As cbg notes, unless you're being mistreated because you're a member of a legally protected class, your options are suck it up, or work elsewhere.

  7. #7
    Join Date
    Jul 2011
    Posts
    3

    Default Re: Had to Quit After 31 Yrs-Victim of Discrimination and Constant Hostile Verbal Abu

    Thank you all for clarifying what would constitute hostile work environment and discrimination. Your unput has helped me. I believe I did the correct thing to quit. Meanwhile, I am looking for another job as I work out my 30 days notice.
    I hope something turns up for me. Thanks again!

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