What is your reaction to this?

Discussion in 'Off-Topic Discussions' started by Abner, Jan 22, 2012.

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  1. Abner

    Abner Well-Known Member

    Being that I hear and deal with many of these cases, I have developed leather skin. I wanted to post this here to hear your reactions. The question is not whether this is true or not true, as this has been verified and witness statements have been obtained. The question is merely to know what the "lay" person reaction is to this. This is a real case by the way.

    Statement of Facts

    On 01/19/2012 at approximately 11 AM, as I returned from break, I was told by my Manager XXXXX XXXXX that she needs to have the front windows covered (W5, W4, and W3). I was scheduled to be at W5 but the chair is very low and it has become very uncomfortable for me as my pregnancy progresses. I asked XXXX if I may use one of the high chair windows. She told me I could ask my co-workers to switch with me and so I did.
    I relieved XXX XXXX to go to break and I took window 4 and my co-worker XXXXX XXXXX took window 5 in my stead. There were about 7-10 people in line. Since I’ve been pregnant, my body’s been forcing me to eat small meals during the day. My pregnancy is high risk so I have to make sure I do not skip my medication because it can lead to a miscarriage. My manager is well aware of the fact that I am diabetic, I have polycystic ovarian syndrome and have a high risk pregnancy. I have let her know in many occasions. Diabetics and high risk pregnant women need to eat every 2 hours or risk to go into diabetic shock or miscarry. I intended to eat a slice of an orange in order to take my prescription medicine.
    When I got back from break, obeying my Manager’s orders to switch my window to the front, I did not have time to go to my desk to leave the bag that contained my orange and pie, the glass of water and my medication, so I dropped the bag on the chair behind me, intending to clear the line and leave it at my desk at a later time. The chair was about 3 feet away from the front counter.
    I was busy with the customers but I was starting to feel very sick and nauseous from not eating, and not taking my medicine. I wanted to reach for the bag grab a slice of orange and take my medicine, afraid I was going to get sicker. As I turned around to grab it from the chair, the bag was gone.
    I started looking on my desk, on my co-workers’ desks, in trash cans, and it was nowhere in sight. I even went to look on XXXXX XXXX’s desk thinking maybe when I went to talk to her, I took it with me. It was not there either.
    I then started to ask my co-workers GXXXX JXXXX and XXXX XXXXX if they had taken my bag with the food. They said they had no idea where it was. I told them it was right behind me and it disappeared. I even asked them if they thought IXXXX GXXX took it before going to break, thinking it was his. Neither of us knew where it was for a matter of a few good minutes. That is when I heard CXXX CXXXX say to me from her desk in a very unkind tone: “You don’t need to worry about that, I took it, you worry about the customers”.
    I couldn’t understand how she let me search for so long and ask everyone, knowing all my medical conditions, and not say anything, but most of all I could not understand how someone can take my food without asking, so I answered: “I don’t appreciate you taking something from me without asking.”
    She then replied: “You can’t leave food at the counter”. I clarified to CXXXX “I left the bag on the chair behind me while I was at the counter; it was not at the counter”.
    She insisted it didn’t matter, to which I replied in shock:
    “This is the United States of America, taking someone’s property without asking is called theft. That is unacceptable.”
    My food was confiscated by my Manager. I felt like I was in 3rd grade. Incredibly humiliated and sick to my stomach from lack of nourishment that my baby needs so often, from the lack of respect that was shown to me when I was trying to just do my job.
    I continued to assist the long line of clients. My co-worker TXXX was able to come and help me with the line a few minutes later and we were working diligently to get the line down.
    When my colleagues RXXX JXXXX and IXXX GXXX came back, I briefly told RXXX my food was taken away from me and I need to eat and take my medication and he offered to relieve me so I can go retrieve my property from CXXX CXXXX..
    I politely went to CXXXX’s desk and asked her: “May I please have my food back, I need to have my medication”.
    The moment I said that, CXXXX said while suddenly standing up very agitated:
    “No, you may not! You’re going to have a meeting with me right now”.
    I told her, “Ok, let me have my food so I can take my medication and we can have the meeting”.
    She denied the request saying very loudly and demanding “No, we are going to have a meeting right now!”
    I became alarmed and scared and said loudly feeling in danger “I am feeling very sick CXXXX, I need to go to the bathroom, I can’t come right now”, she again said “No, you are coming with me right now”
    I then told her “I am feeling sick and if I have to I will speak to SXXXX, but I need to step away, I feel very sick” and I started walking towards the bathroom very fast…feeling like I was going to faint and vomit, shaking.
    As I exited through the doors that lead to the bathroom, I heard CXXXX say behind me
    “No, you are not going to speak to SXXXX, if you’re sick, go home”
    As I looked back, I was almost at the bathroom door and I see CXXXX chasing after me. I panicked, seeing the angry and vicious look on her face as she was coming for me, and I thought she was going to strike me, having had her threaten me in a meeting before. I was so scared for my baby’s life, I cannot afford to have a confrontation let alone be chased down and intimidated in such a manner in front of my colleagues and customers. Having dealt with CXXXXX’s anger before, when she got in my face about half a year ago in a meeting, I thought this time for sure she was going to hit me, so I turned back in the other direction and started running too, while yelling very distraught: “You are harassing me right now, please stop following me, you are scaring me!!!”
    I managed to punch in the code to the door and as I was running past my co-workers I loudly told them in a panic “You guys she is following me, she won’t stop following me”, and I ran upstairs to the Office Manager SXXX MXXXX, shaking, feeling completely embarrassed and humiliated, harassed and chased down by my Manager.
    I told the Office Manager, Mr. SXXXX everything, while I was trying not to let myself cry, not wanting to have this panic and scare I was feeling, affect my pregnancy. He kindly told me to go to the break room and told me he was going to retrieve my food and to calm down.
    I did as I was told and Mr. SXXXX brought my food, I told him I do not wish to go home, all I want is to eat and take my medication and go back to work, I just want to do my job.
    When I came downstairs, all my co-workers were shocked and could not believe how she chased me down and took my food. One of them even said “When I saw her chase after you I thought you guys were going to have a throw down”.
    The co-workers present were: RXXX JXXXX, IXXX GXXXX, TXXX Rxxxx and Gxxxx JXXXXX.

    XXXX XXXXX
     
  2. 03310151

    03310151 Active Member

    My reaction?

    It needs some paragraphs. TL;DR.
     
  3. Kizmet

    Kizmet Moderator

    Many people have issues.
     
  4. Abner

    Abner Well-Known Member

    Aside from the paragraphs thing. What is your first reaction. Are you ok with this kind of behavior? What if it was your wife or daughter? Is it ok for a manager to chase down a pregnant girl? Is it ok for a manager to endanger a workers health?

    I want people's first, honest, reactions to decide which way to tackle this.

    Abner
     
    Last edited by a moderator: Jan 23, 2012
  5. Maniac Craniac

    Maniac Craniac Moderator Staff Member

    Well, that's one side of the story.
     
  6. Randell1234

    Randell1234 Moderator

    No and it is not okay for people to use "pregnant" as a reason not to follow the rules of a work place. It sounds everyone has issues there. But as Maniac said, there is another side to the story.
     
  7. Kizmet

    Kizmet Moderator

    Abner - As long as your description might have been it's not long enough. There's obviously a history between these two women that is driving this whole incident. This didn't happen in a vacuum. There's a larger context of animosity between these two people. Why would the supervisor take such a harsh stance? Why would the employee not have already worked out a plan so that she could have those small, frequent meals? You need to decide if you're trying to solve the problem between these two people or if you're simply trying to decide who was right/wrong in this micro-situation.
     
  8. Abner

    Abner Well-Known Member


    I have checked it out thoroughly. The workers side checks out.

    But, ok.

    Abner
     
  9. Abner

    Abner Well-Known Member

    This is not my description. It is the workers statement.

    Abner
     
  10. Abner

    Abner Well-Known Member

    I am probably not making myself clear. This is a problematic sup, who has a history of innapropriate behavior. The worker did work out a plan with management, given they were informed of the workers health issues, a understandable conern. Once an employer is informed a workers health concerns, they are required to attempt to assuage the situation within reason. This was not done here.

    I am not trying to decide "simply" who is right or who is wrong. I have investigated, and the uinon attorneys have investigated. I know who is wrong, and it is not the worker.

    The reason I was asking for initial reactions was to determine if this shoud be handled via lawsuit, or grievance. Nothing more, nothing less. Of course, we all know workers complaints are frivolous. :evil: This is not directed towards you.

    And to those that think "pregnant" is not an excuse. Have you been pregnant? Believe it or not, there are instance where managment is wrong, or inept.

    Abner
     
    Last edited by a moderator: Jan 23, 2012
  11. Abner

    Abner Well-Known Member

    That's one point of view. Ok.

    Abner
     
  12. Abner

    Abner Well-Known Member

    Yes it is my young friend.

    Abner :smile:
     
  13. Kizmet

    Kizmet Moderator

    In both cases...is it a lawsuit or is it a greivance...isn't that a decision that the worker makes? If they file a lawsuit then it's a lawsuit, etc. Right?
     
  14. Abner

    Abner Well-Known Member

    Well of course. I have only been doing this for 20 years :smile: IF the worker decides to go either way, as a union rep, I must give her advice either way. I have seen the facts, and they are indicative of poor/abusive managment skills being employed. I guess the easiest thing would be for me to turn a blind eye, but that is not going to happen. Remember folks, this is a christian nation, abortion is wrong. So what must pregnant women do to cope in modern times? I guess the easiest thing would be to have a non-union shop and let her go after she is done with maternity?

    I think this thing has gone off track. Thank you all for you comments anyway.

    Thanks,

    Abner
     
    Last edited by a moderator: Jan 23, 2012
  15. major56

    major56 Active Member

    The complainant employee seems to use pregnancy as a justification for workplace behavior; furthermore, there is another version (manager’s) to this VERY long chronicle. (I’m not insinuating there is a more- or less-skewed side to the story … just an additional account). And if this is a FMLA-covered worksite and eligible employee; FMLA leave most likely can’t occur too early.

    Abner … has there been workplace incidents between these two previously (e.g., a history)?
     
  16. BobbyJim

    BobbyJim New Member

    Would you consider telling both parties that you are monitoring the situation, and if there is another infraction....a greivance and/or lawsuit will be filled?
     
  17. Bruce

    Bruce Moderator

    Having mediated thousands of disputes in my career, one immutable truth I've learned is that there are 2 sides to every story, and the truth usually lies somewhere in the middle.

    IMO, the proper venue for this is a workplace harassment complaint filed with the company's HR Department, not a courtroom.
     
  18. Abner

    Abner Well-Known Member


    Yes, the manager threatened said employee in front of numerous witnesses last year. This is mentioned in the statement. This in not just a spat "between two women", as some else put it.

    Abner
     
  19. DLer

    DLer New Member

    The person mentions coming off break at 11:00. The person mentions the need to eat/take her medication every two hours as justification for bending the rules to suit her particular situation (placing food in a customer area instead of at her desk). From all indications, it appears that this person came off break, waited on a handful of customers, then decided to take another break to grab something to eat. Did she eat and take her medication during her 11:00 break? If so then why is her eating and taking of medication an issue only a few minutes (certainly under 2 hours) later?
     
  20. 03310151

    03310151 Active Member

    Why is this manager still working there-if she's so bad? Because the Union won't allow her to be fired?

    You ask for first impressions then get mad when people don't see it your way, even mentioning abortion and Christianity? That's kind of weird.

    First impressions? Its two women cat fighting. Yep there is a history, sure someone will get the blame but you're trying to look objectively at a fluid situation that is more than just "she's taking to many breaks" and "I'm pregnant". You're trying to mediate emotion, but it sounds like you have already picked the winner. Do what costs the CA taxpayers the least amount of money and still solves the problem.

    Man I would not want your job. Good luck.
     

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