employee theft, threat

[Skeeter6501]

My jurisdiction is: Florida

While I reported a superior for grabbing me(witnessed by coworker) to the facility owner. In response both men said I could be charged with Theft if there was any non work related things on my work computer or if I contacted ANY vendors while on company time for my personal usage. I was given the next 2 days off paid to calm down because I was upset. The day I returned I was placed on a reduced working hours on a as needed basis. My family and coworker who saw this say I should report this to the local police as battery. I am afraid because he threatened me with theft. Can I be charged with theft? I am very frightened to work with him now. This also limits my unemployment dollar amount because he said I will be called on a per diem basis . This is our busiest time of year, I dont understand.

 

[jacksgal]

You have seperate issues here. If there was an assault and your witinesses are willing to give statements you coud file assault charges. Now this can cause a very unpleasant work enviroment but you do have right not to be assaulted. You coud also file a complaint within your Company's HR for the assault.

Now your other issue. If you do indeed have information you should not on your personal PC or anywhere other than work related locations this "could" be thought of as theft and you "could" be fired. Being fired for suspected theft will make collect UI Benefits very tough.

 

[Skeeter6501]

Our HR /Administrator walked off the job last summer and was not replaced, so I have no where to complain except to the 2 owners, one of which was the one who grabbed me and the other stated it was a friendly action accepted in his country. As for the computer our HR manual states "Computers, computer files, the email system and software furnished to employees are "our Company Name" property intended for business use." Therefore his threat of theft is ment to prevent me from filing charges. This man openly(as in the open office area) scolds with anger employees including management personnel. He has not infringed on our civil rights and since Florida is an "at will" state we( the verbally & openly scolded employees)have no grounds for hostile working conditions. Legally, if I want my family to still live in our home, I must submit to his per deim work hours, if any.....?

 

[cbg]

Well, in actual fact, no one in any state has grounds to complain about "hostile working condition" in the manner you mean. A "hostile work environment" has a very specific meaning under the law and what you are describing does not meet the definition. Unless you are being subjected to either sexual harassment or illegal discrimination under Title VII and related laws (race, religion, national origin etc.) then you are not in a hostile work environment under the law, no matter how unpleasant your working conditions may be. No one promised you a pleasant working environment and no one promised you that your employers couldn't be jerks. That is true in all 50 states, not just Florida.

The chances that either the police or the DA would charge you with theft under the circumstances you describe are so slim as to be practically non-existant. Just because he claims he will charge you with theft doesn't mean that any law enforcement agency will agree to do so.

You do realize that you can file a complaint with the US DOL if you are not being paid properly, right? Or that you can file in small claims court? You're not as helpless as all that just because your state was stupid enough to do away with its DOL.

 

[Skeeter6501]

I am amazed by your information! When is it too late to file a report with the police? This happened 2-27-09. Finally, just today, Sunday, we had two people not show up for work. The Doctor who grabbed me and put me on a per diem basis Friday, was the only one who showed up to work. One co worker was called and left a message that said "no one showed up for work this morning, can you come into work..." She did not return the message, she is the one who wittnessed the incident and wants to quit but can not afford to do so and will not work extra for him. I never recieved a call for work! I was the manager, I called the other staff person who was to work and she advised me she quit because of what he is doing to everyone. If there was a spot to be filled ,what is the guidline for him to use me per diem?

 

[cbg]

Only the police can tell you whether they will or will not take a complaint two weeks after the fact.

Regardless of how you are paid, in the absence of a legally binding contract that specifically says otherwise they are not obligated to call you into work if they choose not to.