Hostile work environment, retaliation. TN

E

Eph512mom

New Member
Jurisdiction
Tennessee
I started a new job a couple of weeks ago at a restaurant. During my interview it was implied that some of the people that work at the restaurant are rather abrasive or difficult to deal with. One of the people I've had several contentious interactions with both in my training and my first few days working. All of the initial interactions I did not defend myself or argue or anything like that. I had just kept management up to date on some of those things. That ended a few days ago when we work together and had several interactions that were progressively more hostile. I finally stood up for myself and the conversation escalated to this person threatening me with physical violence. All of the managers that work in this location were present and heard these threats. In an unbelievably shocking kind of events, this person was not immediately fired. After the managers separated the two of us and I continue to discuss the situation that led to this altercation I was clear that I wanted to file a formal complaint against her and that I intended to file a police report. My manager is a kind-hearted woman but she has clearly never been trained on how to handle such of HR related issues. She immediately followed when if that if we had either any more conflicts between us we would both be fired and she implied that she would take it personally if I filed a report with HR and then I would not be filing a police report. Later we all sat down to have a chit chat and discuss the misunderstandings that led to the altercation etc. This person I believe was put on a write-up as was I from this incident, but they have been allowed to continue working at the restaurant. We had work together twice since that day and one day we didn't say a word to each other at all day long but true to abuse cycle patterns, that did not last. This person is still working here and allowed to be hostile towards me with a continued pattern of progressive contention. I have not engaged her in simply just been reporting all of these interactions to the managers but I don't believe that they are taking it seriously. I'm also documenting as many of the interactions as I can remember at the end of my shift.

My question is should I do anything differently than just continuing to document these interactions? If I get fired for a conflict from someone that's already proven that they are willing to threaten me with physical violence, and this person does actually do anything when the company be liable for that? For allowing them to continue? I am really tired of people playing with my life.

I am extremely uncomfortable working with someone who has behaved this way openly towards me with hostility and threats. What are my realistic options to pursue if this continues?
 
Frankly, it sounds to me as if you participated in this particular incident just as much as the other person (except, maybe, you stopped short of threats).
 
Just as an FYI, there are no circumstances whatsoever under which an employer is required to fire someone. What's more, the term, Hostile Work Environment, has a very specific meaning under the law and what you have described does not meet the definition. It's possible that if you were more specific about what the other person said to you, that might change but that's by no means certain.

You've been there two weeks and you're already trying to make policy? Not a smart idea. It's not up to you whether she gets fired or not or who gets written up or how the employer disciplines either of you. Frankly, I'd have fired both of you and been done with it.

Your mistake was in allowing yourself to be talked out of going to HR. Do it now. Continue your documentations, but you're just as much at fault here as they are.

The employer has no liability unless the other person ACTUALLY commits physical violence and even then, the specific facts would matter.

Your options? Sounds to me as if you might want to try finding another job. You don't seem to be a good fit for this one.
 
I have now had several additional hostile interactions with this person, and had a conflict with another person today that resulted in a physical assault (from the third person) and a death threat (shooting gesture) from the original person my post is about. The physical contact was an aggressive I don't know what it's called, like a shoulder bump. Knocked me a few step back, but not to the floor. That was after a squabble over her stealing one of my tables (she did the same thing yesterday and I didn't say anything, but today I did) and I think that incited the original person this post was about to jump on the bandwagon and resume hostilities. I reported it immediately. We have been getting along lately, but she pops her ugly-head out every now and then and has to be "reminded" by the manager how to act. I have been documenting these but haven't talked to HR because I'm concerned that I'll either lose my job or things will just get worse. Anyways.. after the adrenaline wore off today, I started getting dizzy and faint and had to leave halfway through shift, about 11:45, both the server that tried to knock me down and the host that made a shooting gesture were still there.
 
cbg said:
Just as an FYI, there are no circumstances whatsoever under which an employer is required to fire someone. What's more, the term, Hostile Work Environment, has a very specific meaning under the law and what you have described does not meet the definition. It's possible that if you were more specific about what the other person said to you, that might change but that's by no means certain.

You've been there two weeks and you're already trying to make policy? Not a smart idea. It's not up to you whether she gets fired or not or who gets written up or how the employer disciplines either of you. Frankly, I'd have fired both of you and been done with it.

Your mistake was in allowing yourself to be talked out of going to HR. Do it now. Continue your documentations, but you're just as much at fault here as they are.

The employer has no liability unless the other person ACTUALLY commits physical violence and even then, the specific facts would matter.

Your options? Sounds to me as if you might want to try finding another job. You don't seem to be a good fit for this one.
Click to expand...
I've been doing some research on legal protections and remedies. Retention of a dangerous employee seems like the best fit? If I were to be fired. I have now sustained damages due to the employee in question, and that person by the way has a long rap sheet of violence.
 
Eph512mom said:
I've been doing some research on legal protections and remedies. Retention of a dangerous employee seems like the best fit? If I were to be fired. I have now sustained damages due to the employee in question, and that person by the way has a long rap sheet of violence.
Click to expand...

You don't want to report to HR.
You don't want to report to police about the assault.
You just want to come here and complain.
I can't imagine that any comments here will be of any real help to you.
Consult an attorney.
 

Ask a Question

Click to ask a question

Share this page

Back
Top