Recently I called HR about my supervisor not handling a hostile situation in my office. My assistant manager yelled at me in front of others in my office (I'm the Manager). We both called our supervisor to handle the situation and she told me this was a waste of her time and highschool "BS". So I called HR because the situation was not addressed, then she was required to address the situation. 10 days later she flew to my office unnannounced to write me up for frivilous things and I sent in a 4 page response to her & HR stating that it was retaliation b/c I called HR on her and that she's trying to get me terminated. HR told me that they were confident that it was not retaliation and that the write up was given to help me not get rid of me. The next day my job was in the newspaper & the internet. I'm also 6 months pregnant and I know she wants me gone. She asks me to do things no other managers are required to do. Is there anything I can do? It was not personal bickering. The assistant manager starting yelling at me because I asked why she wasn't doing something that was a really important part of her job. Nothing personal about it. First - I'm going to upset you by suggesting that people that are pregnant may be going through hormonal changes. It is generally considered unprofessional to "go hostile" in the business world, and it is quite possible that both you and your angry colleague should both be terminated.
I can tell you that if I had two bickering employees that could not get along - I would be very careful in thinking that I was being set up for a lawsuit by allowing/encouraging a hostile work environment. Employees can be easily replaced, allowing a little time for training, but lawsuits are costly and need to be avoided. That is how employers think.
Obviously, your supervisor thought that the situation was quite high school. Worse, you then confirmed high schoolish behavior by going over your supervisor's head. This is fine for when a crime is being committed or when someone's life or health is on the line - but you don't buck your boss unless there's a very serious and darn good reason to do so.
The fact that your job position is being offered on the internet is a pretty good sign that your company is doing something smart. They will probably advise a new employee that they are "temporarily" hiring him/her for while you are out on maternity leave. They cannot fire you at that time because they'd be violating certain laws. However, once you either do not return by the appointed time, or voluntarily realize that your newborn baby needs you at home - they will be wise for having found a replacement for you.
Good luck. I'm sorry this situation is not the best - but look at the bright side: You'll will be the boss at your new job - Domestic Manager. No.
Next time around, learn to keep your personal bickering to a minimum, for the betterment of the company. You have the right to call HR in a hostile situation if your Supervisor allows it to continue. your rights will depend on where you live - im assuming its the US - in which case, get yourself a lawyer because you dotn have that many rights... You could build a time machine and go back in time. Other than that you better start applying for new jobs. Maybe your job is in the paper because they need someone to cover while you are out on maternity leave...? First, keep a diary of everything that has or will happen. Get copies of anything in your personnel file that you have signed.
Next, tell your HR person that you intend on filing a discrimination and retaliation claim under the Civil Rights Act of 1991 for sexual discrimination and "hostile work environment."
Then, contact the EEOC (www.eeoc.gov) and file a claim. Depending on what state you are in, you may want to contact and file a claim with your state labor commissioner as well.
This should at least put the brakes on everything while your supervisor's actions against you are sorted out. You may still end up losing your job, but you should get all of the due process required by law. You had a perfect right to call HR. I know one is supposed to go through lines of organizations, but, if your immediate supervisor was the "problem", then you have a right to go to the next step - which I am assuming - HR!! I have no idea what started this verbal "fight", but both of you were wrong, yelling at each other in front of the whole office! If you guys had a "beef" you should have gone to a quiet room and hashed it out there!! Now you both look like jackasses! How do you suppose the rest of the employees are going respect either one of you for having this cat fight!!?
IF you DO get fired, you had better hang on to any paperwork you sent to HR about this situation, but, if your contact with HR was all verbal, it will be their word against yours when asking for unemployment!! From a practical perspective, unless you have other financial resources on which you can support yourself in the short term, you should focus your energy on making this job situation better, even if it means humbling yourself. Alternatively, you should focus on finding another job, but I'd make this second choice because even though it's illegal to not hire someone because they are pregnant, the fact is that it is more difficult to get hired when employers know you are pregnant. I guess you have to ask yourself, what's your objective. Do you want "justice" or do you want to know that you have a source of income during this period in your life?
Also, unless there are other facts which you didn't include, it's highly unlikely that your job will be protected under the law. It is very hard to win cases based on claims of discrimination (related to being pregnant) and hostile work environment (based on being yelled at by your subordinate), or reprisal (retaliation for going to HR.) You will have to prove there was an extreme incident or else a pattern of incidents, just to demonstrate your case meets the legal criteria for these claims
Then, even if you meet the criteria, if your employer can provide a somewhat believable explanation for their action (or inaction), even demnstrates "fault" on their part but not discriminatory or hostile workplace, then in the eyes of most courts and the EEOC, you lose. And, of course, even if you have a strong case, it takes a long time and can be costly to get through the legal process.
The other thing is that what is striking about your case, if I read your comments correctly, is that you are the supervisor of the person who is "hostile." Of course there are cases in which subordinates are found to have cause a workplace to be hostile for the supervisor. However, it's a more difficult set of facts to win with, because the company is going to argue that it took steps to address the issue by providing you with feedback to help strengthen your supervisory skills, so that in the future you manage the situation in a way that prevents it from escalating in the presence of other staff. For instance, when an employee becomes explosive, priority #1 is to de-escalate the situation, even if that means walking away. And finding a way to get the person behind closed doors until the situation can be de-escalated. Or, at the least, getting another member of the management team to join you so that you can "tag team" the situation to minimize it's impact on others in the work environment.
So, if you're willing to eat a little "humble pie" and you want to save your job, go to both your supervisor and HR and ask them if there are training programs you can attend to help develop your technique for dealing with volatile supervisees. And, maybe acknowledge to your supervisor that, with a little distance from the situation, you recognize that you need to have the skill to deal with those situations effectively vs. going to your supervisor and expecting that person to fix the situation. And ask your supervisor for help in developing your skills in that area. Get ask much of this communication documented either in office memos or in email, and keep copies so that every stage is documented. GOOD LUCK! First of all, my caveat: I'm answering your question by using Singapore law. I'm sure if you live somewhere else, then the laws that apply there are basically similar in principle, but some details might be different of course, in which case, please do check up on your local laws that deal with employment.
Frankly, I don't believe you're going to be fired for such a trivial reason. Anyway, if you want the law on this issue, it'll probably be in the Employment Act.
Essentially, if you're an "employee" within the definition of the Act, then the contract of employment between you and your employer (the company you work for) CANNOT be terminated if you are on maternity leave (you're entitled to 8 weeks of paid maternity leave by law).
Your employment contract also cannot be terminated without giving the minimum statutory period of notice or paying salary in lieu of notice. (The minimum period ranges from 1 day if the employee has been employed for less than 26 weeks to 4 weeks if you have been employed for 5 years or more.)
I think in your situation, on the facts as you have stated in your question, there seems no reason why you should be fired. The response you had to write in reply to your supervisor's complaint is normal procedure that gives you a chance to provide your side of the situation, so don't be alarmed that you had to write and submit that response.
I would, however, advise you to read up on your employment contract. You probably received a copy of it when you first started working for them, after signing the employment contract. Otherwise, you can always ask HR for a copy of the contract. You should read the part regarding termination of employment and the stated instances when the company is entitled to terminate your employment, and see if there's anything you might have done that might fall within those instances.
Also read up on the part in the employment contract that concerns your job scope, just to make sure that your supervisor asked you to do something that was not in your contract. If she did ask you to do something that wasn't in your contract, then you have a right not to do it and to make a complaint to HR regarding this matter. I don't know if you can get a copy of your supervisor's employment contract, but you can, then it would be good to look at her job scope and see if it includes her being required to resolve the situation between you and your assistant manager. If she was, then she's in breach of her terms of employment and you have a valid reason to report her to HR for this.
Otherwise, if you are a member of any union, then you can ask the union to advice you on your situation if you think there's a real possibility that your employment contract might be terminated.
I hope this answer helped. I wish you all the best. |
