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Anyone work in HR or know workplace law (1 Viewer)

bleachercreacher

Footballguy
I wanted to post this here to see if anyone could give me advice on a situation we have been having at work. I work night shift in the lab of a South Carolina hospital. The issue is with our lead tech on night shift, we'll call him X. When I say lead tech, he has no real authority. His extra duties are to call someone when someone calls out, take any complaints to our supervisors if someone feels uncomfortable, settle a staff dispute, and to deal with angry nurses. Employee X has been involved in a lot of verbal disputes with coworkers in the past.

In August, our hours were cut to 70 a pay period and employee X took this really hard. This led to repeated outburst and tantrums. In October him, and employee Y, a female, got into an argument. Employee Y is second generation Italian, and a very straight forward about her thoughts, just like your stereotypical Italian female. He was offended about something she said, and he got in her face. He stepped a little too close, and she asked him to back up. Instead of backing up he leaned closer to her as he was yelling. X is about 6'0", 350 lbs and Y is about 5'2" 110. At this point, I had seen enough end went over and broke it up. There were 6 of us in the room at the time and X and I were the only males. He backed away from her, but proceeded to repeatedly threaten her with her job for getting in his face. 3 of us saw the whole thing, and heard most of the argument. All of our stories backed employee Y. He's delusional and thinks that the rest of us are out to get him. Both employees got a written warning.

From October to now, employee X has been involved in at least 3 arguments, always with a female employee. I had issues with him one night in December. He refused to treat me like he does the female coworkers, but when he gets angry it is very scary. So last Thursday night employee X and employee Y get into another argument. Again, I break it up, but I did not hear what was said. I told employee Y that I was switching her workstations. As we were switching employee X called public safety and very loudly tells them that employee Y hit him. Employee Y grabs her purse and slams the drawer that it was in, and heads to the other side of the room to work a different bench. When public safety arrives, employee X says that employee Y threw a stapler at him. There is a stapler lying behind our Chemistry automation line, too far away from the wall for it to have bounced off the wall like he suggested. For employee Y to have thrown the stapler, and from where it was laying, it would've had to have bounced off of a 60" LCD turnaround time monitor that we have. This was a metal stapler, and there was no damage to the monitor. A police report is filed, and both employees receive a 2 day suspension. Tomorrow night we continue working with employee X and Y together.

Human resources has been contacted, and we were told that both disciplinary decisions were actually suggested by HR. We were all asked to write a report on what happened, and I wrote that I have major concerns about violence from employee X. He has now threatened violence by getting in employee Y's face, and now lied about violence to try to get employee Y in trouble. Employee X is unstable, and definitely does not deal with anger in a healthy manor. He's very delusional when it comes to things. In general he acts like a 3 year old with the least bit of adversity. He's had conversations about going to the gun range, and honestly him bringing a gun to work is a concern of mine. I talked with 5 of my coworkers (3 on our shift and 2 lead techs on first shift) and everyone thinks employee X is unstable. I'm not taking up for employee Y either. They've had words at least 4 times now, and twice it's ended in a very unhealthy manor. I would have no problem with them both getting fired on the spot. So, what's our play here? I'm not sure if the best bet is to claim hostile work environment because everyone is scared of employee X is capable of, or try to file a workplace violence report. Let me know if you have any suggestions.

 
Document EVERYTHING with HR. Make sure they file a report. Get a copy of it if you can.

After X shows up with a gun, you don't want HR claiming that they had no idea that he was unstable.

 
Document EVERYTHING with HR. Make sure they file a report. Get a copy of it if you can.

After X shows up with a gun, you don't want HR claiming that they had no idea that he was unstable.
I've sent an email to my boss anytime he's done anything remotely wrong. I generally hate emails, but I wanted something that I can show HR down the road (like now). I did tell my wife about it so she can use them an any potential lawsuit though. I'm scheduling a meeting with HR. I'll print the emails, but I didn't what the best way to go about talking to HR was.

 
It sounds like you're doing pretty much everything that CAN be done at this point.

I must admit that once I read about the stapler trajectory theory, the first thing I thought was "that is one magic loogie!"

 
What's stopping the hospital from getting rid of him? He looks like trouble, and they don't need that. He would be gone, in my organization.

 
If the arguments are as loud and heated as you say, just sit back and record the altercation on your phone. Sounds like seeing it live is more than documenting it in paper. But any superior that is "getting in the face" of its employees has some serious anger and power issues.

 
So, what's our play here? I'm not sure if the best bet is to claim hostile work environment because everyone is scared of employee X is capable of,
"Hostile work environment" is a legal term referring to a form of employment discrimination. The guy's behavior could be construed as a form of hostile work environment harassment if he is only exhibiting this hostile behavior to female employees/subordinates. You could report him for that. It's not just a personal problem between X and Y. It's the abusive manner in which X treats women in the workplace. That may get HR's attention and push them toward termination.

or try to file a workplace violence report. Let me know if you have any suggestions.
Take a look at your workplace violence policy. While not technically "violence," his hostile, aggressive, intimidating and menacing behavior may nevertheless be violative of the company's workplace violence policy. Either way, you should report your concerns over the safety of the workplace (or lack thereof). Put it in writing.

 
So, what's our play here? I'm not sure if the best bet is to claim hostile work environment because everyone is scared of employee X is capable of,
"Hostile work environment" is a legal term referring to a form of employment discrimination. The guy's behavior could be construed as a form of hostile work environment harassment if he is only exhibiting this hostile behavior to female employees/subordinates. You could report him for that. It's not just a personal problem between X and Y. It's the abusive manner in which X treats women in the workplace. That may get HR's attention and push them toward termination.

or try to file a workplace violence report. Let me know if you have any suggestions.
Take a look at your workplace violence policy. While not technically "violence," his hostile, aggressive, intimidating and menacing behavior may nevertheless be violative of the company's workplace violence policy. Either way, you should report your concerns over the safety of the workplace (or lack thereof). Put it in writing.
Ok, thanks for the advice. We have a zero tolerance workplace violence policy. Going by the policy he should've been fired in October, if not before. Heck, showing signs of hard breathing, turning red, and profane speech is enough to get you fired under our policy. Our problem is that HR seems to do whatever they want and not follow their own policies.

 
Record the next confrontation on your phone, anonymously upload to YouTube, then post to Reddit. That should force some action.

*if they found out it was you that uploaded it, you'd probably get fired, so there's that ad a downside.

 

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