Re: Hostile Work Enviroment/Violence in the Workplace

Dear Anne:

It is not unusual for administrative personnel to ignore such problems and to pretend that they will just go away. The first thing that you need to do is document every occurence of such hostilities. This should be done in two ways.

Number one is that you should sit down with a calender and try to remember each occurence and what was said in relation to a date. If you can't remember the exact date, on or about will be sufficient. Write these incidents down quoting what was said to you and a description of the circumstances surrounding the conversation. Also write down the dates of conversations with administrators, supervisors, and union officials in the same mannor. From this point forward keep a running log of all incidents and conversations related to this issue despite how meaningless or trivial they may seem at the time. Writing these incidents down and being able to produce accurate records lends credibility to your complaint and makes any action taken and the remedies included very precise. Courts despise vagueness and ambiguity.

Number two is that you need to make sure that any complaint that you make is officially lodged. While the mere fact that officials know of the behavior and take no action increases their culpability, the point can be driven home by official records that substantiate your "logged" information. Always obtain a copy of your complaint when filing one so that it can't "disappear".

You also need to obtain copies of all rules and regulations whether in policy or contractual form that deal with this type of behavior and what remedies are required under such regulations. You must make sure that you attempt to follow the proper "chain of command" when lodging a complaint. One of the components that the courts look at very seriously is whether a complainant "attempted all avenues of pursuit" when seeking to rectify the situation.

The foremost consideration is your personal safety. If you feel that the actions of this person pose a physical threat, you need to talk to your local prosecutor's office. Criminal prosecution is a consideration in addition to any civil remedy if you choose pursue one.

California is a very legally progressive state and I am sure that there are local statutory provisions that could be considered in the situations where a threat is transmitted and it would be reasonable to believe that the threat could be carried out.

It is unfortunate that there are those who are afraid of retaliation though understandable. I think that if a substantial number of teachers would stand together the administration would reconsider its position. It would definately be in your best interest to consult an attorney locally as to your options. Given proper documentation of the facts you may have a very good case if you choose to pursue it. Considering your tenure, your concerns should be reviewed by the powers at be with definite concern and not with a trivial attitude.

I hope that this information is helpful. No one should have to endure harrassment in the work place. The work place environment should cultivate creativeness and a feeling of safety from sources of violence.

Good Luck....
B.

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Comments:

: Dear Anne:

: It is not unusual for administrative personnel to ignore such problems and to pretend that they will just go away. The first thing that you need to do is document every occurence of such hostilities. This should be done in two ways.

: Number one is that you should sit down with a calender and try to remember each occurence and what was said in relation to a date. If you can't remember the exact date, on or about will be sufficient. Write these incidents down quoting what was said to you and a description of the circumstances surrounding the conversation. Also write down the dates of conversations with administrators, supervisors, and union officials in the same mannor. From this point forward keep a running log of all incidents and conversations related to this issue despite how meaningless or trivial they may seem at the time. Writing these incidents down and being able to produce accurate records lends credibility to your complaint and makes any action taken and the remedies included very precise. Courts despise vagueness and ambiguity.

: Number two is that you need to make sure that any complaint that you make is officially lodged. While the mere fact that officials know of the behavior and take no action increases their culpability, the point can be driven home by official records that substantiate your "logged" information. Always obtain a copy of your complaint when filing one so that it can't "disappear".

: You also need to obtain copies of all rules and regulations whether in policy or contractual form that deal with this type of behavior and what remedies are required under such regulations. You must make sure that you attempt to follow the proper "chain of command" when lodging a complaint. One of the components that the courts look at very seriously is whether a complainant "attempted all avenues of pursuit" when seeking to rectify the situation.

: The foremost consideration is your personal safety. If you feel that the actions of this person pose a physical threat, you need to talk to your local prosecutor's office. Criminal prosecution is a consideration in addition to any civil remedy if you choose pursue one.

: California is a very legally progressive state and I am sure that there are local statutory provisions that could be considered in the situations where a threat is transmitted and it would be reasonable to believe that the threat could be carried out.

: It is unfortunate that there are those who are afraid of retaliation though understandable. I think that if a substantial number of teachers would stand together the administration would reconsider its position. It would definately be in your best interest to consult an attorney locally as to your options. Given proper documentation of the facts you may have a very good case if you choose to pursue it. Considering your tenure, your concerns should be reviewed by the powers at be with definite concern and not with a trivial attitude.

: I hope that this information is helpful. No one should have to endure harrassment in the work place. The work place environment should cultivate creativeness and a feeling of safety from sources of violence.

: Good Luck....
: B.