Message: 1 Jennifer, can you elaborate please? I’ve worked in healthy workplaces in the past. While employees’ input was valued in a meaningful way (as opposed to inviting it and handing out cheap rewards like doggy biscuits occasionally to those management decided had merit), somebody was still in charge. I’m confused by your statement. CL Queste, I think it is his responsibility because it is his clinic and dysfunction runs from the top down in my opinion.

Agreed. Bullying thrives in an authoritarian top down management style. Most targets work comfortably in a collaborative setting. Collaboration works best with a bottom up approach. Jennifer Message: 2

Sue, I don’t know of any stories like that, but I’m sure they must exist. It seems this is the type of thing worth lobbying government about in an effort to make it illegal. I have no experience in that sort of thing. Does anyone have any ideas? CL Feisty; Genuardi, Reenie; SwanRose; The porch; O Dell, Karen; Field, Tim; Hollands, Judith I have been writing you all about the waiver/release of responsibility that a potential employer assumed I would sign since it was w/the application on the day of the interview. I was given a lot of wonderful advice/suggestions from all of you-about how these are used to get info from present employers because they waive my legal right to prosecute if that employer makes defamatory statements about me AND more importantly—it completely supercedes the rule employers must follow limiting their comments to dates of employement and acknowledgement of employment. Well, I just came from the hairdresser, and he told me one of his customers just went through this within the last 2 weeks, and she SIGNED THE WAIVER….GUESS WHAT? THAT waiver form was FAXED to her present employer by the time she returned to the office from the interview. He didn’t say if she lost her job, but I’m sure it’s a possibility. This is a powder-keg for us. This is such a breach of our privacy rights, and borders on emotional blackmail. I was under the impression these were used AFTER the new employer HIRED the person, but I’m wrong… Does anyone know of cases where this has caused loss of employment or any other problems in the workplace? Please give me your input. I am appalled at this practice. Sue Message: 3 Susan, I wrote an email to the address you provided. Yet it was returned. Maybe you can provide me with the resource and I will try to find this person.

I’ve just verified the address as: My letter was intended to expand bullying from children to adults. It will be a real eye-opener for the audience, as well as giving some rehumanization to the news media. Excellent. Oprah did a show on this a few years ago, yet it wasn’t enough. I am determined to get it through on TV, ie. bullying in the workplace. You go girl!!! I have the people and their stories. I’m sure there are Ninevites willing to share as well. Also, I know of others.

So, if you can provide me with the resource of where to write I would be most grateful. See above. Jennifer Message: 4 Julie, I’m confused. What do you mean by bribe? I see it as more of a punishment. There was nothing negative in my file until I filed a grievance about someone else’s behavior. When I did that, they dug back to a time before my last satisfactory review and wrote me up for falling behind (when I had had valid reason for doing so and it’s common knowledge we all fall behind from time to time anyhow and also without the required “informal counseling” preceding this written reprimand). The union rep, the union steward and one other person have suggested it be removed as part of the resolution of my initial grievance. That request has been stone walled. They won’t consider it or even look into it (just as they did with the behavior prompting my grievance). I’ve offered that I will let things go if they remove it because I want to continue working there and I don’t like being an enemy of management. I suppose it could be a bribe on my part, since I could be suing for emotional damages and notifying the authorities of the danger they put the public in when they mishandled things in my absence. Is that what you meant? I am just getting to the point of making those other possibilities clear to them because I am fed up with not being heard or taken seriously after years of dedicated service to them. I would really like your input, so I am going to answer your questions individually below. What blows my mind most is that the rep has moved other grievances to arbitration recently, and most or all of them were filed after my initial grievance. One of them was on behalf of an employee who needed to hit bottom and probably deserved to be disciplined. Fortunately for her, she screwed up and got arrested recently, so she will be facing consequences and hopefully will be readily accepting help to change her lifestyle. Why would the rep just sit on mine for so long when management has obstinately refused to consider treating mine fairly? I didn’t drop my grievance(s). I don’t think the union can drop me for trying to talk with management directly, can they? Civil Rights openly offers that it’s a good thing if I can work this out without them. Are unions’ policies different on that? I did go to the director for help. I’m regretting having done so, except that it makes it just that much more clear that management is unwilling to consider all the facts. I heard back from administration yesterday that the director told the deputy director to look into it and get back to me. He is going to be gone until week after next, so all of it will be delayed. Plus, I heard that the deputy director is part of the reason for the antagonistic split between employees and supervision. I told the secretary who called that I am not going to object to the deputy director looking into it, but I have reservations about trusting him to handle investigating things. I also told her that he doesn’t have all the facts and I was hoping to meet with someone and have a dialogue about everything, rather than someone “looking into” things without all of the facts or issues at hand. There was only one sign that perhaps there will be a positive result of this. There was a lunch time get together in which the director eats lunch with staff and staff are allowed to ask questions yesterday. The union steward attended it. The deputy director showed toward the end. When the steward was leaving, he went to shake hands with the deputy director. Everyone was watching. It should have been a display of cooperative attitude between staff and administration. Instead, when the steward held his hand out, the deputy director turned red in the face and said to him (where the director and other staff could hear and see it), “Don’t piss me off!” In the past, the deputy director and the steward would exchange snide cordialness when they ran into each other. I believe this was the first demonstration of open hostility. There could be a number of reasons for what happened, but I wonder if maybe the director kind of got on the deputy director for choosing not to watch what was happening in my case closer? I had met with deputy director at his request very early on and had presented my concerns about the rumors that I was going to be disciplined after filing a grievance. He had refused to consider that the discipline was retaliatory and had take a hands off approach to the whole thing. I had explained this to the secretary when I first requested the meeting with the director. Even if this is why he was so very angry yesterday, I don’t think it bodes well for him to be left in charge of checking things out. On the other hand, perhaps handing it off to the deputy director was the director’s way of giving the guy a second chance to handle things right, so he is under pressure to be especially carefully impartial? I’m feeling down today about it all. I spoke yesterday with a female administrator who had seemed supportive at one time. She implied that I was being the bully in this by not letting things go and leaving the paper in my file. She said I should think about my long term future. Things didn’t get nasty, but it was not a supportive exchange. I’m feeling even more a fool for thinking anyone in management would understand how they added insult to injury in numerous ways and that the one way they can help correct the insulting treatment is to remove that paper. I’m still shocked that they are so quick to discount and harm me without investigation into the facts, especially when drunks and addicts and crazy people stay on for entire careers at the place. They were promoting me faster than I wanted. I haven ‘t changed. I was wrongfully attacked by my supervisor and they are punishing me for it. Suddenly, I’m a troublemaker. I have specifically tried to minimize the impact of my situation while still standing up for my personal safety. If I were a troublemaker, they would be feeling a lot more impact from the outside by now. I would think they would recognize the generosity on my part, but they don’t. You wrote: CL-obviously the removal of the document is a bribe. but, why do they want you out? if it’s a class action, you are part of it anyway. am i missing something? my instinct is to stay resolute and not back down on anything. i would keep all my balls in the air, and let it play out. are you familiar with “the whistle blowers act”? it clearly states that it is against the law to retaliate against an employee who has reported an illegal or unsafe workplace condition, (i am paraphrasing here)< I have not withdrawn any complaints or grievances at this point. I've been butting heads with the rep, though, who wants me to. He isn't giving me a straight answer for why he wants that and my steward says my case is very strong (and apparently Civil Rights sees it that way also or they wouldn't be involved). That's why I don't trust the rep's motives. I have openly told administration that I believe the union's presence has just made things worse because there is a lack of assertive (as opposed to aggressive or passive) representation. I hope they can't force termination of my grievances based on my expression of opinion. Wouldn't that fall under free speech laws? I asked the steward why he was checking into separating my second grievance from the class action. I said I expected my situation should count as evidence to that grievance, even if it is resolved. He said he would be checking into that possibility. i think that the notion of dealing directly with the administration is wishful thinking, unless your bully has absolutely no track record and this issue is brand new to them, but i doubt it.< The supervisor that acted inappropriately had no track record. That's why I felt it was so important to document the complaint, even if it didn't result in action against him. The general practice by our direct administrators of punishing employees who file grievances is well known. The director has allegedly repaired things when a similar thing happened to a coworker years ago, so he has a track record as far as that goes. Unfortunately, it looks like your skepticism is correct. (see above)

how long have you been at your present job? <

6 years. My supervisor has been with our employer much longer than that, but has only been a supervisor for three years (and I heard he wasn’t very good supervising the unit he was first assigned to, but more for reasons of incompetence than bullying/harassment). has he/she done this before? < not to my knowledge, expect shaking a fist at a female peer a few years ago during a mutual argument-very different circumstances and more understandable than what he did with me was it reported?< no, but it was witnessed by others was it investigated? < no i understand how you feel, I am basically in the same boat. i don't entirely trust the union, but if i have to pick sides, i'm going union.< Understood. It sounds like your union is more effective than ours though.

if your union gets wind that you are siding with the administration, they may drop you like a hot potato < I hope not. I haven't sided with anyone at this point, but I am questioning my loyalties. I've been paying big bucks for their representation for years and am just utilizing it now for the first time. How can they dump me? I am paying for their services. (you dumped them, they are in the clear < But I didn't. I just chose to go to administration directly and offer them the opportunity to set the record straight themselves before we end up in court. In spite of my irritation with the union's failure to move along with my case, I am also continuing to offer to testify on behalf of the union in regards to the class action thing. How can they say I dumped them? Is that legal? (they don't have to worry about charges you could bring against them for inadequate representation) < Why not? I don't understand. and, after all, they have plenty of other dicey workplaces to go to. <

???? Mine is one of many grievances emanating from the same workplace. now you’re back dealing with the upstairs bully boys/women who possibly ignored it all in the first place with a burned bridge behind you.< I haven't burned it yet, have I? Relations may be strained, but they should expect that by now with the way their own contract guidelines haven't been followed. Once I do sue them or dump them or cancel my membership, then I can see how the bridge is burned, but that hasn't happened yet.

no doubt, they are all negotiating with each other without you< Big time! My rep says he has spoken with them repeatedly, but I have received no concrete reason for not moving forward. All the rep keeps saying is that they won't remove the paper form my file. Sometimes he gets nasty and says there is proof this is retaliatory. If there isn't reason to treat it as such, why did Civil Rights take it on? I think this rep is in management's pocket. He seems much more eager to move on with superfluous grievances than with mine. It doesn't make sense. ? but my advise is to not to take the bribe, unless you feel that this is all you are going to get out of this, and are satisfied with that. it's your choice. no one dared to put anything in my file so i don't really know how that feels, but i can imagine.< Because it's the only tangible damage done (other than emotional, which is hard to prove and embarrassing to take on), I believe that is as much as I can expect. It's the only thing standing in the way of resolving my grievance and the only reason Civil Rights is still involved now that they finally (if delinquently) moved me to another staff. You are lucky. It hurts a great deal to have that there. I'm one of those straight "A" student types. I took more responsibility for falling behind (last year already???) than I even should have, but I just hate being less than perfect. At the time of my review last spring, I was beating myself up for it, but my supervisor was saying it happens and was looking forward to me getting back on track after my surgery. Because he lost control of himself, I never was afforded that opportunity. I realize now that I have been given all my old work back (which is unprecedented), that there was more to it even than my physical state. It was the nature of the things I was working on at the time that caused the overdue deadlines. The staff that usually handle the type of work I was being given at the time aren't even held to deadlines because it's impossible. Everybody knows that everyone falls behind from time to time anyhow, and there are men who are chronically delinquent who haven't been held responsible at all. I can't possibly call it fair to put a negative slip in my file, unless they also write up everyone else who has fallen behind in the last year and they do so without following the proper procedural steps. I can't access others' stats to prove the discrepancy on my own, but I know the evidence is there, and the union and Civil Rights should be able to get those records. I keep pointing out to administration that if I am truly incompetent, they will find ample opportunity to go after me without that slip, but the slip says I have to meet policy 100 %or be disciplined. I maintain, though I have been told I can argue the merits of it at that point, that it holds me to a higher standard than my coworkers and the reason it's there is it was the only way they could punish me that I can't fight (because it isn't considered "discipline" by the union-it's pre-discipline). If they had outright disciplined me, as they originally promised, I would have fought it and won, hands down. I'm convinced that, the next time I miss a deadline (as will happen because it happens all the time to everyone), they are going to go after me as harshly as they think they can get away with. If I allow the retaliatory pre-discipline to stay, they will go after me harsher than if I fought it and won. Better yet than fighting it and winning through the courts is getting administration to remove it on their own. It would actually be a win-win for them to do so. Someone or some group of someones would look like heroes in the eyes of staff who have watched this sort of retaliation occur for years. Plus, they would be avoiding formal charges and avoiding their actions becoming public knowledge. I'm sure they are going to go after me at any opportunity now. If we resolve things peaceably, there is slightly less reason for me to feel at risk of "special treatment". I will have shown them good will by dropping my own cases against them, even if I have to tell the truth at an arbitration on a class level. They will look better when and if I do testify at arbitration if I am also testifying that they repaired my situation on their own than if I testify that I repeatedly tried to work things out and they refused to consider it. What are your thoughts on this? My stance is that i reported a condition to my union, they investigated and filed the charges on behalf of myself and others. the administration is accountable to the UNION-not to me directly. let them all figure it out. it's their mess. still, all parties involved are aware that i'm waiting and watching...i hope this is helpful in some way. let me know how you are doing.http://explorer.msn.com Message: 5

I already did it. I’m not feeling good about it at all. Please see my response to Julie for details. CR has made their presence known and felt. I have my doubts that personnel responded in a timely manner. I’m sure it will have to go to court to get CR resolved. Since our office is closed Monday, it’s either going or not now. I just got my hopes up when I heard a coworker say there was someone who listens up above at our agency, so I tried to work things out and feel better about he place and feel more secure about my future there. now I ma being told I have less of a future there because of this attempt at cooperation. Oh well. CL CL,

I called the director to see if I could get a meeting with him to iron things out reasonably and without a fight.

I’d be very careful about this. I understand why you would want to try this, but it is dangerous. If you decide to go through with this meeting, do not go in alone. Take a witness of your choosing. I was just thinking that I need to d out hofinw I protect myself from future retaliation without a signed agreement with Civil Rights. Given the fact that you had to go to CR in the first place, I’d say this is extremely unlikely and I’d be suspicious of any offer they make. Maybe we can work it out and send her (CR rep) the paperwork for her to sign as well, saving her the trip for mediation and still getting that protection.

CR needs to make their presence known-and felt. Jennifer Message: 6 Hi Jennifer: Thank you. I am going to try to put through my email again to Mr. Balaker Let’s see if he responds. Bullying and social cruelties among children are of no less magnitude than that which goes on in the adult population. I am determined to get some type of response. If not, I am going elsewhere with this phenomenon. Best regards, Susan S. Susan Institute For Dignity In The Workplace . . . . .Rehumanizing Work Organizations Message: 7 Hi Jennifer: I just re-sent my letter to ABC. I will definitely keep you posted as to any response I receive from him. Best regards to you. Susan Institute For Dignity In The Workplace . . . . .Rehumanizing Work Organizations

Message: 8 In a message dated 11/8/01 12:43:08 AM Eastern Standard Time, writes: << My problem with this councilor is that she has been told in private on many occasions that her approach is what is triggering Nick! I have no problem with what she wants to accomplish, however, I feel that her telling him that I "Don't exist" has to traumatize him, especially after the losses he has already suffered! I think it sets him off! Also, the things she wants to try to get him to conform have been tried before and don't work, they set him off! She is a very stubborn person and will not see things any other way bur hers. Yesterday I spoke with her supervisor and explained my feelings. The supervisor told me they were having a team meeting today and she would get back to me. This councilor knows the stress I am under and that I have not been feeling well and she took it upon herself to rip me up one side and down the other and let me know that I am a weak person with no backbone, because I give Nick choices for breakfast and he doesn't earn that privilege in her mind! She also let me know just what she thinks of my oldest son, who she dislikes immensely! (Matt doesn't like her, but has always been friendly and respectful of her the few times they have been here at the same time)

She is an extremely Hyper personality and yesterday told Nick that if she couldn’t get him under her control and make him show respect for her and comply with everything she tells him, she will see to it that he is put in a program outside the home! This is totally stepping outside of her bounds! She is trying to scare him! He does not need to be traumatized further. The fact of the matter is, he pushes her buttons because he is so easy to set off! When she is not here he is not like this. He does have behavior problems with me, bur has been doing well and for the most part the behavior problems he has had over the past month and a half have been with her after she triggers him! It is almost like a side show! Tomorrow I will know better what the agency plans to do. But I will also let them know how I feel about all of this and if it continues, she is out of here! That would be a shame, because that is what Nick wants! I do not want him to think this a victory. Today he came home from school, complied with all he was given to do, (chores, homework, etc.) we had dinner, he watched TV for half an hour, took a bath and got ready for bed with no problems! I probably will not see any explosions from him again until Monday after school when she brings him home! This is very bewildering to me! The reason I asked if you had read the book is that I wanted another perspective. I have always maintained that Nick does not want to act this way and wishes openly that he could change. The book “The explosive child” explains it in a nutshell…”.these children do not choose to be explosive and noncompliant…..any more than a child would chose to have a reading disability…but are delayed in the process of developing the skills that are critical to being flexible and tolerating frustration (or have significant difficulty applying these skills when they most need too).” It also talks in depth of the positive reinforcement and charts, etc. that are so typical in dealing with children with behavioral disorders and the fact that many of them do not work. I will be learning what does work and am grateful for that! This councilor totally dismisses this as Bunk! She knows better! She feels that total depravation of everything is the only way Nick will learn anything, this includes my affection for him! She has made that all too clear! I feel it is too over the top and will trigger and further traumatize him! Nick has had many different types of behavioral programs and for the most part only work to a point with him. He needs to be able to be so aware of himself every moment so that when he is about to explode (I call his episodes spontaneous combustion) that he will be able to ward them off. This is the type of support we both need, not constant punishment and remuneration! He has little or no self esteem as it is. If anything, I can see where as he gets older he will become a bully, just to be heard! I know that is simplifying things a bit, but I think you know what I mean. As far as my sleep goes, It doesn’t matter how much sleep I get during the night, lately all I want to do is sleep! That is what is concerning me! Tonight I almost let myself go back to bed at 8! I forced myself to do a few things, (put in a load of laundry, empty and reload the dishwasher, make Nick’s lunch for school, etc. Tomorrow I will force myself to go out, but this is all totally not like me! I am usually upbeat, positive and a fighter! I am a survivor by nature and don’t know what is going on with me now! How long do these periods usually last for? I have spoken to David Yamada, he was kind enough to send me the Namies book as well as a copy of the law journal in which he is published. He also gave me the name of a Dr. to contact as a possible witness in my case. Are you sure I can’t convince you to testify Susan? I need people I can trust! I have the feeling that all these Dr.’s care about is the money and some of them are so ridiculous! Where do I draw the line? I don’t mind paying and have money put aside in a special fund, but, each time we find a specialist they want more and more money! I realize that the books are not the total answer, but if Nick’s Dr. is recommending them to everyone so they can understand what is going on with him to be better able to help him than who is this councilor to dismiss the Dr.! >> Hi Kathy: I am not sure if I responded to his email, but since I kept it on my New Mail list, I suspect I did not. Kids and adults with ADD or ADHD have irregular inibitory and excitory brain mechanisms, which accounts for moments of focusing, and other times of complete excitation. Dr. Hallawell speaks about this in his book. It has been my experience with ADHD children that a behavioral plan needs to be implemented by the parents. It should be clearly written out for the parent(s) and explained to the child in terms of earning points. There is no “punishment” involved, and taking things away from the child affords little, if any change in behavior. In fact, it may serve to reduce their already lowered self-worth. For example: Let’s say you want Nick to take out the trash, and you’ve made it known that this is a regular task you’d like him to do. If you have to ask him more than twice, he doesn’t receive a point for that task. So let’s say in one day he can earn up to 25 points for various behaviors, he may receive only 24 for the day. At the end of the week all points are added up, and he will always receive something at the end of the week. Even if you have to use stickers, or stars on the calendar. ADHD kids are punished enough. You are correct, they do not want to behave the ways the can’t control. Regarding your quiery about my expert witness testimony, I simply do not have enough time to do so. I am completely swamped with work and as an aside, domestic responsibilities. As an expert witness, I would have to review many reports, conduct interviews, etc. In order to take responsibility as an expert witness, particularly when I have not at all been involved with the case, would take a great deal of time, and there is always the uncertainty that I may be confronted with being an outsider. Not that the latter intimidates me, I just do not have the time to undertake this responsibility. Perhaps David Yamada’s doctor will be of help to you. Best regards, and good luck to you.

Susan Institute For Dignity In The Workplace . . . . .Rehumanizing Work Organizations

Message: 9 Personal Bill of Rights 1. I have the right to ask for what I want. 2. I have the right to say no to requests or demands I can’t meet. 3. I have the right to express my feelings, positive or negative. 4. I have the right to change my mind. 5. I have the right to make mistakes and not have to be perfect. 6. I have the right to follow my own values and standards. 7. I have the right to say no to anything when I feel I am not ready, it is unsafe, or it violates my values. 8. I have the right to determine my own priorities. 9. I have the right not to be responsible for others’ behavior, actions, feelings, or problems. 10. I have the right to expect honesty from others. 11. I have the right to be angry at someone I love. 12. I have the right to be uniquely myself. 13. I have the right to feel scared and say “I’m afraid.” 14. I have the right to say “I don’t know.” 15. I have the right not to give excuses or reasons for my behavior. 16. I have the right to make decisions based on my feelings. 17. I have the right to my own needs for personal space and time. 18. I have the right to be playful and frivolous. 19. I have the right to be healthier than those around me. 20. I have the right to be in a non-abusive environment. 21. I have the right to make friends and be comfortable around people. 22. I have the right to change and grow. 23. I have the right to have my needs and wants respected by others. 24. I have the right to be treated with dignity and respect. 25. I have the right to be happy.

Photocopy the above list and post it in a conspicuous place. By taking time to carefully read through the list every day, you will eventually learn to accept that you are entitled to each one of the rights enumerated. With complements: Susan Shaub Institute For Dignity In The Workplace . . . . .Rehumanizing Work Organizations

Message: 10 Thank you, Susan! Those are wonderful. I’m thinking I need to copy them and post them in my cubicle at work where I will see them daily and, . . .(warning, the following is said out of bitterness toward past behaviors and entirely tongue in cheek). . . if Creepy is still sneaking into the office on weekends and still nosing around my work area, looking for things to attack me for, he can see them too! 😉

Seriously, I think a nice leafy border would look very nice around them. Thank you for suggesting we post them! CL Message: 11 In a message dated 11/8/01 10:11:25 AM Eastern Standard Time, writes: << he just is into saving money. Hi Queste: Now you have an anchor! If the director is "into saving money," he may also want to know what the barriers are that prevent him from increasing money flow. While this is really not your terrain as a therapist working in an agency, you might as well let him know a bit about organizational psychology and that effective leadership is inspiring and guiding. It is the ability to negotiate, earn the loyalty of employees, and initiating, promoting or managing change. In a sense it is a gift the leader gives to his employees and him/herself. This is a promoter of dignity, respect and ultimate win-win situations rather than the zero-sum game. As long as you've been so bullied, why not get on the campaign in your own way, to inspire ideas for continuous improvement in the workplace. Best regards, Susan

Susan Institute For Dignity In The Workplace . . . . .Rehumanizing Work Organizations

Message: 12 In a message dated 11/10/01 4:55:10 PM Eastern Standard Time, writes: << Those are wonderful. I'm thinking I need to copy them and post them in my cubicle at work where I will see them daily and, . . .(warning, the following is said out of bitterness toward past behaviors and entirely tongue in cheek). . . if Creepy is still sneaking into the office on weekends and still nosing around my work area, looking for things to attack me for, he can see them too! ;)

Seriously, I think a nice leafy border would look very nice around them. Thank you for suggesting we post them! CL >> Hi CL: Re type it, re-font it, boarder it, print it on some nice laser or colored paper. I thought it may be helpful to members. Leafy border sounds great! Like the Declaration of Independence, it was inked on parchment. Have fun with it. Best regards, Susan Susan Institute For Dignity In The Workplace . . . . .Rehumanizing Work Organizations

Message: 13 Hi Queste: Not sure if I recommended this to you, but I think it will give you some insight. Please get hold of “Working With Emotional Intelligence” by Daniel Goleman. It’s one excellent text explaining emotional intelligence and why it can be crucial to your career. It will give you some insight into dysfunctional orgs and leadership deficits. Regards,

Susan Institute For Dignity In The Workplace . . . . .Rehumanizing Work Organizations

Message: 14 Personally, while it may not be explicitly illegal, I am not sure such a waiver can be upheld in court.

Lynn Sign up for a free About Email account at http://About.com Message: 15 I would add to that the following: I have a right to make a living where my interests, skills and competencies lie, without obstruction, “politics” or other negativity standing in my way. Lynn Sign up for a free About Email account at http://About.com Message: 16 In a message dated 11/10/01 5:23:18 PM Eastern Standard Time, writes: << I would add to that the following: I have a right to make a living where my interests, skills and competencies lie, without obstruction, "politics" or other negativity standing in my way.

Add whatever suits you. Susan Susan Institute For Dignity In The Workplace . . . . .Rehumanizing Work Organizations Message: 17 I have recently been fired after repeated bullying behaviors from my previous employer. I kept records of many incident reports and performance evaluation comments in my desk. The day I was terminated, the HR person told me to unpack my desk while she watched. She would not allow me to take anything related to the company like my documented email exchanges, incident report documentation and other evidence of bullying. Can they take this evidence away? Message: 18 You should’ve taken that stuff home long before this occurred…when you even have an inkling you’re headed for trouble, you should scour your desk of all important documents…she knew they were in there, anyway…my boss loves to go through our desks so we learned not to leave ANYTHING in the office!Sue wrote: I have recently been fired after repeated bullying behaviors from my previous employer. I kept records of many incident reports and performance evaluation comments in my desk. The day I was terminated, the HR person told me to unpack my desk while she watched. She would not allow me to take anything related to the company like my documented email exchanges, incident report documentation and other evidence of bullying. Can they take this evidence away? Message: 19 I have to share something with you that will flip you out entirely….I spoke to someone who warned me about the very agency I interviewed with..informed me that there’s a consistent turnover there….I told the one girl about that reference waiver they wanted me to sign…then we talked about a company

where one girl worked as a supervisor for 7 years… we were discussing different people we both now….guess what? The personnel director who interviewed me was under my friend’s supervision at a local company and she stated that this personnel director when under her supervision turned out to be a liar, a manipulator and cutthroat…this is the very same person that interviewed me….turns out she LIED to me in the interview! she told me she had just moved here from FLA and was working at the agency for a total of 9 months…guess what, she moved here from FLA many years ago, and spent the last 6 of those 9 months selling “Pampered Chef” home party product until she got hired at that agency only 3 months ago…. God works in very very mysterious ways, doesn’t he??????????? Sue Message: 20 Unfortunately they are most likely within their “rights” to determine what is company property. Note this extends itself into email and in some cases phone conversations as well. I kept my notes posted online with a third-party Internet provider, keeping nothing at work. If they did provide documentation it would go home with me that day and emails I wanted to keep I would be forwarded to my home, then Sent messages details were deleted immediately. I have recently been fired after repeated bullying behaviors from my previous employer. I kept records of many incident reports and Message: 21 Hi,

First of all, I recommend you seek an attorney ASAP. You need legal advice right away, before the thought of destroying documents becomes reality. It seems bullying employers are generally cocky enough to break the law in their quest to destroy. That being said, I don’t believe she had the right to refuse you any documentation regarding your own employment history there. If any of it contained confidential information regarding clientele or business operations AND it isn’t part of one of your evaluations, then I think they can refuse to allow you to take that, especially if you are no longer employed there. If I were you, I would march myself up to the human resources office first thing Monday morning and demand copies of your personnel file documentation. If they refuse to give it to you, ask for documentation of the law that applies before you leave the office. You don’ t want to give them a chance to alter anything if you can avoid it. If they won’t accommodate the request and say you have to leave, then I would get hold of an attorney for advice right away. Most will give you some sort of direction over the phone for free, as long as you are considering hiring them. In my case, I was able to get advice even when they couldn’t work with me, due to the presence of my union. Oh, I almost forgot, if you belong to a union, call the hot line right away or first thing when the union is available! You might also want to take note for yourself of what other, non-personal documents you wish you had taken copies of and why you wish you had. Technically, they can’t remove or alter documents, so if the entire place isn’t corrupt, any info like that that you need may still be there. I’m sorry to hear how things came down for you. I wish there were more I could do to help. I hope you find these ideas helpful. Keep us updated, please! CL I have recently been fired after repeated bullying behaviors from my previous employer. I kept records of many incident reports and performance evaluation comments in my desk. The day I was terminated, Message: 22 You go CL Hi, First of all, I recommend you seek an attorney ASAP. You need legal advice right away, before the thought of destroying documents becomes reality. It seems bullying employers are generally cocky enough to break the law in their quest to destroy. That being said, I don’t believe she had the right to refuse you any documentation regarding your own employment history there. If any of it contained confidential information regarding clientele or business operations AND it isn’t part of one of your evaluations, then I think they can refuse to allow you to take that, especially if you are no longer employed there. If I were you, I would march myself up to the human resources office first thing Monday morning and demand copies of your personnel file documentation. If they refuse to give it to you, ask for documentation of the law that applies before you leave the office. You don’ t want to give them a chance to alter anything if you can avoid it. If they won’t accommodate the request and say you have to leave, then I would get hold of an attorney for advice right away. Most will give you some sort of direction over the phone for free, as long as you are considering hiring them. In my case, I was able to get advice even when they couldn’t work with me, due to the presence of my union. Oh, I almost forgot, if you belong to a union, call the hot line right away or first thing when the union is available! You might also want to take note for yourself of what other, non-personal documents you wish you had taken copies of and why you wish you had. Technically, they can’t remove or alter documents, so if the entire place isn’t corrupt, any info like that that you need may still be there. I’m sorry to hear how things came down for you. I wish there were more I could do to help. I hope you find these ideas helpful. Keep us updated, please! CL I have recently been fired after repeated bullying behaviors from my previous employer. I kept records of many incident reports and performance evaluation comments in my desk. The day I was terminated, Message: 23 Yes, He does, Sue!!! I’m sorry to hear that your potential employer is corrupted, but better now than after you are hired. Whew! Close call . . . CL Bob; Terry; Broderick, Gourete; Froggy, Feisty I have to share something with you that will flip you out entirely….I spoke to someone who warned me about the very agency I interviewed with..informed

Message: 24 LOL! 🙂

You go CL Hi,

First of all, I recommend you seek an attorney ASAP. You need legal advice right away, before the thought of destroying documents becomes reality. It

Message: 25 YES, CL, THERE IS A GOD!!! Sue C L wrote: Yes, He does, Sue!!! I’m sorry to hear that your potential employer is corrupted, but better now than after you are hired. Whew! Close call . . . CL Bob; Terry; Broderick, Gourete; Froggy, Feisty I have to share something with you that will flip you out entirely….I spoke to someone who warned me about the very agency I interviewed with..informed me that there’s a consistent turnover there….I told the one girl about Message: 1 Sue,

CL wrote: I’m sorry to hear that your potential employer is corrupted, but better now than after you are hired. Whew! Close call . . .

Seconded. Jennifer Message: 2 Sue, THERE IS A GOD!!! There sure is and He cares. Jennifer Message: 3 —-Original Message Follows—- 🙂

<< A M E R R Y H E A R T ============================= TERRORISTS SPOTTED IN GOVERNMENT OFFICE. ------------------------------------ Latest news reports advise that a cell of five terrorists have been operating undercover for sometime at local government offices. Police advised earlier today that four of the five have been detained. Security stated that the terrorists Bin Sleepin, Bin Drinkin, Bin Fightin, and Bin There-Done-That have been arrested on immigration issues. The police advise further that they can find no one fitting the description of the fifth cell member, Bin Workin, in the area. Police are confident however, that anyone who looks like Bin Workin will be very easy to spot in the office (Dis-Associated Press). Message: 4 asked: I have recently been fired after repeated bullying behaviors from my previous employer. I kept records of many incident reports and performance evaluation comments in my desk. The day I was terminated, the HR person told me to unpack my desk while she watched. She would not allow me to take anything related to the company like my documented email exchanges, incident report documentation and other evidence of bullying. Can they take this evidence away? The employer can do anything they like, but whether it is legal in your state is another matter. The fact that the HR person feels a need to prevent you taking evidence is itself contributory evidence. In the UK it might be possible to immediately obtain a court injunction preventing the employer from destroying the evidence so that it can be obtained under the rules of disclosure prior to employment tribunal. Tim Field Message: 1 NOTE TO EVERYONE: keep your documentation at home...of course, your employer and their bully employees will stop at nothing to stonewall you; and basically these types of people are small-minded and dumb. they are not thinking of the legal repercussions at the time. the stuff i turned over to the city's investigative attorney was six years old, some on steno note paper, ripped out and saved; scribbled notes on copy paper (you can tell i was upset at the time) and eventually printed computer versions when i got my pc. it was a powerful statement, and a good indication that i was not lying. (why would i go to all this trouble, when i had a job to do as well.) the investigative attorney made a comment about how he was amazed that i put up with the crap all day and then went home and wrote about it. i told him i found in "therapeudic", and that writing was my hobby. he actually shook his head and smiled. julie from nj Message: 2 --- In ., . wrote: I have recently been fired after repeated bullying behaviors from my previous employer. I kept records of many incident reports and performance evaluation comments in my desk. The day I was terminated, the HR person told me to unpack my desk while she watched. She would not allow me to take anything related to the company like my documented email exchanges, incident report documentation and other evidence of bullying. Can they take this evidence away? After i was fired without warning, i contacted an attorney immediately. he told me to fax a letter to HR requesting under state law that they send me a copy of my personnel file (he said my request had to be in within 4 days of my termination for them to be legally required to send it, and that they had 10 days to do that) this was before they knew i was suing them so it increased the chance they wouldn't doctor my file. I also asked them to put in writing the reason (s) they forced my to resign. They never did that part. hope this is helpful queste Message: 3 Julie, I'm glad I'm not alone. Some of mine are even on Post-its! When I get mine transcribed onto Word, should I save the originals? CL NOTE TO EVERYONE: keep your documentation at home...of course, your employer and their bully employees will stop at nothing to stonewall you; and basically these types of people are small-minded and dumb. they are not Message: 4 --- wrote: I have recently been fired after repeated bullying behaviors from my previous employer.

I’m sorry. I kept records of many incident reports and performance evaluation comments in my desk. Do you have any back up copies anywhere? The day I was terminated, the HR person told me to unpack my desk while she watched. She would not allow me to take anything related to the company like my documented email exchanges, incident report documentation and other evidence of bullying. Can they take this evidence away? I’m not clear which country you are in. In the US, the employer does have the right to search all company owned items…even those that are a bit more personal such as a locker or a desk. They can not search your personal items such as a purse or a briefcase. It is wise practice never to leave such documentation at work. If you receive performance evaluations, write ups, etc…always put them immediately in your briefcase or purse and then take them home and leave them at home in a secured location. If there are computer files applicable to your case, put them on a disc and then put the disc in your breifcase or purse. In some cases I’ve advised targets to keep copies of documentation in a bank safety deposit box. I know of at least two situations where the bullies harassed targets on their home turf and in one of those cases, it was suspected that the target’s home had been searched. Also, if you take any medications at work, never leave these accessible. They should remain in your purse or briefcase. I worked with a target whose desk was searched and prescription medication was seized (this is illegal, but it was done anyway)

leaving the target without medication and the bully with access to private medical information. Also, never use the company email system to discuss your case under any circumstances. Also, Nineveh should not be contacted this way. This is not paranoia, but experience. These company systems are monitored. Always use an indedpendant email server to contact Nineveh or whenever discussing anything about your case-even to the union or other official agencies. I believe that you can still request your personnel file and be sure to ask if there is a separate medical/insurance file as well. There is a very small window of time to do this, so it must be done quickly. I also suggest that you consult an attorney as to the legality of them taking your performance evaluations away from you. Something doesn’t seem right there. You are supposed to be given (and permitted to keep) copies of these sorts of things. Let us know what happens. Jennifer

Message: 5 CL-i did misunderstand you. i thought that management offered to take that document out of your file, if you would drop everything-hence the term, “bribe”. i did not realize that they were stonewalling the removal; that really makes no sense to me. i guess i was giving them too much credit. that would have been the smart thing to do. but while management is not always smart-most always, they are arrogant. true, you are now the pariah. once you approach your union, you are “the enemy” to management. think about why unions were formed in the first place. managements’ plan is to “divide and conquer”. unions’ is “safety in numbers”. of course, you then get all the jockeying in between, and you never know who to trust because some union reps are trying to resolve issues in the easiest (way (they are lazy and uncommitted) or the cheapest (they can save their money for the tough ones) management makes it as difficult as possbile by saying, no, no, no. (arrogance and ego) to whatever it is that union wants and it goes on and on…verbal jousting… get used to the pariah treatment as part of the game; any label in my mind, is better than “victim”. my latest reaction to your situation is this: you are already in deep with the union grievance-management will never again look at you in the same way (the “f—-ing” ingrate thing) they really can’ t, or do not want to be made to understand workplace bullying. being creeps themselves, they feel it is just part of the terrain. i do think that if they placed that document in your file after your union grievance, you could possibly have “whistle-blower” protection. although the laws are weak in the bullying area, you complained because you felt you were being abused, that you were a victim of a hostile work environment. ( i would love to see “human beings” one day fall under a “protected class”! in harrassement law)

my gut feeling is that you should stick with your union. management is not even willing to make an easy and smart compromise and TAKE THAT THING OUT OF YOUR FILE! perhaps they think that removal would be proof that they set you up in the first place, since it was retroactive and suddenly appeared after your complaint. it sounds like they plan to take you to the wall. but, that is just me. i am always overly suspicious with those that have proven themselves to be suspect in the first place. my stupidvisor actually made a comment to me shortly after my complaint that something like “needs to work better with finance” (my bully ) might someday be part of my evaluation. i said, “what???after i’ve accused him of harrassment???? i documented five years worth of trying to work with that guy!! my stupidvisor then said, “oh, no, no, no-i take that back”. and i thought, “you’d better,” and then fired off a letter to his boss. so i dodged the bullet on that one (so far) my feeling is that “a letter in your file”, or an “evaluation” is a common ploy by mangement. look, it happened to you, and they were going to try it on me. that’s just two of us. i think that if you want that letter out of your file, it is the least that they can do. stand firm, and let your union fight for you. it is an easy compromise…take the stance that is up to union v. managment now, and you are the outside looking in. you reported an unsafe work condition. union responded. oh, one last thought, since it is all you are asking for-do you know for sure (in writing?) that managment refused to take the document out? were you ever involved in any of the negotiations? (i.e. actually in the room?) i am curious, let me know ….but, in the end, no matter how it all plays out, it should be your decision only. in my case, i have a strong suspicion that management has had it with my bully too. i (with the help of a few others) have now made him the liability that he is. good luck! write back! regards,

julie from nj Message: 6 Its great to be able to interact with individuals who have experienced the same bullying and harrassment in the workplace. I am in the process of filing a gender discrimination charge against my previous employer with the EEOC. I did not realize that discrimination must go through the EEOC before you can file a lawsuit. I wanted to file wrongful discharge and malicious harrassment but was told by an employment law attorney that in an “at will” state, I am basically out of luck. Without protection of a union, I can be fired for any reason or no reason. And my direct supervisor was also one of the owners, so there was no one to report this to, at least no one who had authority over his. I am hoping that the EEOC will back me up on this. I work at a technical proprietary school and was told I had a complaint lodged against me. I asked to see the complaint and my personnel file and was denied on both counts. My attorney requested copies of my personnel file and they refused without a supoena. I cannot get Cobra benefits because he says I was terminated for gross misconduct (which I am still trying to figure out what it was). I was compiling evidence for a discrimination inquiry. My attorney had emailed me at work at 9:30 with advice of what information he needed, at noon I was let go. And yes, our email is monitored. Unfortunately, the gender discrimination was not as severe as the malicious manipulation of my job and emotions. I was criticized for taking lunches which I eventually ceased to do, subject to abusive tirades, and had sales that I had worked for taken away and given to other representatives because, as he put it, “I’m the owner and I can do whatever I want.” One individual I worked with, who was also a very close friend of my boss, was always given preference over me. There is much nepotism and personal alliances in this company and an outsider will never get ahead. If you don’t know someone, sleep with someone or are related to someone, your time is limited. At the time of my discharge I was number two in the company for sales in a field of 32 reps. And I did that in spite of my boss. My numbers could have been even higher. Any advice in filing with the EEOC will be much appreciated. I am very nervous about all of this. Debbie

Message: 7

Hi Julie, My understanding is that our upper management has made it a practice to punish those who go to the union and they continue doing so because people give up. They’ve never had to face consequences or prove that they were in the right to do so. When I returned to work, they treated me like a piece of dirt– until they received the formal papers from Civil Rights. Now (4 mos after my return to the office) they have been scrambling and getting me away from Creepy’s supervision in a big hurry. I was TOLD (key word here, since I have been privy to no actual interactions on this) that the labor relations person in the big office was considering a resolution of my initial grievance/harassment complaint that would include removing the paper 90 days from issuance (which would have been end of last month). Since it would get it out for now and Civil Rights was still involved, I would have signed it. Then, last week, the rep called and said our personnel office refused to agree to that. The rep was very unsupportive (again) of my stance that I can’t call it resolved then, since they never acted in a timely manner at all to my complaint and they treated me poorly and aren’t even willing to repair the damage done on paper.

I think the rep is lazy and avoiding as much work as possible. It will take accessing files to prove the retaliation, but it is very possible. The rep “works” at least half his hours out of his home. He failed to make it to three scheduled meetings in September with the steward and me to discuss this, never did meet with us and then went for the removal of the paper after saying he didn’t want to do that. I think it was easier than traveling to our office, LOL! I’m really irritated with him. They posted our admin’s salaries in the union paper recently. Since we pay our rep’s salaries directly, I’d like to know what THEY get paid (and for what?).

And, I don’t know who is saying what. I only know what the union tells me. I have been wondering about that more and more lately. The steward demanded an apology from Creepy at the second step meeting with personnel, telling me afterward that he wanted it moved to third step and that was the only way to get the incident documented in a meaningful way. That seemed okay in that it prompted personnel to promise to talk with some witnesses to minor incidents before and after the big incident and to my demeanor immediately following the incident when I was wigging out and talking to friends. I heard nothing for over week, so I called the steward. He TOLD me that personnel fired off a letter two days later, saying Creepy was just doing his job and offering no move to a new supervisor (as had been offered at the second step meeting before the steward demanded the apology). (I confirmed for myself that personnel never did talk with the witnesses, so I know personnel isn’t being honest either.) He said he knew I couldn’t return to Creepy’s supervision, so he sent it in for a third step without consulting me and he MEANT to call me and tell me what happened but he forgot. I have no real idea how much of that is true, if any. I don’t even really know that it needed to go to third step. This same steward merged my retaliation grievance with a couple of others, creating the class action grievance, without asking me first. I hate to say it, but I don’t want to have it lumped in with the others. I don’t mind if they use my circumstances as evidence of a pattern on administration’s part, but the others were initially grieving discipline when the admin. retaliated. One is the steward, who probably really did argue a situation a bit too much (from what I know of his personality) and the other is a woman who needed to hit bottom to face her addiction issues. I DO agree that admin. went too far and retaliated against the steward, but I don’t even know the exact circumstances of the woman’s case. I suppose it doesn’t matter, though, because (IF the union is being honest) admin. is probably going to refuse to remove the paper to resolve the retaliation grievance as well. It just makes me uncomfortable when the steward does things with my case without consulting me. I guess that is part of why I had hopes of meeting with a reasonable person in our admin. who would be willing and able to discuss things openly and honestly with me. I’d like to know exactly what admin. is saying on their side of things and I wish someone would pull the documentation necessary to see that what I say is true. It’s really sad that I had to go outside our office to get this settled. You’re right. I need to stick it out with the union, but it’s frustrating. I think the rep wants me to save him some work and dump the union. He keeps saying that Civil Rights will take care of it. Well, CR are supportive right now, but I don’t KNOW what they are going to actually accomplish until it happens. I think maybe the union is trying to stall going to arbitration until CR has already done the union’s job for them. I avoided having to get into the “sexual” aspect of my case at the start (before I knew how insanely arrogant our admin. is) because it’s embarrassing and Creepy’s behavior in that incident falls under the general harassment component of our union contract and under our own agency’s Zero Tolerance policy. I’m fortunate that the component is there, though, because I was able to go to Civil Rights for justice when I had to. I think it’s a sorry state of affairs that only some forms of harassment can get outside support though. Every worker under any harassment circumstance should be able to get justice. Because my case has gone outside the agency to Civil Rights and because retaliation and discrimination are such common practices at our agency, I am getting a lot of pressure from coworkers to go forth no matter what. Admin. really screwed up not acknowledging the difference between my harassment grievance and the discipline grievances they usually deal with. It bothers me deeply that we can’t expect our admin. to protect us from even that sort of harassment. It feels like they are carrying out the quid pro quo business on behalf of the supervisor involved! I will let the chips fall where they may in regards to Civil Rights, but I think Civil Rights will probably want to call it resolved if admin. will pull the paper from my file. They have a lot of cases and I wasn’t physically assaulted, so I know it isn’t the most pressing situation that faces them. I think I have made my point that admin. can’t expect that an employee is going to lay down and take it when they retaliate.

I was hoping when I went to the director that I could be a bit of a hero in Admin’s eyes by helping them avoid a lawsuit and public knowledge of what happened. I was hoping someone up there would want to be a hero to staff and correct the matter, but I guess there was no dice there. Maybe it was worth a shot after all. Who knows? What’s done is done anyhow. When I get to asking myself why they are being so stupid about things, I sometimes wonder if someone in admin. is hoping also to bring the discrimination and such to light. I don’t know who that would be or why, though. Right now, they are all looking a bit crooked. I wish I wasn’t being kept so much in the dark about things. I feel like I am being treated like a “silly woman” who wouldn’t understand anyhow. To answer your questions, no, I was never given anything in writing regarding admin’s refusal to remove the paper and I have not been present for any of the negotiations. I would like to be, because I think I could straighten a lot of this out. One interesting thing, though, is that I heard of admin’s outright refusal from one person outside the union. Our admin was all white men until a woman was promoted last spring. I found her supportive of my position when she first found herself involved (due to the absence of her peer who is directly over us). She took my position on the paper to upper admin for me and told me afterward that they said they would remove it “under no circumstances”. She has been a LOT less supportive recently. Friday, she actually said I should drop my cases because I have to “think about [my] future”!!! Now, I know she is in a risky position because she is new and they MAY be looking to get rid of her, so they can say they HAVE hired non-white-men in higher positions but “it didn’t work out”. She’s a very astute woman and it shocked me to hear her say something so outrageous. It occurred to me last night that maybe she said it as much or more out of intent to make me angry at admin again and fire me up as to stop me from going forward. If I go forward AND she is “doing her job” and siding with admin, she is in a lot less danger than if she sticks her neck out (like she SAID she did earlier). I don’t really know WHAT they said to her IF she even approached them on my behalf before. It just gets murkier and murkier . . . Along with you and me, there are others on the forum who have questioned their own union’s ethics. I’m glad you found support higher up in your union. Now you know why I follow your story with such interest! 🙂 Thank you for your support, input and insight into my situation! CL CL-i did misunderstand you. i thought that management offered to take that document out of your file, if you would drop everything-hence the term, “bribe”. i did not realize that they were stonewalling the removal; that really makes no sense to me. i guess i was giving them too much credit. that would have been the smart thing to do. but while management is not always smart-most always, they are arrogant. true, you are now the pariah. once you approach your union, you are “the enemy” to management. think about why unions were formed in the first place. managements’ plan is to “divide and conquer”. unions’ Message: 8 Hi Debbie! Lots of good info and support here. Message: 9

Hi Debbie! Welcome to the forum! I am in a very similar boat to yours, except the presence of a union in my case has held admin. at bay in terms of how much retaliation they can expect to get away with. I also have a gender based harassment case pending with EEOC and Civil Rights. Because of the laws in our state, Civil Rights is the agency handling it. I wonder about torte law in your state though. I was thinking if I had been fired in retaliation, I could have gone for tortes such as “wrongful imprisonment” (you gotta read about it to understand how that fits!). If EEOC doesn’t accept your case, you might want to get a second or third opinion from other atty’s about torte laws and how they may apply.

I understand your nervousness about EEOC. It’s a HUGE agency and the whole thought of having to testify in court about the yucky circumstances is just embarrassing. I tried to avoid it, but turning to them was the only thing that has accomplished ANY appropriate (if delinquent) action on the part of my employer. I had expected a new supervisor when I returned to work form medical leave; but it was another four months later, when the paperwork from Civil Rights arrived in our office, that they actually took me out from under my old supervisor. In my case, also, the actual act which prompted the harassment complaint isn’t what did the most damage. It was my employer’s attitude toward me and the incident which really caused deep, lasting emotional harm. I no longer feel even physically safe at my own office. In regards to EEOC, I can share what has happened so far with Civil Rights. I called in May and went through an extensive phone interview. My case was accepted at the first level, which they call a “contact”. I was told the woman in charge of my case was going to contact my employer and try to work something out on my behalf. I returned to work in June. My employer had not moved me as promised and they threatened discipline as soon as I walked in the door. I called Civil Rights and learned that they had not called my employer yet. She then did so. No resolution was attained in that phone call. I was written up in late July (for non-issues from last winter!) and a negative paper was placed in my file (the first in six years of dedicated employment there). When I called them about hat, Civil Rights wrote up the Formal Complaint, including the retaliation taken, and had me sign and notarize it. Once I had signed it, I was given a case number at both the Dept. of Civil Rights and the EEOC. The Formal Complaint paperwork was forwarded to my personnel office. If personnel didn’t respond within 28 days (we just crossed that deadline and I don’t know yet if they responded), my case goes forth into a full investigation of the facts involved. According to what I read, I think they may be scheduling a court date as well. If personnel did respond on time, Civil Rights will attempt to see if they can work out an equitable resolution with my employer. In my case, since they did finally move me away from Creepy old boss’ supervision, this would mean removing the negative paper form my file. If I no longer worked there, I suppose the resolution would involve some sort of monetary reparations or reinstatement of employment or both. I hope this helps. I’m not sure if the process is exactly the same if one goes directly through EEOC, but it is probably similar. With both agencies, I read that a “gag clause” prohibiting you from discussing the facts with just anybody will be part of the resolution. Be prepared for things to take longer than expected to move along due to high caseloads. My personnel office has habitually not responded adequately to the union and to Civil Rights. Civil Rights, though, has staunchly moved forward to each step as soon as able. They are clearly in charge of things and not willing to allow my employer to push them around or play games. For that, I am very grateful. CL

Its great to be able to interact with individuals who have experienced the same bullying and harrassment in the workplace. I am in the process of filing a gender discrimination charge against my previous employer with the EEOC. I did not realize that discrimination must go through the EEOC before you can file a lawsuit. I wanted to file wrongful discharge and malicious harrassment but was told by an employment law attorney that in an “at will” state, I am basically out of luck. Without protection of a union, I can be fired for any reason or no reason. And my direct supervisor was also one of the owners, so there was no one to report this to, at least no one who had authority over his. I am hoping that the EEOC will back me up on this. I work at a technical proprietary school and was told I had a complaint lodged against me. I asked to see the complaint and my personnel file and was denied on both counts. My attorney requested copies of my personnel file and they refused without a supoena. I cannot get Cobra benefits because he says I was terminated for gross misconduct (which I am still trying to figure out what it was). I was compiling evidence for a discrimination inquiry. My attorney had emailed me at work at 9:30 with advice of what information he needed, at noon I was let go. And yes, our email is monitored. Unfortunately, the gender discrimination was not as severe as the malicious manipulation of my job and emotions. I was criticized for taking lunches which I eventually ceased to do, subject to abusive tirades, and had sales that I had worked for taken away and given to other representatives because, as he put it, “I’m the owner and I can do whatever I want.” One individual I worked with, who was also a very close friend of my boss, was always given preference over me. There is much nepotism and personal alliances in this company and an outsider will never get ahead. If you don ‘t know someone, sleep with someone or are related to someone, your time is limited. At the time of my discharge I was number two in the company for sales in a field of 32 reps. And I did that in spite of my boss. My numbers could have been even higher. Any advice in filing with the EEOC will be much appreciated. I am very nervous about all of this. Debbie Message: 10 Hello Tim,

Thanks so much for your reply. Unfortunately, I chose not to sue, but if I ever have this type of situation come up again, I want to know the right thing to do. They were definitely attempting to cover-up any possibility of me taking further action against their bullying behaviors. Sincerely, Christi Sanderson

Tim Field wrote: asked: I have recently been fired after repeated bullying behaviors from my previous employer. I kept records of many incident reports and performance evaluation comments in my desk. The day I was terminated, the HR person told me to unpack my desk while she watched. She would not allow me to take anything related to the company like my documented email exchanges, incident report documentation and other evidence of bullying. Can they take this evidence away? The employer can do anything they like, but whether it is legal in your state is another matter. The fact that the HR person feels a need to prevent you taking evidence is itself contributory evidence. In the UK it might be possible to immediately obtain a court injunction preventing the employer from destroying the evidence so that it can be obtained under the rules of disclosure prior to employment tribunal. Tim Field Message: 11

Jennifer, Thanks so much for your informative reply. Unfortunately, I did not keep copies of the email exchanges at home. I had both hard copies and saved files on my computer at work. I had no idea they would ever take these from me. I will ask an attorney if this is legal. I love this forum…..we are all going to become experts on the law and the bullies better watch out!!!!!!! I am so disheartened by people trying to destroy other people, especially after the terrorist bombing. I don’t want to get too depressed, but this year has been pretty hard. This is the way I like to use my energy. If we can all help each other, we will win. Thanks so much, Christi

Feisty Froggy wrote: — wrote: I have recently been fired after repeated bullying behaviors from my previous employer.

I’m sorry. I kept records of many incident reports and performance evaluation comments in my desk.

Do you have any back up copies anywhere? The day I was terminated, the HR person told me to unpack my desk while she watched. She would not allow me to take anything related to the company like my documented email exchanges, incident report documentation and other evidence of bullying. Can they take this evidence away? I’m not clear which country you are in. In the US, the employer does have the right to search all company owned items…even those that are a bit more personal such as a locker or a desk. They can not search your personal items such as a purse or a briefcase. It is wise practice never to leave such documentation at work. If you receive performance evaluations, write ups, etc…always put them immediately in your briefcase or purse and then take them home and leave them at home in a secured location. If there are computer files applicable to your case, put them on a disc and then put the disc in your breifcase or purse. In some cases I’ve advised targets to keep copies of documentation in a bank safety deposit box. I know of at least two situations where the bullies harassed targets on their home turf and in one of those cases, it was suspected that the target’s home had been searched. Also, if you take any medications at work, never leave these accessible. They should remain in your purse or briefcase. I worked with a target whose desk was searched and prescription medication was seized (this is illegal, but it was done anyway) leaving the target without medication and the bully with access to private medical information. Also, never use the company email system to discuss your case under any circumstances. Also, Nineveh should not be contacted this way. This is not paranoia, but experience. These company systems are monitored. Always use an indedpendant email server to contact Nineveh or whenever discussing anything about your case-even to the union or other official agencies. I believe that you can still request your personnel file and be sure to ask if there is a separate medical/insurance file as well. There is a very small window of time to do this, so it must be done quickly. I also suggest that you consult an attorney as to the legality of them taking your performance evaluations away from you. Something doesn’t seem right there. You are supposed to be given (and permitted to keep) copies of these sorts of things. Let us know what happens. Jennifer Message: 12 Debbie, I don’t have experience with filing with the EEOC, but your stated case sounds like a good one. The only advice that I have gained by talking to people is that it must be proven as a gender discrimination to hold up in court. I am not sure how far the courts are going with bullying against targeted individuals. The way I look at things now, even if all we can do is file complaints, if there are enough of them describing these situations where we are not protected by law, the laws will change. Things change when addressed in mass. Hooray!! I will be praying for you… Christi

wrote: Its great to be able to interact with individuals who have experienced the same bullying and harrassment in the workplace. I am in the process of filing a gender discrimination charge against my previous employer with the EEOC. I did not realize that discrimination must go through the EEOC before you can file a lawsuit. I wanted to file wrongful discharge and malicious harrassment but was told by an employment law attorney that in an “at will” state, I am basically out of luck. Without protection of a union, I can be fired for any reason or no reason. And my direct supervisor was also one of the owners, so there was no one to report this to, at least no one who had authority over his. I am hoping that the EEOC will back me up on this. I work at a technical proprietary school and was told I had a complaint lodged against me. I asked to see the complaint and my personnel file and was denied on both counts. My attorney requested copies of my personnel file and they refused without a supoena. I cannot get Cobra benefits because he says I was terminated for gross misconduct (which I am still trying to figure out what it was). Message: 13 I don’t generally believe in horoscopes, but they do help me feel more secure when I am down for some reason. So, I looked today and saw this calendar of the stars for the next week. For those of you following the events of my case, the timing is very interesting, so I thought I would share it. It would sure be something if it panned out! 🙂

The dates listed for the bold headings are, in order, 11/11, 11/13, 11/14, 11/15, 11/16. 11/13 is the next day our office is open and the day I was intending to make sure the director got my message. The listed ego attack is pretty likely, given what I was told by one member of admin.-that our 2nd level supervisor may be miffed that I didn’t go to him first. If he is insulted by that or if the director was NOT given the message that I asked to meet with him, action (authority budging) is certainly possible on the 14th. If this happens and I am feeling better about things at work by the 15th, I will be doing as I have been intending and beginning a planned project at home. If things are resolved in a sudden hurry, it’s possible (though not likely, especially that quickly) I will get some answers regarding what really happened at key points in my case by the 16th. Weird, huh? 11Moon in Libra