Page 1 of 1 [ 7 posts ] 

shadowboxer
Snowy Owl
Snowy Owl

User avatar

Joined: 2 Jun 2008
Age: 57
Gender: Male
Posts: 164

25 Mar 2009, 11:02 am

How do you deal with situation in the workplace without resigning, transferring out, or committing a GBH 1 on someone?

My problem in a nutshell? I have encountered a situation where a couple of co-workers have been bombarding my supervisor with complaints about my performance & conduct. Of course, my supervisor has to investigate & document these complaints whether they are legitimate or not. I have a concern that eventually, my supervisors will decide that it is not worth the trouble to retain my services. At the same time, I have seen ethical violations committed with the tacit approval of TPTB since the performance of these employees has seemingly never been called into question. I have considered reporting these events to the city’s ethics and EEO officers, but this is something I would rather not do at this time for a number of reasons, not the least of which is that the fallout from this course of action would likely further negatively affect my chances for advancement.

Since I am not a dues-paying member of our union (which I have no confidence in anyway) I feel that my options in this situation are strictly limited.


_________________
"...A genious with access to unstable chemicals.
..."


demeus
Veteran
Veteran

User avatar

Joined: 24 Jul 2007
Age: 44
Gender: Male
Posts: 606

25 Mar 2009, 11:34 am

Why is resigning, transfering out off the table. Believe it or not, the best time to look for a job is while you still have one. Persons who are unemployed tend to pass off a different non-verbal tone that people who are employed.

I do not know where you are but in the USA, most places consider you an at-will employee. That does not me only at the will of the employer but also at the will of the employee. My suggestion would be to look for another job under the knowledge that you have to give your current employer 2 weeks notice. If you are questioned about it, simply tell your current employer that as a result of the complaints, you feel that it is a matter of time before they go rid of you and that you would rather leave the company on your terms rather than theirs. If you really are respective and productive and the management is on the up and up, it will give them the notice that something is wrong and to do something about it before the lose other good workers.

I know someone who was asked to do something illegal. She did the act in a way to cover her behind should the company be investigated but immediately looked for another position. Your manager was surprised that she would actually quit over an issue such as that.

Leaving should always be on the table, even if it is not the best option.



Ticker
Veteran
Veteran

User avatar

Joined: 25 Aug 2006
Age: 50
Gender: Female
Posts: 3,139

25 Mar 2009, 4:29 pm

My suggestion is first regardless of how you feel about it join the union because they are the only one who can save your butt. You don't want to be unemployed right now because there are thousands of applicants for every job advertised in much of the country right now. And being a weird acting Aspie goes against you even more when you have that much competition trying to land a new job.

Also with the economy the way it is employers are looking for difficult employees to get rid of so they can avoid lay-offs. I know an Aspie worked over 11 years at one place and get fired just recently over something trivial because again employers are looking to thin out the personnel and Aspies are often the ones picked to fire. Don't report your employer or else that for sure will land you in the unemployment line. Start towing the line and join the union super fast. That may also be part of your problem if most of your co-workers are union people then they make it hard for the non-union co-workers as you are considered a scab. There's no jobs to be had in this country so don't do anything stupid.



ADoyle
Veteran
Veteran

User avatar

Joined: 16 Dec 2005
Age: 43
Gender: Female
Posts: 980
Location: Southern California, USA

25 Mar 2009, 5:10 pm

Ticker wrote:
My suggestion is first regardless of how you feel about it join the union because they are the only one who can save your butt. You don't want to be unemployed right now because there are thousands of applicants for every job advertised in much of the country right now. And being a weird acting Aspie goes against you even more when you have that much competition trying to land a new job.

Also with the economy the way it is employers are looking for difficult employees to get rid of so they can avoid lay-offs. I know an Aspie worked over 11 years at one place and get fired just recently over something trivial because again employers are looking to thin out the personnel and Aspies are often the ones picked to fire. Don't report your employer or else that for sure will land you in the unemployment line. Start towing the line and join the union super fast. That may also be part of your problem if most of your co-workers are union people then they make it hard for the non-union co-workers as you are considered a scab. There's no jobs to be had in this country so don't do anything stupid.


I agree, the union will save your butt when it comes to wrongful termination. If the rest of your co-workers are union members, they might get off your back once they realize that you have joined. In this economy, you really need to do whatever you can to keep your job, as there are thousands of applicants for every job opening out there. It's even more difficult for Aspies to get hired, especially now when there are even more NT's who were laid off.


_________________
"I do not feel obliged to believe that the same God who has endowed us with sense, reason,
and intellect has intended us to forgo their use."
- Galileo Galilei


zer0netgain
Veteran
Veteran

User avatar

Joined: 2 Mar 2009
Age: 51
Gender: Male
Posts: 6,784

26 Mar 2009, 7:48 am

First, regarding the union. Some think joining will help you out. My 2 cents (coming from a union family), is that Unions are like anything else....they shelter who they like. If you spurned them and then join when you fear for your job, I'd not be surprised if they only did a half-hearted effort to protect you. Payback's a b***h. If you are in an "at will" state and you don't have a union contract with the employer, I don't know if joining the union will do anything at all for you. Do more research before joining if you had a reason to not join in the first place. In some states, non-members must receive the same treatment as those who are members, so joining doesn't give you any more protection.

Second, if you feel a need to change jobs, I agree doing it while you have a job is best.

Now, as to what you can do....

First, does the employer know about your AS? If so, then the ADA might offer you protection as the complaining employees could be portrayed as "insensitive" and "discriminating" by making trivial complaints about what you can't control. Since you didn't mention any of this, I presume your AS is not disclosed to the employer.

Second, should you file complaints? Hard call. It makes you look petty, but if you file a complaint with the EEOC about workplace harassment or discrimination, any action taken against you is presumed to be retaliatory. It's a nice angle to play, but it is going to escalate what's happening.

On top of that, if you file a complaint, you had better be able to document every incident or you just look like a crazy and bitter employee.

My best advice is that you confront your supervisor about the complaints being made. Get the specifics of what is being alleged against you, by whom, and what proof they offer that you did what they claimed you did. If you find the complaints baseless, let him/her know that. Should you play the AS card? Should you file a complaint with the EO officer or EEOC about being discriminated or harassed by these employees? I don't know. In this economy, I know (if I was in your shoes) I could not afford to be laid off, and if I suspected co-workers were setting me up to fail, I'd play every card to keep my job. Yeah, I'd probably start looking for work elsewhere because I'd be burning bridges, but if you have a darn good job, I'd really fight to protect it.



shadowboxer
Snowy Owl
Snowy Owl

User avatar

Joined: 2 Jun 2008
Age: 57
Gender: Male
Posts: 164

26 Mar 2009, 1:46 pm

My supervisor is aware of my AS. However, when I got a diagnosis in writing from my doctor,. she argued against placing it my my jacket, as it would provide "ammunition to be used against me" by my co workers. :(

As far as my union goes, I have tried to talk to the head of the union --not about this situation, but about business in general. The people who head my union simply want my dues and my vote. They don't want to have to actually DO anything to earn them. My union basically serves as a political haven for those employees who feel that they should be allowed to do whatever the hell they want & still collect a paycheck. That's why I have no confidence in them.

As a bright spot, there have been some changes to the hierarchy of my place of employment. We have a new sheriff in town so to speak, and the cw is that they will clean house & get rid of troublemakers....time will tell :wink:


_________________
"...A genious with access to unstable chemicals.
..."


zer0netgain
Veteran
Veteran

User avatar

Joined: 2 Mar 2009
Age: 51
Gender: Male
Posts: 6,784

26 Mar 2009, 2:07 pm

I can't tell you what to do, but you have a medical diagnosis for AS. Odds are 100% of what your co-workers are complaining about are related to your diagnosed disability. The law is on your side. I would be very tempted to lodge a complaint with the company's EO officer and/or EEOC for failing to provide "reasonable accommodation" by the company explaining to the complaining co-workers that you have a disability that is often "misinterpreted as ____ behavior." As someone with AS, your co-workers should be sensitive to the fact that you have interpersonal difficulties that you may or may not be able to compensate for.

Would your employer tolerate complaints against someone in a wheelchair because of how that disability makes his/her coworkers feel? No. Why should they tolerate it against someone with AS?

If you were to be terminated for complaints centered on issues caused by a disability, that should be against the ADA, and the employer would be very foolish to dismiss you for those reasons. However, it is a common practice for an employer to try and terminate a disabled person for some other "legitimate" reason (excuse) that they can actively document (often work product related).

It's your call. The chief advantage of filing complaints with the company EO officer and/or EEOC is that your documentation forces the employer to prove a termination, demotion, etc. is not an act of retaliation. I'd like to think the company would do the right thing here if they realize the problem is centered on co-workers being insensitive, but you never know.

In any case, start documenting everything you do in this matter from this point forward. Document as much as you can about past incidents. I hope no matter what you do that the company comes on your side and works something out before its a big mess it doesn't need to become.

Good luck.