Verbal & Physical Abuse On Job Site
I work for a new car dealership in NY State. I am in the position where I have authority over the mechanics in the repair shop, but no actual title as manager, etc. I am the dispatcher/service advisor. I, alone, give the mechanics most of their job assignments.
Recently, I was assaulted by one of the mechanics on the job site. This assault resulted in the necessity for me to call 911 and have the employee removed form the work place by the local sheriff's department. The dealer principal was made aware of the incident and, to cover him self, he asked for and received statements from me and all witnesses. The mechanic was terminated from his employment although he is allowed to return to the job site at will for "visits."
Prior to this incident, I had made the dealer principal aware of the verbal abuse and threats I had been receiving by this employee and also verbal abuse by another employee who is also a mechanic.
The verbal abuse continues to this day by the remaining mechanic where he will, at times scream profanities and throw papers, etc. in my direction. I have also made the dealer principal aware of this verbally and, now, in writing.
Do I have any recourse in this matter and, is the dealer principal in any way responsible for the physical assault or the continued verbal abuse I experience? He will not terminate the remaining mechanic despite the verbal abuse.
Answers (1)
If you get hurt on the job because of the mechanics, you would be entitled to Workers' Compensation benefits. If the work environment chronically poses a threat to the physical safety of employee, maybe the employees might have certain rights to protection under OSHA. Beyond that, you have few rights, unless . . . .
The fact of the matter is that in New York State non-unionized employees have very few rights. A non-unionized worker certainly DOES NOT have a right to a workplace that is free of abuse. It doesn't matter whether the abuse comes from co-workers or management.
Unionized employees have greater rights, but only because of the collective bargaining agreement. I believe most CBAs would make the situation you describe a grievable situation, although unions sometimes have trouble acting when the offending employee is also a member of the union.
The only onther way I can think of perhaps dealing with the situation is if the situation falls under the anti-discrimination laws. This, of course, starts getting into the motivation for the offending employee's behavior. That is, why is this employee acting this way? If the answer is something like race, national origin, gender, religion, age, handicap or sexual preference, then there might be a way of addressing the situation.
posted by David M. Lira | Jan 16, 2006 10:39 AM [EST]
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