FWD: Harrassment, SMEs, and Poetic Justice

["Eric J. Ray" <ejray -at- RAYCOMM -dot- COM>]

Name withheld upon request. Please reply on list.

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Here's some quick advice (NO ANECDOTES) on granting evil "superiors" their
just reward (in lieu of simply moving on and allowing the devil-boss to
poison others):

Research your rights re: harrassment and hostile work environs. Search the
'Net using the following criteria and variations thereof:

+employee +rights +hostile +work +environment +harrassment

Go to an attorney who specializes in employee rights. Most attorneys will
not charge for an initial consultation. In the consultation, the attorney
will describe your rights, explain the apparent employer-infraction based
upon the facts you present, and recommend a reasonable course of action.
Typically, initial action requires you to write a letter to the HR
department (cc: hostile knob), which the attorney can edit (via fax) for
you, describing the problem and your demands (I request that this hostile
environment be remedied at the company's earliest convenience). You rarely
need to hire the attorney after the consultation and letter, unless the
company you work for is really ignorant. Typically, you don't have to
explicitly mention any statutes, rights, or acts (e.g., Americans with
Disabilities Act); If they know their employment law, HR will catch your
drift, and they'll probably realize you've consulted an attorney if the
letter's well written.

Consider wiring yourself. Most states have a "one-person consent" law
regarding recording conversations between two people (The Lewinsky-Tripp
tapes are an example of this, 'though it may be inadmissable and/or illegal
in the state where the recording took place; MA?). Check your state's
statues. Again, an attorney can advise you on this. A microcassette
recorder works well ($30), fits in a jacket's inside pocket, and a lapel
microphone ($35) can be easily modified into some types of Pentel pen caps.
I've done it; it works great (I can post a PDF exploded-view diagram if
demand is great enough). If you can get the antagonist on tape (call a
meeting, quesiton the perp re: issues, tape it all), you've got proof
positive. Chances are, the perp will say something outrageous and
self-incriminating.

If a supervisor stalks you by car, photograph them outside your home on
various occasions. Get the license plate in the picture. Time-stamp the
photos if possible; otherwise, keep a photography log. Summon a witnesses
during each "photo session" to collaborate the time, date, and locations of
the photos. If someone stalks by phone, get caller ID, preferrably with a
printable list of callers.

Arm yourself to the teeth with hardcopy evidence (antagonistic, hostile,
and/or contradictory e-mail, etc.), a letter to the HR department, tapes of
hostile words from the perpetrator, other employee's similar experiences,
photos, phone records, etc. Start with the attorney-edited letter to HR.
Expect to be called into a meeting. Present copies (never the originals) of
evidence gladly and gradually. Expect HR to admit no fault, or to attempt
to lay blame on you; it's their job, and they know that to do otherwise
could lead to a huge lawsuit settlement in your favor. Be methodical,
unemotional, and factual. Secretly tape the meeting if you can/like (as
local laws allow). If the perpetrator denies having written anything you
present, demand that HR read the perp's e-mail (by law, employers can
access the electronic files of, and read, any employee's e-mail if that
e-mail was composed using company property/computers). Present a copy
(never the originals) of any taped evidence only as a last-ditch effort;
some companies may regard such recordings as a breach of trust or some such
thing, grounds for dismissal. Above all, remember that, in most states,
anyone can be fired without cause. After the dust settles, you'll likely
survive, but the perpetrator may be history. If nothing else, HR will force
the perp out through demotion.

Seek alternative employment all the while. Take your time and select a sane
employer. After critically wounding or destroying the demon, move on,
leaving a legacy for your healing former co-workers.

Rest assured that, in most cases, bad bosses and evil people generally sink
their own ships over time, with or without your help. George Mena's right;
the perp's probably incompetent and/or unqualified. Such folks can't
continue their charades indefinitely.

Alternatively, make no waves but quietly seek a job with a real employer.

Good luck!


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