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  #1 (permalink)  
Old 08-28-2007, 03:55 AM
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Join Date: Aug 2007
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Default Sent a verbally abusive email from employee

What is the name of your state? CA

I am the asst. manager at a small privately owner retail store. The environment isn't very formal and the relationship between managers and employees is more of a friendship than a boss employee relationship.

Recently I have not been getting a long with one of the employees and tried to confront her about it and asking her to keep her personal feelings and attitude towards me from the work place because it has become uncomfortable for myself and other employees and I didn't think it is appropriate behavior.

I spoke with the manager and we agree it would be best to all sit down and talk things out to resolve what ever her issues with me were. She told the manager she agreed to talking things out with us and coming to some kind of resolution.

However I came home to find a 3 page email from her cussing at me, calling me all sorts of names, and basically talking down to me and telling me how she doesn't like me as a person and listing the reasons why.

Even though as assistant manager I do not have very much authority but I don't think an employee should be aloud to send me messages life that.

I am now very uncomfortable with the idea of working with her and was wondering if there are legal grounds for her to be fired over this? Or anything I could do about this situation?

Thank you.
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  #2 (permalink)  
Old 08-28-2007, 07:05 AM
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Join Date: Nov 2006
Posts: 456
Default

Quote:
Originally Posted by lil_bella_girl View Post
What is the name of your state? CA

I am the asst. manager at a small privately owner retail store. The environment isn't very formal and the relationship between managers and employees is more of a friendship than a boss employee relationship.

Recently I have not been getting a long with one of the employees and tried to confront her about it and asking her to keep her personal feelings and attitude towards me from the work place because it has become uncomfortable for myself and other employees and I didn't think it is appropriate behavior.

I spoke with the manager and we agree it would be best to all sit down and talk things out to resolve what ever her issues with me were. She told the manager she agreed to talking things out with us and coming to some kind of resolution.

However I came home to find a 3 page email from her cussing at me, calling me all sorts of names, and basically talking down to me and telling me how she doesn't like me as a person and listing the reasons why.

Even though as assistant manager I do not have very much authority but I don't think an employee should be aloud to send me messages life that.

I am now very uncomfortable with the idea of working with her and was wondering if there are legal grounds for her to be fired over this? Or anything I could do about this situation?

Thank you.
You don't indicate if the email address is a work one or personal one. If it's a personal account, I'd suggest either blocking the sender or discontinuing that particular account. If in fact it's a work email and this message was sent during working hours, that's not exactly appropriate use of company time. I agree with your manager in that this sounds like something that needs to be addressed in a meeting between you, the co-worker and the manager as both arbitrator/witness. Whether or not someone "likes you" isn't grounds for termination; rather, work performance, employee honesty/integrity and ability to work well with others in the workplace and the like should play part in the manager's decision to retain or release an employee. Keyword: the manager. This isn't your decision to make.

Personally, I'd use this email to request an immediate conference between the three of you. Obviously, something needs to be cleared up as soon as possible. If for whatever reason, the ill-feelings aren't resolved, I would also limit as much contact with the co-worker as is possible and maintain a strictly professional relationship during working hours. If, in fact, the co-worker persists with additional unwanted (and unprofessional) emails, I'd then suggest forwarding this correspondence directly to the manager requesting his/her intervention. Just a suggestion here: working in a smaller workforce sometimes requires a bit of diplomacy. I'd recommend you address the email directly within your conference but I'd also caution against 'taking the offensive.' There are obvious ill feelings here that I think should be addressed (without accusation) but in a tactful and professional manner. (That's where the manager comes in.)

In answer to your basic question, the fact that 2 employees have an obvious dislike in itself aren't grounds for termination. It's how the 2 perform their job duties, contribute towards the rest of the workforce (how they "get along") that can result in dismissal of one .. or possibly both.

Good luck.
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  #3 (permalink)  
Old 08-28-2007, 09:01 AM
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Join Date: Nov 2006
Posts: 1,388
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Quote:
Originally Posted by lil_bella_girl View Post
What is the name of your state? CA

I am the asst. manager at a small privately owner retail store. The environment isn't very formal and the relationship between managers and employees is more of a friendship than a boss employee relationship.

Recently I have not been getting a long with one of the employees and tried to confront her about it and asking her to keep her personal feelings and attitude towards me from the work place because it has become uncomfortable for myself and other employees and I didn't think it is appropriate behavior.

I spoke with the manager and we agree it would be best to all sit down and talk things out to resolve what ever her issues with me were. She told the manager she agreed to talking things out with us and coming to some kind of resolution.

However I came home to find a 3 page email from her cussing at me, calling me all sorts of names, and basically talking down to me and telling me how she doesn't like me as a person and listing the reasons why.

Even though as assistant manager I do not have very much authority but I don't think an employee should be aloud to send me messages life that.

I am now very uncomfortable with the idea of working with her and was wondering if there are legal grounds for her to be fired over this? Or anything I could do about this situation?

Thank you.
You stated that you addressed the subject of the issue between you first. This, obviously, entitles the other person to reply. Freedom of speech is alive and well, even in email. The other person is allowed to express a dislike for you, and "talk down" to you if they wish to. I am not certain that actually cursing and profanity is protected speech--the Communications Decency Act makes it illegal to send correspondence that says things such as I received in my email from a crazy woman stating "I am in your town watching to put a stop to you". Obviously, this is a threat, one the police took seriously and acted accordingly. However, curse words you hear on TV written in an email may be entirely different depending on the context.

While you are complaining that the person you raised the issue with RESPONDED to YOUR comments in an email, have you given any consideration to the alternative? They COULD have taken the issue up with your coworkers, or posted slander about you on a message board on the Internet. Obviously, addressing you in this personal manner ( as opposed to leaving nasty notes on your car, or posted anonymously in the break room, for example ) means she intended for YOU only to hear and understand her feelings regarding you.

The fact that she doesn't like you isn't a crime and also isn't grounds for termination unless she signed something stating "I promise not to think or speak badly of Ms. So and So." However, insubordination to a superior CAN be grounds for termination. Turning this matter over to YOUR superior, as you mentioned, is obviously the right thing to do.

Bottom line: She is entitled to speak, write, or express HER personal opinion of you since, in fact, YOU innitiated the discussion and addressed the issue with her in the first place. I believe her putting her comments in writing was a wise thing to do so what she said could not be disputed later, AND it gives YOU proof, if indeed any company policy was violated. She is entitled to dislike you as intensely as you dislike her. The only problem arises when it keeps either of you from performing your job you were hired to do.

Freedom of speech is alive and well. Slander, and threats, however, are not protected speech. Being disrespectful IS not illegal.
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