Legal Question in Employment Law in New York

I have been at my job for 10 years and have repeatedly been harassed by a particular supervisor of mine. it has been in many forms, directly put down in front of my co-workers (I am the shop steward) and he has also told co-workers to stay away from me and anyone associated with me. several new employees have been told that their jobs are in jeopardy if they continue to ask me for advice or hang around with me while on breaks ect... he and his 'group of friends' that are the same level employees as I, will make remarks as to 'something' in the room smelling and inevitably one of them will walk behind me and say something to the effect of yes, your right, its coming from over here and then spray perfume or air freshener in my direction. Just for the record, I shower every morning before work and use deodorant/light perfume.

I can list many many things he has done or caused to be done in the past 10 years. I have reported this time and time again, but because they do not do it when anyone is around that is not part of the group, and they always have a different story, it never seems to go anywhere.

last week, i was in the office and bumped into a co-workers mouse and when her computer screen lit up it was on her email. i normally would just close the window/computer down but noticed my name being mentioned and curiosity took over. there was email after email between this co-worker and my supervisor stating that i stink, no one at my table in the break room had washed our A$$es in weeks, that my hair is disgusting, laughing at the boots i wear, and even about my where abouts and time punches. i had been ill that morning and they were talking about that i was faking being ill but that i was SICK looking.... very degrading comments about the fact that i live in a mobile home.... and the list goes on....

after taking some pictures of the screen with my cell phone i closed out the computer and left in tears.

what are the possible repercussions of my taking photos of the emails? i am planning on a meeting in the morning with the director of our department but am worried that somehow the supervisor can twist this around and i will be in trouble for taking the pictures.


Asked on 12/30/12, 3:47 pm

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

As you are the shop steward if "he has also told co-workers to stay away from me and anyone associated with me" and "several new employees have been told that their jobs are in jeopardy if they continue to ask me for advice or hang around with me while on breaks", that could be an NLRB violation on the company. It might be good to raise this with the union higher-ups.

The personal statements made between the workers is on company computers and company property and is part of the company's assets, they are not personal to the writers as they are done on the office computers. The liability on your part for viewing and recording them would be under the control of the company, its handbook, directives or other supervisory materials. Though I don't think it improper for you to look at the email left open, it seems to be bad form to look through your co-workers other emails unless you are that persons supervisor. on the other hand those comments and the actions of the workers does create a bad work environment and it is upon the company to correct it. Without further facts or review of company policies I cannot say if what you did was legally wrong.

However as shop steward reporting the personal comments to the company does put you in an awkward position as your job is to protect all workers jobs. It is a moral dilemma that I cannot provide further guidance on.

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Answered on 1/03/13, 6:21 pm


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