Legal Question in Employment Law in Virginia

employement law

I recently was suspended from job for using the ''f'' word when speaking to another employee. It was during a very charge situation. We were about to fight a fire on a piece of equipment in a factory. The employee has masterfully conducted a two year campaign of bullying and harassment. Went to H. R. twice and wrote one letter. No witnesses want to come forward. I

am slam worn out have to deal with this man that I blurted out one word and now ''I'' am in the street for 28 days now. I was under a great deal of stress in just having to be around this man while at work. Where we work - a blue collar factory - would never be mistaken for ''Bank of America.''

The union will probably get my job back but I could never survive another hit like this... the problem employee and I have been with the same company some 29 years. I want to go legally after the company and the employee who will not get off my back. Please send feedback.


Asked on 2/26/07, 6:17 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: employement law

Whatever recourse that you may have against your employer for your suspension based upon the incident which you've described would likely be found within the terms of your union negotiated collective bargaining agreement.

And, unless the harassment by the employee was specifically directed at you as a person protected under at least one of the federally protected statuses described in Title V11 of the Civil Rights Act of 1964, such as sex, race, national origin, religion, etc., it's very unlikely that you would have any recourse with respect to your harassing fellow employee for the conduct described. However, if this fellow is such a pain to work with, your request to your supervisor for a transfer would seem quite reasonable under these circumstances.

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Answered on 2/26/07, 4:02 pm


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