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Q: employer accused me of theft ( No Answer,   2 Comments )
Question  
Subject: employer accused me of theft
Category: Miscellaneous
Asked by: dar958-ga
List Price: $10.00
Posted: 09 Mar 2004 07:19 PST
Expires: 08 Apr 2004 08:19 PDT
Question ID: 314870
I came back to work on a duty to accommodate situation, my boss has
called me names from handicapped to Liar, accussed me of to giving
money to staff members(my friends) that did not have money in their
account, he has
had me in tears on many occasions.  This has been going on for 1 1/2
years. I have finally went to the Union for support. The
Superintendent has talked to him, he was my best friend for a week.
This Monday morning he came out from his office, holding a laptop
computer asking me "what do you know about this",(very aggresively) I
had no idea of what he was talking about and he asked the question
again, I tried to make light of the question by responding,,,Oh
thanks, you bought me a gift, a laptop.  He commented this is the one
that was stolen from my office in Sept. and it returned under my chair
from 5:00 to 5:30 Friday night. I said did you talk to the Custodians
they would have been hear then, Yes was his comment then he commented
well who has keys to my office, you do and the Bus drivers, (which my
husband is a bus driver). He then walked into his office. I later
spoke with the custodians and asked if had talked to them, Yes and
they said he joked about it with him and he knew that someone had left
it in his office for safe keeping. I feel he accused me of theft.  If
there any thing I can charge him with or is this just another thing
for harassement. The thing is it was a staff members computer, that I
okay for him to put in his office for safekeeping Friday before we
left the office. I was so intimidated by his delivery of questioning,
I forgot(I gave Chad the key). What do I do, the union has said they
will get me another job, which means I have to travel, at this time I
live only 3 minutes away. I have been at this job for 16 years, and no
history of any thing. Do I have to leave or should he, what is my
legal rights, I am staying home now, had enough. Thanks
Answer  
There is no answer at this time.

Comments  
Subject: Re: employer accused me of theft
From: majortom-ga on 09 Mar 2004 08:21 PST
 
When you have a union there are union-specific rules governing how you
handle complaints and chain of command, etc.  Speak with your union
representative again if you're not clear on how to complain to his
superiors.  If you think you are being discriminated against on the
basis of your disability, try contacting an employment lawyer or legal
services agency in your area. I don't think this is a question a
researcher can answer for you, but I wish you the best of luck.

- Majortom
Subject: Re: employer accused me of theft
From: louise-ga on 10 Mar 2004 05:47 PST
 
I don't think you would have any redress against your employer for
this one SPECIFIC incident, as no actual accusation or allegation has
been made (however much you feel it's being implied).  Simply asking
whether you know anything about it is not unreasonable (even though
you suspect his motives).  Also, you are at least partly at fault
here, for letting a third party have access to his office without
mentioning it to him.  You even failed to mention it when challenged. 
I understand what you're saying - that you got flustered and forgot -
but it's still going to look strange, to any outsider, that you didn't
say immediately: "Oh yes, I lent Chad the key".  I'm not accusing you
of anything, I just think it would undermine any complaint you might
make, if your own conduct, too, appears a little "odd".

However, one thing you could and should be doing is to maintain a
diary of all these various incidents.  Whilst none of them by
themselves might be actionable, you MIGHT have a case if you can
present them as evidence of a systematic harassment campaign, which
has been going on for some months.

The previous commentor is right that the Union should be able to
advise on this.  They will have dealt with this kind of problem
before, and will know exactly what the law says, and what your rights
are.  Keep them in the picture about everything that happens.

You also might want to reconsider their offer of an alternative job. 
It might be that the inconvenience of a longer journey is worth it, if
your working life is much happier.  Maybe that feels like selling out,
and letting HIM win.  But sometimes, our own health and happiness is
more important than proving a point.  If it's going to make you
stressed and unhappy to stand up to him (even with the Union's help)
perhaps you should consider walking away, and doing something more
enjoyable with your life?

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