Is this a form of harassment?
I work as a server at a BBQ place. I work with this girl Amy that is a big girl. She is super nice and everyone loves her. Last night I was off and I guess things got very busy. The kitchen was losing orders and everyone was upset (workers and customers). Amy asked for a tables order from teh kitchen several times and the last time the cook got real nasty with her. He said you stupid fat *****. She then got very upset and began yelling at him and threw a little spiral notebook at him hitting him in the arm. The manager sent them both home and Amy may lose her job b/c she threw something at the guy and hit him. But if they don't discipline him can't he get in trouble for making fun of her for being overweight?
Answers:
While I probably would have thrown something at the guy too, it wasn't the right thing to do. If she does lose her job, it will be justified because you just can't do that. The cook also should be disciplined, but his offense was not as serious as hers, at least that's how the management will view it. I hope Amy is ok. People suck.
Well unfortunately, the law looks at anything physical as being worse than anything verbal. So while he should be reprimanded for saying such a cruel thing, and even though he DESERVED her throwing a book at him, she may actually get in more trouble than him. What she needs to do is:
apologize to her boss and her coworker (even though she doesnt want to, its the professional thing to do)
Speak to her manager if he says anything cruel like that again
Not be insulted when he says horrible things. Obviously he is a troll.
Thats it. If she handles things in a more professional manner, people eventually will notice there is something wrong with that guy who works in the kitchen.
She will have to ask herself whether that is a job she wants to fight to keep. It sounds like a hostile work environment, what with the cook and the manager (who did, however, send them both home, not just her). But she also did overreact. If she had just spoken with the manager instead of throwing something, she would have more of a leg to stand on.
it certainly could be! verbal abuse yes... i think she would have a very good case.
She might have messed it up for herself by throwing that book, even though the guy deserved it. She could have kept her cool and just gotten him fired -- seems like he was on the way out anyway if the kitchen can't keep it together.
Certainly that cook saying that to her is a form of harassment, but it wouldn't hold up in any kind of lawsuit. Seems to me that her best bet is to try to work it out with her boss.
well, everything depends on the performance records of the both emlpoyees. It's up to the manager either to suspend or fire them both. The girl did wrong when she threw that object at the cook, if she hadn't, she would be out of question now.
So, she must talk to the manager before the cook will. as everybody knows, the best defence is attack
good luck
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: