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  1. my apologies.. would have stated that above in my initial post but.. it was already a "novel" and some info slipped by me in typing, as I was trying to put it all down the first time around..
  2. the fact that I am a female, that was originally hired to do apparently.. "a mans' job", as my Super had put it to me in one particular conversation, shortly after being hired.. Considering that I'd been hired yrs prior by a different company,to do the exact same job/ contract, doing the "mans job", well, and very successfully I may add..... so, yeahh, well.. I'd say that that is pretty discriminatory.. as, soon after, as well being subjected to all this other harassment and bs by my super, co-workers and ignored by HR when making formal complaints about these problems and problematic employees with this present company I am working for..
  3. tried to shorten this.. as some apparently don't want to waste their time reading more than a paragraph at a rip here, not trying to waste peoples time here, on the internet, just looking for real legal advice on if I has enough grounds to pursue this legally or not, thank you to everyone who takes the time to read this and respond with some actual legal knowledge
  4. My supervisor now, by the way, is not putting me on nights accept for Friday nights when he "needs' a female employee on, the mon-thurs is covered by another, that I helped getting the job.. We used to cover the night shift together Mon-Thursdays..
  5. ok so, I was hired by my company by one guy who did my interview.. loved my resume, skills AND the fact that I'd already "run" the building they were looking to fill the spot of their crew leader for, 20 yrs prior and had held the contract for approx. 6 yrs till I had quit to stay home and raise my kids; Once I'd started, I was told by my immediate supervisor that the original guy hired for the spot as crew leader had, "changed his mind" and decided that he wanted the spot; ok.. I was still getting paid the same pay so I figured no big deal.. My very first night, my "crew leader' left me standing in the hallway, with "no direction as to what to be doing, as he apparently left the building to smoke in his car.. even though our sites' campus policy clearly stated "no smoking" ANY where on their property... luckily, like I'd mentioned, I knew what I should be doing so I went on my way to do the work at hand.. Another co-worker asks me where this guy is, I say.. IDK, maybe outside? It took an hour before he'd come back in and stunk of not cig but of the cannabis smell, another "whatever" I figured at that point; he proceeds to follow me around while I did his work for the rest of the night (approx. 2 hrs of work); Onto the next night.. same kind of scenario..; a week goes by of the same kind of situations, where he leaves me, takes a co-worker even and goes outside and smokes his funny stuff, eventually, our supervisor asks me how things are going.. I was honest with him (accept about the specific "smoking" problem).. he seemed surprised at first but not doing anything about this guy and his lax work ethic; the next night my "crew leader" comes at me, literally sneaking around the building as to not be seen by our supervisor, gets right into my face screaming at me, calling me a liar, a thief and a sneak that's trying to steal his job.. he then tried to "dangle" info about me over my head as a weapon of sorts.. I said, well, lets just take it up with our boss then, (as I am not going to play that kind of crap with anybody..) he didn't want to, but I said I was going anyways, he may want to come along and talk about this with our boss.. So the confrontation explodes as I brought it to our boss and told him about this guy getting in my personal space, acting threatening and calling me different kinds of names, then told him that the co-worker was threatening to tell him that I'd let another co-worker leave early the night before.. (she was done and wanted go home, it really wasn't a big deal at all, lol).. Our Super- didn't care that I let her go home early, my co-worker go t so mad at this and starts yelling I'm a thief and a cheat and a sneaky job stealer again.. that was when our Super- decides then and there that no ones going to be crew leader, the job is off the table for everyone at that point; even with that, the 30 yr old "crew leader" huffs, crosses his arms and pouts sitting, hautily saying, "fine, just give HER the job then, I don't want it anyways.." (yeah, a very grown up 30 yr old african-american indeed (mind you, yes, I am middle-aged caucasion woman, 46 yrs old..) he, the then "crewleader"? starts yelling at me again.. "you can't just come in and take someones' job ya know, you need experience and time and.." (even though, he'd hummed and hawed over taking on this position for the past 2 weeks that I'd been there plus the month prior when he'd originally was hired for that site) that was when I explained to him that I HAVE ALL of that plus.. I know the building, the customer and have an actual work ethic...He finally shut up and left in a huff.. Oh what great timing as, shortly after this blow out, I wound up breaking my leg at home within the end of the 3rd week, called my work to let them know what'd happened, my super said, "..oh, no problem we'll figure it out, by the way.. You have to come to the main building for a safety training course (required to be that same day I was getting the cast put on my leg..)" I said I should be able to make it up there, but may be late as I had the appt for the cast to be put on, was it ok to be late? he said no problem; I made it to the safety training, met the rest of the immediate staff, met the next up Manager and our HR officer, once the safety meeting was over I'd discussed the situation that had transpired with my crew leader to her.. she said they were going to "handle that", as she put it.. So, I was out for 3 more weeks and got a call from my super, asking.. how am I doing? Am I coming back? and how long until i'll be back if I am.. I told him the whats what.. he says ok, no problem.. So, I am back to work, YEAH, my co-workers tell me about how one of our crew when on a stealing spree and was fired after she drove her car with all the stolen property in it into the jobsites pond..( My supervisor and I had "discussed" her and her behavior before I'd even been out with the broken leg, she was popping pills of the ADHD kind.. he said he knew she was on some sort of meds, she'd told him she sees a psychiatrist and he gave her a script and that "he had this", apparently not, she literally was bouncing into the walls the one night before I was out on medical leave.. ) Sooo, yeah, ,our contract as I came back was on "eggshells", we could lose it at any next bad move/mistake on any of our parts individually and as a whole.. Sooo, my Super- asks me to be the second set of eyes for him while there.. report any bad behavior, work problems, funny business to him, and .. no ones' to forget their safety gear, etc, etc.. "Got it boss.." seemed like I was made crew leader without the actual title.. The other guy, yes, was still there.. So, it has been approx. 4-5 months now and my boss is always asking but is never doing anything about this guy that keeps doing the same stuff.. leaving early, coming in late, stealing company time, "hanging out" in his car..etc. etc.. a few times our boss had pulled him aside and reprimanded him in front of everybody, the guy turns around and goes outside while the boss is still in sight even, then once gone comes back to me and starts yelling at me about how I am just a bitch, sneak, etc.etc.. I finally had had enough and asked if I could be put on days if there was nothing to be being done about this guy, I cannot keep seeing these things he is doing, intentionally, honestly.. it was starting to "get to me" some...) My boss agrees and drags out about 2 months worth of time (sept & oct.) before finally giving me some day shifts to work.. sticks me with working the morning AND night shift for Saturday and Sundays and covering the day guys "day off" (the weekend night shift got pushed on me as the Super- pushed the original weekend night shift guy to quit when his car broke down..) originally he actually asked if I would cover the first weekend night shifts but then it just got "put" on me.. soooo not done yet.. lmfao, working the past 3 weekends with the day guy.. he pulls me in for coffe and chit-chat.. places his cell on the table between us and fiddles with it a bit on the screen and places it back down.. he starts with.."sooo, I hear you and "John Doe" (the nightshift "crew leader" are like oil and water, he's such a bad boss, I'd never work under him, he sucks, etc.. etc.." The first time he'd done this, I didn't get the "click".. and agreed that this guy was not capable, non-ethical and just plain lazy.. The second day we worked together.. the same thing.. exactly.. next weekend.. same thing, my boss asks me.. is the day guy doing his job? Can I "shadow" his work, let him(the Super-) know what he is and isn't doing, go behind and do his work that he hadn't done..? Not considering that my boss is "playing" me, I said yes, but just what/how should I be doing this? If this guy knows I am following him around.. he'll know I am watching his work, he wont do what he typically does (or doesn't do).. my boss states, to "work" specialty work if he asks me why I'm in his area.. ok.. whatever.. I do this, I report it all back to the boss... boss even asks if he goes out to smoke on the property in his car..? I say, well.. kinda hard to know unless I walk out there with him.. I can smell it on him but that doesn't prove it..(I know I'd have to actually see him smoking to say something like that to a boss... just like I'd never mentioned the other guy smoking the cannabis In his car.. I just would state that he'd go to his car and be there for about an hour or so.. after a while though, he'd drive out to the main road instead..) If I never actually SAW it, I cannot re-iterate it, I don't make things up nor lie..) Anywho, I never mentioned that I absolutely DID smell a fresh cig stink on him either the one time he came back inside from 4 different "car breaks" in one morning shift but, did mention that this guy told me specifically.." You can smoke in your car, just don't put your windows down for anyone to see the smoke coming out.." (still not allowed on campus though, go figure..) I tell this guy,'"if I smoke.. I will drive off site, but thanks.." I then re-iterated that statement to our boss as well, as per the bosses request.. the following weekend we'd worked together yet again, and yet again he asked for us to sit and chat over coffee, "it helps kill the time.." as he put it when I said," nahh I got other work that needs to be done.." he presses it/me.. "c'mon.. just for 15 minutes..." I say, ok.. a quick coffee.. " He proceeds to say' "Just so ya know, I AM the type of guy.. that if YOU **** me over, I'll **** you back..", oh.. now this is getting interestingly uncomfortable.. he then proceeds to fiddle with his cell a gain and places it on the table.. "So yeah, that "John Doe", he really sucks.. he has no right even being here, shouldn't he be fired by now don't ya think..?" I am getting what's going on finally.. "I don't care, I don't wanna care, and am tired of you bringing him up in every conversation we have.., I just want to work, with out all this BS drama that continues to go here.. I DONT CARE, let it go all ready, please.." he gets a bit grumpy-faced and begrudgingly agrees.. we talk about tv or whatever, and he somehow tries to swing back to work relations.. Our Super- is next.. "So.. our bigger boss.. he's kind of Bullshit hunh, he never gets back to ya when ya need him, etc.." My response, "Well, I feel for him, his wife is going through Gall Bladder cancer so I'm sure he's got a ton on his plate right now.. I actually feel compassion for him, it must be tough trying to balance work and home right now.." He looks surprised at my response and starts flustering his own compassionate statement as well, picks up his cell and starts tapping the screen some.. (I've figured it out that he's been recording our conversations with his cell, not sure if he's doing that on his own or by our Supers'- request honestly..) I tell him I have to get back to work, and that he may need to do the same.. He agrees, and takes off... The next day, I completely stay away from him, and do my work, his work that he never does which technically has been the new "normal" since we'd started working "together" and left before him even for the first time.. I notice the following weekend when I come in, on our sign in sheet that that last day we'd worked together he'd claimed a 6 hr day, even though he's never "worked" a 6 hr day, ever... before; he basically stole some company time that day.. So, the usual morning, I do my work, his work, he catches me for coffee at the break room.. This time.. I pull my cell out, fiddle with it some (yup, set up the recorder..) place it on the table after closing the screen so it can't be seen..) This time oddly enough.. He says ABSOLUTLEY NOTHING about anything work related, hunh, go figure.. We made small talk, he never mentioned coworkers, bosses, my kid or anything that he'd brought up before... Amazing isn't it?! In between all this BS, Thanksgiving and Christmas had came and went, my boss waited till the night before thanksgiving to ask me to cover the holiday shift.. I said yes, begrudgingly but knew I needed the extra hrs, as I was not making the hours I'd originally been hired for, once half way through the shift my bosses texts me.. "Get in and out quickly "please".. " my response.. "Am I even getting holiday pay for today? If not, it be nice to get paid a full days pay at least for covering the shift so last minute.." I got no response.. I tried getting ahold of him several times through the next month where as he's completely ignore my texts and phone calls.. He'd contact me if he needed me for whatever shift to cover, but would never answer any of my questions or when I asked for my shift schedule for the following week.. that has been ongoing to the present even, including today.. So, going back to the dayshift guys lovely chitchat/coffee time(s).. He mentioned 3 different times, on 3 separate occasions, specifically AFTER our Supervisor asked me to shadow him.. "I'm the type of guy, that if you **** me or I think you've ****ed me.. I'll **** you right back.." The last time he's said it, he even asked what my oldest sons name was as he knew that my son worked directly for the company that we subcontract cleaned for.. I know I made a face of concern as I'd asked why he wanted to know such a thing.. he responded with, Oh I just wanna say "Hi" if I see him here.. what does he look like?" . As if I'm gonna tell him any of that after his statements of "You **** me, I'll **** you.. "Threatening me?? ..and now asking about my son, oh I don't think so.. This is when I finally said something to our Supervisor about this guy and his indirect direct threats.. He said he'd look into it.. I told him that wasn't good enough as nothing was done about the other guy when they said "they'd take care of that", that guy still gets in my face every so often when I work the night shift.. Our company has a no-retaliation policy and they have done nothing about any of my complaints about the first guys harassing me and now this..?! I said I wanted to make an official complaint with HR, he took a written statement from me 2 weeks ago... So, I haven't heard anything back from anyone as of yet, and had seen that the one night after my Super texts me, "Are you at work tonight?!" even though he knew I would be, I responded with yes, we talked about me being here tonight last week, I get no response from him, 20 minutes later he is there, proceeds to have a "not-so-private" meeting with 2 other co-workers where-as he's having them sign some sort of forms.. in a room together that I was not allowed into while this was going on... I texted him tonight, asking why I haven't heard anything from HR as of yet, and asked if he had turned in the statement he'd requested me to write out (he'd suggested/requested that I write it in front og him and that he'd seal it in an envelope and take it to HR himself... (I sealed it myself after writing it at home and made a copy for myself and sent in the copy but kept the original) Again, no response, even though I 'd texted just before that question a bit of info about the building that needed a heads up that he'd quickly responded to with a "thank you" text... I feel that this guy, the Supervisor , is trying to cover his own ass on the liability part and not responding as he doesn't want to acknowledge anything in a statement like a cell text that can prove he'd received/acknowledged any of this.. I have all our texts where he did acknowledge certain things like him having me shadow this other guys work, and the many complaints of them (both co-workers) stealing company time, etc. as per his request, I know he is trying to make it seem to look like I have been reporting others on my own free will but, it is not the case.. He specifically asked me to be his eyes and ears and what not, it also feels like the company is trying to get me to just quit, I know our manager is aware of these things as well as HR, and no ones' doing ANYTHING about any of it except ignore it and make me out to look like an assshole /bitch.. Which was yet one more thing the day shift guy had specifically said to me actually.. "Ya know, I don't care if everyone else at work calls you a bitch, I think you're cool..." waited a few seconds then said.. "hahaha just kidding.." I feel that this is harassment, I also see it as discrimination on a certain level, as I was originally hired to be the crew leader than it was pulled out from under me, this guy who works day shift had mentioned "in passing" that they gave the crew leader position to the other guy anyways after a few months... (could be he was lying just to see if I'd get pissed but seeing how the company and these guys work.. I would not put it past them..) I have 23 yrs experience in my field, have an excellent resume, and have never had a problem with any other job I'd been in, I have been a Supervisor, a crew Leader, Building Supervisor and a crew/contract "fixer" over ALL my years in the Janitorial field, I have quit a few for these kinds of reasons before though and am tired of this kind of macho BS and being "bullied"out.. I am tired of being pushed around by those with the" it's a guys job" mentality.. I do the work of 3 men where I am now and always have been capable of such, I also do quality work and give our "customers" only smiles and a great attitude in the workplace AND I have many who would be character witnesses to ALL of that if needed.. I feel/think I do, but I know.. laws very state to state.. SO... what does anyone think.. Do I have a legitimate Harassment/Discrimination claim here or not?! Sorry if this seems super long but, I feel all this above info is pertinent to my "situation".
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