A community of 30,000 US Transcriptionist serving Medical Transcription Industry
HOSTILE work environment -- MUST read !! (sm) - deadmttyping
Posted: Mar 03, 2010
There’s just a handful of ways in which you can define hostile work environment. Any act of sexual harassment on the part of bosses or co-workers can be viewed as hostile. Any act or remarks that are overtly discriminatory regarding age, race, gender, sexual orientation, or disability are also considered to create a hostile work environment.
The other way a hostile work environment may be defined is when a boss or manager begins to engage in a manner designed to make you quit in retaliation for your actions. Suppose you report safety violations at work, get injured at work, attempt to join a union, complain to upper level management about a problem at work, or act as a whistleblower in any respect. Then, the company’s response is to do all manner of things to make you quit, like writing you up for work rules you didn’t break, REDUCING YOUR HOURS, reducing your hours, scheduling you for hours that are in total conflict with what you can do, or REDUCING YOUR SALARY. The company’s reaction can be viewed as creating a hostile work environment, one that makes it impossible to work and is AN ATTEMPT TO MAKE YOU QUIT SO EMPLOYER DOES NOT HAVE TO PAY UNEMPLOYMENT BENEFITS.
call your LABOR BOARDS and LAWYERS !!!
but... - and I mean butt....
[ In Reply To ..]How is our boss engaging us in a manner designed to make us quit in retalization for our actions.
There is no retalization. We did not whistleblow and now they are cutting hours, cutting pay, etc.
This does not qualify if you read it.
no, I think it does apply (sm) - deadmttyping
[ In Reply To ..]No, not retaliation for whisteblowing BUT they are still trying to make us quit (in my opinion) probably to avoid having to pay unemployment.
Also -- They just announced buying out Spheris, so eliminate QA employees, and penalize us if we go over 10% submission. they have their "reasons" for reducing pay and other things mentioned in that definition -- so it is still HOSTILE work environment, don't you think? I'm calling my lawyer toot sweet !!
Work Environment - oops
[ In Reply To ..]I am contacting a lawyer also, and I was using the term hostile yesterday too, but I keep thinking there is another legal term that has to do with the environment becoming so stressful as to inflict injury, mental or physical. Can't think what it is but I am looking into this.
How about HARASSMENT? - CA-MT
[ In Reply To ..]Aren't they doing just that to us to make us so uncomfortable with the new job description and uncomfortable salary so we have no choice but to quit?
How about when a company hires you to do a specific - job, and then makes doing it impossible?
[ In Reply To ..]Impossible dictators, slow software, getting pay dings for mostly *subjective* discrepancies the QA-Monkeys call "errors" or "HIPAA violations", pay reduced to below minimum wage, and all sorts of underhanded, illegal diddling around with the *documentation* of hours worked. (i.e., you work 12 hours, but must call it "8" on your time documents).
How would that be classified? If it's only happening to us older workers, (and we can prove it), then of couse age-discrimination comes into play. But if they're doing it to everyone, is it harrassment? Or is it just business-as-usual for a large, money-hungry, worker-squashing business?
How about disability? - NOMO
[ In Reply To ..]I no longer work for Q and I am so thankful for that. But how about trying disability, stress, PTSD from being forced to scrounge, make ends meet, put up with Qs never ending junk. I swear I got to the point of always getting the same terrible dictators no matter when I signed on that I was getting PTSD if I had to hear them one more time! Being away from the Q, I find myself in my new job of "waiting for the other shoe to drop" or NJA or getting terrible dictators, just waiting for them to be like the Q. They are not thank you God! but I know the way I was treated at MQ and all of their policies and ideas, I carry that with me into my new job, thinking every employer will be that way. PTSD, stress, physical and emotional illness. Isn't that a characteristic of PTSD, no longer able to function in a manner you once were due to repeated stress and abuse? Or how about finding the judge's email who approved MQ bid for Spheris or the newspaper journalist who wrote about it and send them an email with what you deal with. Abuse cannot happen in the light.
The legal concept you are referring to is - constructive termination
[ In Reply To ..]"Hostile work environment" is a concept that is typically more related to discrimination.
However, the ideas are related. If an employer creates an intolerable work climate or changes the conditions of work in an effort to "force" an employee to resign involuntarily, the courts can construe that the employee was terminated (hence, "constructive termination).
This finding that the employee had effectively been terminated would then form the basis for a legal action on the grounds of wrongful termination, and might also be taken into account by a state's labor department in states where a "normal" termination would otherwise disqualify you from unemployment benefits.
Good job! Still waiting for THE CALL back. - Shining Light
[ In Reply To ..]I was just going to post Constructive Discharge. This is from Missouri Law.
Being forced to quit a job
Sometimes a resignation is not really voluntary choice. Sometimes we are forced to quit jobs due to mistreatment. Was our resignation really a “firing without good cause” through being “forced to quit”?
“Constructive Discharge” is a legal term meaning that you actually quit your job, but if you meet certain standards then the legal system might treat your resignation as if you were actually fired without good cause. Being fired without good cause is an Adverse Employment Action required by many laws before you have a case, but a truly voluntary quit is not.
Persons who voluntarily quit might not have strong legal rights, but persons who are “constructively discharged” might have strong legal rights in some circumstances. But be very very careful before you say “I quit” - get legal advice first.
http://www.timslaw.com/constructive-discharge.htm
Small correction - sorry
[ In Reply To ..]I meant to say (with regard to constructive termination) that this might be taken into account by the labor department in states where a voluntary resignation would disqualify you from unemployment benefits.
I should also have said this to any MTSO's (or their representatives) who might be reading these forums:
There seems to be a fairly pronounced deterioration in the transcription employer-employee relationship, industry-wide. Certain companies seem to believe that they are immune from many of the established principles of employment and labor law - and perhaps even previous IRS rulings.
Not only because I am qualified to speak in this area by training, but by experience, I urge you to listen to me when I say that the chickens DO come home to roost, that there is nothing you want LESS than a labor investigation. There is nothing you want LESS than an IRS investigation. There is nothing you want LESS than a lawsuit that one employee wins but which others will follow.
You think that you're being clever. You think that you're sliding through the "cracks" in the law. Sooner or later, that "crack" is going to turn into a "nutcracker", and it's going to be YOUR nuts that get cracked.
Pay now, or pay later. It's the rule that only fools ignore.
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