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Working Moms
EgoCommaAlter
member
Harassment around workman's comp - do I need a lawyer, a new job, both or neither?
EgoCommaAlter
member
in Working Moms
So a few weeks ago my supervisor had a very small accident at work that would've been a nonincident had she not tried to file for disability and workman's comp. Her boss immediately placed her on leave pending investigation. As I witnessed the incident, I've had to speak to Legal, Workman's Comp, etc, while at the same time doing both our jobs.
A web of lies and trying to throw colleagues under the bus has unfolded; including her attempting to blame her poor performance on me. I have been receiving some phone calls and texts at very strange hours; the few times I have made the mistake to pick up I've been berated for this or that (mostly unrelated to my job), with her telling me everyone hates me and I'm going to get fired, etc. I have expressed to boss repeatedly that because I have small children, she is not guaranteed my undivided attention if she calls me late at night or on the weekends. She's asked me some questions that her supervisor or legal is better suited to answer; I just don't KNOW.
My boss has a few times asked me to do strange stuff like file a workman's comp claim for her, misrepresent the facts, etc. I explained to both parties I would not be perjuring myself for her.
The phone calls had subsided, but are starting up AGAIN. Since we don't have HR, I called the woman I've been speaking with in legal to let her know how inappropriate and disruptive these calls are. I also explained that as I'm being treated for a severe anxiety disorder and do not want or need this extra contact. I asked Legal to please call her and answer whatever questions she had, as the situation was becoming disruptive to my home and work lives. Legal was lukewarm, telling me something to the effect of "she has the right to know about work stuff, and sometimes you may have to take calls outside of work." Umm... in the middle of the night?!
Both this woman (who I've recently learned is longtime friends with her own boss) and those several people up the food chain from me are very powerful and well-connected within our insular community. What say ye, WM goddesses? Should I get myself a lawyer, or just get my resume together? I otherwise like my job a lot.
TIA!
This discussion has been closed.
Re: Harassment around workman's comp - do I need a lawyer, a new job, both or neither?
Is she still working or is she on leave pending investigation?
Take the moral high ground, document like hell and get your resume together in case.
Also, dictate her voicemails verbatim and Email them to legal as an example of the inappropriateness.
And maybe get your resume together just in case.
Also since she is on unpaid leave I'm not clear why she needs to be involved in work.
Are you hourly or salaried? I only ask b/c if you are hourly you should definitely be getting paid for any calls you take outside of your normal working hours, so there is that as a start.
I would keep track of the times that she is calling and bring that up to your boss or to legal. If she is calling you every night at 9pm or Saturday at 9pm to talk to you about non urgent issues, then whether they are friends or not, it should be obvious that is not ok.
And I would actually ask her to email you the questions rather than call you so that you can look at them when you have a moment free and respond to her. (Whether that means responding the same evening or the next morning). I'd pitch it as her communicating to you via email after hours will help you be more responsive to her.
If not, I would email her to confirm your conversations right after you have them to document them.
Finally, if she is asking you something about her return to work or her case, simply say, "I don't know, would you like me to ask "lawyer name" call you tomorrow about that? She probably knows." If she insists that you find the info yourself, then I would still just call the lawyer and let her know that your supervisor would like someone to call her.
This way you are giving her a way to get the info and are pulling legal into the loop, without actually answering her question yourself.
That's easy. Don't return her calls.
She is on unpaid leave. She is not working and shouldn't be involved in work related things.
You need to email legal and ask "I need clarification. Since Sally is on unpaid leave pending investigation, is she to be in contact with employees regarding work? I am asking for clarification concerning discussing work with her as she has called x number of times to discuss [state specific work purpose she is calling about]. It is my understanding that as an employee on unpaid leave, she is not working on projects. If it is okay with Legal that work is discussed with her, please let me know."
Let me repeat....
DO. NOT. RETURN. HER. CALLS!
Oh I read the initial post as saying she is on workers comp leave. Maybe not?
Her boss is her friend, but placed her on unpaid leave when she filed a worker's comp claim? Confused.
What does her boss say about the phone calls? If her boss thinks she's nuts and is gearing up to fire her, then I wouldn't return the calls and I would make the higher ups aware of her behavior.
If your supervisor is on paid leave following a workers comp injury (legit or not) then I see this more as an issue of what do your actual superiors really expect you to do, and I would want to CYA more.
Coworker has a pending investigation regarding fraudulent WC claims.
OPs boss is the other coworker's friend and has asked OP to lie about previous WC claims as well as this one.
(or that's how I read it)
Legal seems to want me to take her calls just in case it's about work. And then seems unresponsive when I tell them NONE of her calls have to do with work, since she never does jack.
Then keep the texts. Don't answer. Don't call back.
Not the employee, for the love of everything, not the employer, nobody.
Talk to the head person in charge. The Head Person. Detail the issue, provide documents if you have them. Protect yourself first and foremost. Separate from this coworker. Never answer her calls. Keep the recovery records in n your phone though.
If you are threatened with your job, stand firm and advise your employer to f the consequence of the same. Demand severance over and above unemployment.....or else.
This is bullshit.