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elliotforgames Junior Member

Joined: 13 Jun 2009 Posts: 17 Career Advice: +0/-0

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Posted: Wed Jul 22, 2009 2:39 am Post subject: Harassment on the job leading to instant resignation |
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I have come to the point in which I cannot go back to work due to possible dangers to my life. There is this co-worker who takes his pranks way too far and have threatened me on several occasions. His pranks included placing a spider on my work area and letting it crawl all over the place. He attempts to wrap me up with tape whenever my back is turned. He used the back of a box-cutter knife to poke me. Aside from this, he has made verbal threats to myself and my car.
The most recent activity was the last straw and my safety is in danger. I have not told the manager, but will notify him sometime tomorrow.
I have made up my decision; I will not return to work, I will instantly resign.
My question is, has anyone ever instantly resigned or quit? Please elaborate on your experience. |
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Pauloz Expert

Joined: 02 Oct 2007 Posts: 1160 Career Advice: +3/-0 Location: Sydney

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Posted: Wed Jul 22, 2009 4:25 am Post subject: |
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elliotforgames
These things are criminal assault, and the employer is fully responsible for any issues of this kind. Verbal threats can also constitute reasonable apprehension of assault.
Don't resign directly. Leave yourself some room to maneuver. Ring up the employer, explain the situation to a manager, and ask what they intend to do about this cretin. Say that you don't consider yourself safe in the workplace. If anything that's an understatement. You can also mention that you're considering getting legal advice.
That should get some attention. Under basic employment laws, the employer would be justified in firing this person on the spot for misconduct. If they don't do so, they're in the wrong in terms of their obligations to you under OHS (safe working environment) and criminal law. It'd be very hard to explain why they were aware of this situation and did nothing about it.
It's unlikely that everybody else in the place is unaware of this situation. They can't realistically say they know nothing about it, because the next question from a court or a cop will be "Why don't you know about it?" You've got a good strong basis for complaint, and you should push it for what it's worth, as well as getting some sanity into your working life.
This approach also covers any effects on your work record. You can be seen to have done the right thing, not quit on the basis of an unsupported allegation. |
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elliotforgames Junior Member

Joined: 13 Jun 2009 Posts: 17 Career Advice: +0/-0

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Posted: Wed Jul 22, 2009 5:12 am Post subject: |
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Thanks for the response. To clarify, the most recent activity was the spider being placed in my working area. It was quite huge and when I returned, it was already spinning its web around the walls and then crawled under the machine.
My reason for leaving is because of possible threats in the future. I feel it will get worse as I cannot reason with this employee. I have told him to stop, for example, when he poked me with the back of his box cutter knife. Although that action has stopped for the time being, he resorts to another prank. I don't know how to stop this guy; he is such an attention grabber.
I try to work on my own stuff, but he likes to come to my area. Every time he is around, I am aware he is up to no good. Although some co-workers do pranks (including myself), his pranks are much worse in my opinion. My pranks were not targetted at him and all I do is stare with another employee or do weird actions with him. I have never touched him though!
I am located in Canada and I have thought about filing a complaint. I discussed this with my parents and they support my decision not to return to work. If the guy gets fired, I will still be there and I feel it is still unsafe as he will know I was the reason he was fired. I fear he will do something to me afterwards, or wreck my car.
The problem is, I don't have much basis to file a law suit as I have no evidence of physical injury, nor do I wish to have this injury for a law suit that may not be successful. I do plan to tell the manager through the phone, but will not be on site.
I understand I have no obligation to stay there and withdrawing without notice loses my vacation pay, but is there anything else to worry about if I resign without notice? |
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Pauloz Expert

Joined: 02 Oct 2007 Posts: 1160 Career Advice: +3/-0 Location: Sydney

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Posted: Wed Jul 22, 2009 6:04 am Post subject: |
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| elliotforgames wrote: | Thanks for the response. To clarify, the most recent activity was the spider being placed in my working area. It was quite huge and when I returned, it was already spinning its web around the walls and then crawled under the machine.
My reason for leaving is because of possible threats in the future. I feel it will get worse as I cannot reason with this employee. I have told him to stop, for example, when he poked me with the back of his box cutter knife. Although that action has stopped for the time being, he resorts to another prank. I don't know how to stop this guy; he is such an attention grabber.
I try to work on my own stuff, but he likes to come to my area. Every time he is around, I am aware he is up to no good. Although some co-workers do pranks (including myself), his pranks are much worse in my opinion. My pranks were not targetted at him and all I do is stare with another employee or do weird actions with him. I have never touched him though!
I am located in Canada and I have thought about filing a complaint. I discussed this with my parents and they support my decision not to return to work. If the guy gets fired, I will still be there and I feel it is still unsafe as he will know I was the reason he was fired. I fear he will do something to me afterwards, or wreck my car.
The problem is, I don't have much basis to file a law suit as I have no evidence of physical injury, nor do I wish to have this injury for a law suit that may not be successful. I do plan to tell the manager through the phone, but will not be on site.
I understand I have no obligation to stay there and withdrawing without notice loses my vacation pay, but is there anything else to worry about if I resign without notice? |
Taking it from the top: A phone call to the manager should be quite enough. If the employer doesn't like it, they can talk to your parents as well. This person is a hazard, it's unacceptable that you should be subjected to threats, and that is the employer's problem. He'd have to be pretty stupid to do anything, if you lodge a formal complaint, particularly if you have a record of a complaint with the police, for example.
You don't need an injury to make a case out of it. A threat is a form of assault, if you really feel threatened and fear for your safety.
The problem is likely to be a resignation on your work record, with no substantiation, if you don't complain. You need something on file to explain your reason for quitting, and to show you really had a problem. That will make more sense than trying to explain to a new employer what your issues were. |
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elliotforgames Junior Member

Joined: 13 Jun 2009 Posts: 17 Career Advice: +0/-0

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Posted: Wed Jul 22, 2009 6:29 pm Post subject: |
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| The manager called me this morning because I didn't show up. I was thinking of calling him later on in the day, but I guess he was curious. I basically told him I cannot tolerate the work environment and explained to him the situation with the co-worker. I was detailed and gave him examples of the pranks he did. Surprisingly, the conversation was quicker than I thought. He said he would pay me up to the last day I worked. I wished his company well and hope he can find a replacement as soon as possible. I also apologized for leaving without notice, but there was no way I could return to the workplace and be subject to the co-workers threats. I feel if it was somehow leaked that I would be gone in two weeks, the co-worker would drive me insane up to the point I quit. As a result, an instant resignation was best. Anyways, he didn't seem frustrated at me and was quite understanding regardless of me leaving without notice. I guess this is a learning experience and will move on. |
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Pauloz Expert

Joined: 02 Oct 2007 Posts: 1160 Career Advice: +3/-0 Location: Sydney

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Posted: Thu Jul 23, 2009 12:00 am Post subject: |
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That is definitely weird. The employer should have booted that guy on the spot. He's allowing that geek to stay, but not you? My bet is you'll see headlines about that place down the track.
One thing for sure, you're definitely better off out of a place where people can do things like that and not get in trouble. Anyway, the other things you were worrying about, if he was fired because of your complaint, are no longer an issue. Sorry you had to go through this, but it really looks like it's for the best. |
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elliotforgames Junior Member

Joined: 13 Jun 2009 Posts: 17 Career Advice: +0/-0

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Posted: Thu Jul 23, 2009 6:27 pm Post subject: |
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Yeah, now I am basically back at step one: looking for a job.
I don't think it would have been a good idea if he was fired, because it would be obvious that I was the reason he is fired. I fear that he will know and come to my workplace to 'prank' me some more. Perhaps not at work, but he knows when closing time is, and I have to walk quite a bit to the parking lot. |
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