My question involves labor and employment law for the state of: Ohio
My performance reviews were always excellent with top level marks. My attendance was also excellent. I had no disciplinary issues.
So, I'm not anti-smoking but I don't like smelling it in my office. After several complaints to my direct report (and getting nowhere) I asked the office manager why they allow smoking in the building. She said that "certain people have been given special permission" as she nodded toward the owner's office. Said owner was out for the entire week, so I couldn't ask him. Because I'd complained a couple times already and nothing had changed I decided to file anonymously with the state of Ohio via their no-smoke whistleblower site. Before I did so, I carefully read that my action would be kept private and was protected under the law. I certainly didn't want to cause trouble.
Well, this is a small company. And I was found out. From that day, I was called into a meeting where it was explained to me that they were planning to post no-smoking signs and require people to go outside to get compliant. At the same time, I was berated for doing so. I explained to the office manager and the company owner that it was a protected claim and if I begin to experience harassment that I will document everything.
A few days later the office manager comes into my office, closes the door, physically corners me against my desk (nowhere to go) and proceeds to scream "f*ck you, a**hole" at me inches from my face for "throwing her under the bus". I was shaken afterwards and called my manager in for a meeting. I explained what happened, that I wanted no trouble and that I wanted to take a mental health day to recover. It was granted with the manager's promise to talk to the office manager. I had never had anyone speak that way to me before (not even my wife of 17 years!)
During that meeting I recorded the dialog. In it, the company owner said that the office manager is upset because of the "smoking thing". When I asked him what I can do to smooth things over he said all of the following excuses: "just wait a couple weeks or maybe a month", "maybe it's her time of the month", "she wasn't feeling well that week", "just be professional". When I asked why this meeting is so one-sided, he said that she feels I am specifically targeting her and she feels her behavior is justified...
Over the next month and a half l kept getting verbally harassed by the same office manager. I recorded each occurrence in a word document. After many weeks of constant verbal harassment and nonverbal intimidation (looks, delaying action), the last straw occurred after all but my direct report had gone home. The office manager was mopping up the floor and left the floor to dry. I knew she was there, so I very slowly opened to door to see if it was sufficiently dry. She screamed "No you don't, a**hole! You can't just walk across my floor. You are going to wait!" I finally had enough and said "I'm sick of you treating me like sh*t. I have the right to do what I did and you have no right to get on my case about it. All I want to do is my job and you're making it very hard to do that." She kept screaming over the top of me so I gave up, turned around to leave and said "whatever, you f**king c*nt!" My report came over to see what the yelling was about and we went outside to calm down. At no time did I threaten her or use any threatening body language; there was 10-12 feet between us the entire time.
I was fired the next week. (Because c*nt is more offensive than a**hole?). I received a 2 week severance and a request to keep working for them as a 1099 contractor and requested that I don't file for UC. However, what's happened is they cut my hours and have posted a job listing to replace me.
Should I consult an attorney or am I full of it? Thanks.
My performance reviews were always excellent with top level marks. My attendance was also excellent. I had no disciplinary issues.
So, I'm not anti-smoking but I don't like smelling it in my office. After several complaints to my direct report (and getting nowhere) I asked the office manager why they allow smoking in the building. She said that "certain people have been given special permission" as she nodded toward the owner's office. Said owner was out for the entire week, so I couldn't ask him. Because I'd complained a couple times already and nothing had changed I decided to file anonymously with the state of Ohio via their no-smoke whistleblower site. Before I did so, I carefully read that my action would be kept private and was protected under the law. I certainly didn't want to cause trouble.
Well, this is a small company. And I was found out. From that day, I was called into a meeting where it was explained to me that they were planning to post no-smoking signs and require people to go outside to get compliant. At the same time, I was berated for doing so. I explained to the office manager and the company owner that it was a protected claim and if I begin to experience harassment that I will document everything.
A few days later the office manager comes into my office, closes the door, physically corners me against my desk (nowhere to go) and proceeds to scream "f*ck you, a**hole" at me inches from my face for "throwing her under the bus". I was shaken afterwards and called my manager in for a meeting. I explained what happened, that I wanted no trouble and that I wanted to take a mental health day to recover. It was granted with the manager's promise to talk to the office manager. I had never had anyone speak that way to me before (not even my wife of 17 years!)
During that meeting I recorded the dialog. In it, the company owner said that the office manager is upset because of the "smoking thing". When I asked him what I can do to smooth things over he said all of the following excuses: "just wait a couple weeks or maybe a month", "maybe it's her time of the month", "she wasn't feeling well that week", "just be professional". When I asked why this meeting is so one-sided, he said that she feels I am specifically targeting her and she feels her behavior is justified...
Over the next month and a half l kept getting verbally harassed by the same office manager. I recorded each occurrence in a word document. After many weeks of constant verbal harassment and nonverbal intimidation (looks, delaying action), the last straw occurred after all but my direct report had gone home. The office manager was mopping up the floor and left the floor to dry. I knew she was there, so I very slowly opened to door to see if it was sufficiently dry. She screamed "No you don't, a**hole! You can't just walk across my floor. You are going to wait!" I finally had enough and said "I'm sick of you treating me like sh*t. I have the right to do what I did and you have no right to get on my case about it. All I want to do is my job and you're making it very hard to do that." She kept screaming over the top of me so I gave up, turned around to leave and said "whatever, you f**king c*nt!" My report came over to see what the yelling was about and we went outside to calm down. At no time did I threaten her or use any threatening body language; there was 10-12 feet between us the entire time.
I was fired the next week. (Because c*nt is more offensive than a**hole?). I received a 2 week severance and a request to keep working for them as a 1099 contractor and requested that I don't file for UC. However, what's happened is they cut my hours and have posted a job listing to replace me.
Should I consult an attorney or am I full of it? Thanks.
Harassment: Harrassed / Terminated After Filing Smoking Complaint
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