What would you do? (If anything)

**JustErin** · 09-01-2011, 10:03 PM

My instinct tells me not to make a drama out of it. So, I just documented it. If it happens again, that's another story.

I just wondered what y'all thought of the situation. I've never had a supervisor actually "hit" me.

**diroco** · 09-01-2011, 11:23 PM

Too many unknowns here. Who is her supervisor? Is it a privately owned company, corperation or otherwise. If I were the owner, I would should as hell want to know about her actions before I had to fight a lawsuit in court if this is her normal behavior. It depends on you –if the company treats you well and you like the top management or owner, then by all means tell them now. If you work for a bunch of jerks, record it and wait for your time to really screw the sob’s.

**rcook7440** · 09-02-2011, 09:57 AM

You have to tell HR about it (assuming the co is large enough to have a human resources office). The problem is that if it continues, if you talk to her privately about it or if someone tells her you were talking shit, you have no recourse when she retaliates if you do not file an official complaint.

Documenting it on your own does nothing. You need a formal complaint to prove that any negative action towards you, from that point on, is retaliatory. Any scum-bag lawyer would fall down trying to get you to court fast enough.

All bullshit aside, this is your one opportunity to ensure things swing in your favor. Officially document a complaint with the proper person at your company. If you fail to do this right now your just put your supervisor in the driver's seat.

While the company can always be trusted to behave in their own best interest, its almost always easier to side with management and spin something as a disgruntled employee issue. Trust me, I've had several HR complaints filed against me when I was a Sr. Director at a large software company.

**Bell** · 09-02-2011, 10:01 AM

I can sit here all day long and document bullshit about someone I don't like. Don't means it happened.

You need some witnesses with enough balls to do the interviews and be honest. If it's not a joint effort then your success ratio will be severely diminished. It turns into a pissing contest and she'll win. The company always sides with the supervisor.

Edit to add this: Even if you win you'll probably lose. If they don't transfer the asshat to another division or fire her you'll still have to walk around that place with your back to the wall.

**diroco** · 09-02-2011, 12:27 PM

“Documenting it on your own does nothing. You need a formal complaint to prove that any negative action towards you, from that point on, is retaliatory. Any scum-bag lawyer would fall down trying to get you to court fast enough.”

I can guarantee you that are not the case in California. Documenting the time, place and witnesses is admissible in court if it comes to that. Many juries here will side with the employee most of the time. If you have you facts straight and written down at the time of the incident, companies (their insurance co.)will settle in your favor out of court more times than not.

**Santo Tomas** · 09-02-2011, 12:37 PM

I work civil service. IMHO you need to submit a formal complaint or next time don't go bitchin'. They will ask you if it ever happened before. If you say yes they will say why didn't you submit a complaint and if you say no, you're a liar.

**rcook7440** · 09-02-2011, 12:40 PM

Originally Posted by diroco

“Documenting it on your own does nothing. You need a formal complaint to prove that any negative action towards you, from that point on, is retaliatory. Any scum-bag lawyer would fall down trying to get you to court fast enough.”

I can guarantee you that are not the case in California. Documenting the time, place and witnesses is admissible in court if it comes to that. Many juries here will side with the employee most of the time. If you have you facts straight and written down at the time of the incident, companies (their insurance co.)will settle in your favor out of court more times than not.

Fair enough. Laws differ by state but the original advice of having an official HR case will prevent the supervisor from retaliating should the issue become general knowledge. Without an HR case its hard to claim retaliation and fear of a retaliation suit is what a company dreads most. It shows that the company had knowledge of wrong doing but failed to act. It becomes about the company and not the 2 individuals. If you do not make the company aware of the act, they can show they are not culpable.

**JustErin** · 09-02-2011, 02:03 PM

Thanks for the advice everyone! It's been very helpful.

I'm in civil service. There were two witnesses who have also sent me what they saw. I can't speak to my supervisors intent, however, as far as I know you just don't touch your employees. It did leave me uncomfortable and uncertain of how to react.
In addition, she has admitted to me on numerous occasions that she does not have people skills. Nor does she want to acquire them as she's only got 5 years left to retirement.