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    maxwell51's Avatar
    maxwell51 Posts: 1, Reputation: 1
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    #1

    May 3, 2013, 08:25 PM
    Harassment by supervisor at work
    I feel I am being harassed at work and the last step was very malicious. I had asked my supervisor to address the issues of an employee who was bathing in perfume which I have an allergy to which causes me severe migraines. I though in our small office of 3 people we could fin an easy compromise. My employer got angry and sent me an e-mail saying if someone didn't like the smell of coffee or a certain food did that mean that no one in the office could eat or drink coffee. He said he would do nothing at all until I got a dr. note.
    So I was upset about nothing at all being done but I went to my doctor and got the note.The next day I returned to work with the note. At the end of the day my boss held up the note read it to myself and the other employee and said because of my issue we would now have a no perfume policy.I other employee made a snide comment and I was horrified.
    Not to mention after the day I was out sick and getting the note when I returned my boss had all the office files that I keep on my desk put into a box. He states the new policy was to have all files kept in this box because he had to search for a file on my desk when I was out.
    I felt like he was trying to send a message like get out?

    What can I do?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    May 4, 2013, 05:57 AM
    I have moved this question from here to a thread of it's own.

    For your boss to read the doctor's note to other employees is not a violation of your rights.

    He is entitled to institute a "no files on desk" policy.

    Was he trying to send a message to you? No doubt. Did you get it?

    What can you do? Get another job.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    May 4, 2013, 07:33 AM
    Many people seem to think that there are laws that govern every aspect of an employment situation - not true.
    Harassment would be sexual advances or threats, or ominous acts like a dead mouse in your desk or peeing in the coffee pot - not putting files in a box. Calling that 'malicious' is just plain ludicrous.

    As for complaining, employers expect employees to work out differences among themselves FIRST. Did you try?

    As to the smell causing migraines, that doesn't fall under any OSHA or ADA laws. Even 'new building smell' (usually formaldahyde, which bothers me) doesn't give anyone any special rights, except to quit the job.

    If you think the box is a message, why not ask? Politely, without emotion. Maybe it is. But I'm willing to believe that your employer really couldn't find a file while you were out sick. And perhaps is sending a message to handle differences differently rather than suggesting you pack your stuff and leave.

    On another note, having a doctor's note for being out sick (aside from the allergy) doesn't mean that an employer can't fire you for being absent too much. Most jobs are 'at will,' meaning you can be fired for any reason except a civil rights (race, creed, etc) reason.

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