Work Environment Question

[need2cruise]

Questions that has arose today with some fellow co-workers:

1) What is considered a hostile work environment and do you remain mum or speak up at risk of losing your job?

2) You work in a workplace that allows work from home for everyone, especialy during bad weather. One specific set of supervisors claims that it is no longer allowed (yet other supervisors under the same upper managment allows it and the policy is supposed to be universal for all and fair). So during bad weather, some employee's are forced to come in. One wrecks on the way in. Is there any legal recourse since there is a policy inforce and is only being inacted for certain individuals. Is that considered favoritism or anything else?

Personally, I am all for speaking up, however, I do not feel that it should be done if there is a threat of losing one's job but I couldn't really answer how I would handle it if in that situation since I am not. This has happened to a fellow co-worker, which is sparking the debate. So curious how others would respond in these situations?

 

[WDSearcher]

I think that what is considered "hostile" is a bit in the eyes of the beholder. Some people feel that having to see Christmas decorations all through the office if they're not of a Christian faith is "hostile", others don't consider it hostile unless there are punches being thrown. How to define hostile in your case depends on the HR department where the person works.

As for the second scenario ... the first thing you'd have to figure out is if the policy truly was changed. If company policy did indeed change and people were indeed required to come in when summoned, then that's different than a boss tossing a threat of job loss to make someone come in when no such threat was mandated.

Additionally ... what or who caused the wreck? That's the grey area. You'd have to prove the the person in the wreck would never have left the house unless they'd been told to report at work. You'd need to prove that the wreck was a result of the person having to report to work. If, for example, the wreck was caused by the driver being mad and so they were driving too fast, that's kind of hard to pin on the employer. Sure, the fact that the driver had to be at work is what made them mad, but it's still up to the driver to drive safely. If, however, there were announcements made on TV and radio telling people not to drive if they didn't have to, and so the driver was on the streets specifically because their job was on the line and, even though they were driving very carefully due to the conditions, they were in a wreck through no fault of their own ... that's a slightly different story.

Too many variables, though, to know.

 

[Acklander]

In the work place, I've never had any problems with speaking up, but I keep in mind that I am in a work place while speaking (i.e. keep it professional, never make it personal, and accept the fact that sometimes you have to agree to disagree).
In the case where one department does it one way, and another department does it another way, I might ask for clarification, in writing - and ask why there are different policies within the same company (maybe there's a valid reason). I don't see where you'd have legal recourse if there is an accident while on your way to work, or from work (though there is if you're on the clock while driving)

 

[mamacatnv]

A hostile work environment is one where someone is being discriminated or harrassed against based on the Federal No-No's race, sex etc.
A bullying environment is not illegal unless the behavior is in direct violation with written company policy and then it is subject to interpretation.

What does the written company policy state in regards to working from home? If there is no written policy then the companies stance (to protect itself) is probably going to be along the lines of the supervisors can decide what they allow in their departments.

As for the accident, I can't think of anyway the company can be held liable since the workplace is not officially the persons home. However, I am not an Attorney, this is just my assumption.

 

[npmommie]

Questions that has arose today with some fellow co-workers:

1) What is considered a hostile work environment and do you remain mum or speak up at risk of losing your job?

2) You work in a workplace that allows work from home for everyone, especialy during bad weather. One specific set of supervisors claims that it is no longer allowed (yet other supervisors under the same upper managment allows it and the policy is supposed to be universal for all and fair). So during bad weather, some employee's are forced to come in. One wrecks on the way in. Is there any legal recourse since there is a policy inforce and is only being inacted for certain individuals. Is that considered favoritism or anything else?

Personally, I am all for speaking up, however, I do not feel that it should be done if there is a threat of losing one's job but I couldn't really answer how I would handle it if in that situation since I am not. This has happened to a fellow co-worker, which is sparking the debate. So curious how others would respond in these situations?

regarding working from home. If the weather is that bad that driving is dangerous I wouldn't go in. Obviously the job is not an essential one that needs to be done in the office if others can work from home.
I wouldn't risk it, no one can force you to do anything, you make a choice in my opinion.

I am all for speaking up.

 

[Arielle22]

Hostile work environment is a legal phrase. What you describe does not fall under the definition.

Different supervisors are allowed to have different rules. How do you know that the supervisors who allowed people to work from home are not the ones who are wrong?

While the company was open, it was the employee's choice to go to work and the company has no responsiblity for the wreck.

 

[kwelch10377]

I think a hostile work environment is in the eye of the beholder. What one person thinks of as hostile another may not. I think in very general terms a hostile work environment is one where a person is harassed to the point that they are unable to do the job that they are hired for due to any type of distress. If someone feels that the work environment is hostile they should address it with their HR person or direct boss.

As for the work from home. We don't have an offical policy, but during snow emergencies where we don't close the office it is suggested that we work from home if we have the capabilities to (not all people have laptops to be able to work from home). Many times it really depends on your manager as well. Last week when we got about 20 inches of snow, work sent out an email that basically said the office is open (there about about 2000 people in my building), but we highly suggest you work from home if you have the capabilities to. About 50 people actually came in, the rest either worked from home or called out on took a vacation day.

I don't think there is any legal action that can be taken. Not matter what is was that person's choice to come in. They could have just called out sick or taken a personal day.

 

[sbell111]

Hostile work environment is a legal phrase. What you describe does not fall under the definition.

Different supervisors are allowed to have different rules. How do you know that the supervisors who allowed people to work from home are not the ones who are wrong?

While the company was open, it was the employee's choice to go to work and the company has no responsiblity for the wreck.

I agree with all this.

 

[Acklander]

I don't think there is any legal action that can be taken. Not matter what is was that person's choice to come in. They could have just called out sick or taken a personal day.

Exactly, the only exception I could see is if there was a state of emergency and you're a non essential worker.
Can you imagine the can of worms that would be opened if you were allowed to sue for car accidents, because your job required you to actually show up for work (it was raining, but my job wanted me to come in, OR the sun was shining in my eyes while I was driving, but my boss required me to be there, and so on)There are a zillion difference things that can be a factor in a car accident of which snow is just one of them.

 

[need2cruise]

The policy is that work from home can only be done if applied for. However, a stipulation was made for bad weather. Supposedly the upper mgmt says, "Hey, it's bad, let your employees work from home". However, this person called in to find out, was told, "No, xxx does not allow work from home anymore for weather, you have to come in". So employee came in to work and was supposedly being cautious, however another driver who wasn't, hit him. He comes in to work, however finds out other areas (that are under the same upper managment) were told they could work from home and that xxx is still allowing it. Essentially it is bringing up the topic of the employee who wrecked is being penalized because of his supervisors are known as "control freaks". (I've heard these same supervisors allow their favorite people to work from home but not others who aren't).

Bullying is the word I would use more than hostile work environment. The majority of the laeders in the company is known for bullying their employee's and providing a very high stress work situation! I'm fortuante to be in an area that hasn't been hit by that mess, but at the same time, I have friends in those area's and I know offering the advise of speaking up, isn't in their best interest because of retaliation fears!

 

[need2cruise]

Exactly, the only exception I could see is if there was a state of emergency and you're a non essential worker.
Can you imagine the can of worms that would be opened if you were allowed to sue for car accidents, because your job required you to actually show up for work (it was raining, but my job wanted me to come in, OR the sun was shining in my eyes while I was driving, but my boss required me to be there, and so on)There are a zillion difference things that can be a factor in a car accident of which snow is just one of them.

This was my thought process. He could have used personal time (although there is a chance for being written up for non scheduled time off) instead of coming in. Someone else at work said that there was legal recourse that could be taken. I thought she was just blowing some smoke!

 

[tlbwriter]

Different supervisors are allowed to have different rules. How do you know that the supervisors who allowed people to work from home are not the ones who are wrong?

Not necessarily. There may be an official policy that all supervisors are expected to follow. For example, at my employer, one person decides if we are closed due to weather or not. Any supervisor who said "I want my people to come in anyway" would be in serious trouble. So the employee who wrecked needs to find out if this was, in fact, an official weather policy that the supervisor ignored, or if it was supposed to be the supervisor's choice.

 

[need2cruise]

Not necessarily. There may be an official policy that all supervisors are expected to follow. For example, at my employer, one person decides if we are closed due to weather or not. Any supervisor who said "I want my people to come in anyway" would be in serious trouble. So the employee who wrecked needs to find out if this was, in fact, an official weather policy that the supervisor ignored, or if it was supposed to be the supervisor's choice.

It's supposed to be directed from upper management. I'm assuming since other area's were allowed to work from home today, that it was then allowed, otherwise those supervisors would not have allowed it.

They did revamp this policy about a year ago to make it consistent throughout the company by who you were reporting to because it was being done by whatever whims a supervisor had and they wanted it to be uniformed.

 

[WDSearcher]

It's supposed to be directed from upper management. I'm assuming since other area's were allowed to work from home today, that it was then allowed, otherwise those supervisors would not have allowed it.

They did revamp this policy about a year ago to make it consistent throughout the company by who you were reporting to because it was being done by whatever whims a supervisor had and they wanted it to be uniformed.

The only way to know if the supervisor(s) are right or wrong is for the employee to take it to HR and ask. But at that point, they are opening that can of worms and they need to be aware that they are. HR may have to interview other employees and / or the supervisor(s), so they will know that someone complained. So the employee needs to be certain it's worth it to ask the question and not be doing just because they're mad at this one instance.

Basically ... the employee should ask themself, "If I hadn't been in an accident on the way to work that day, would I be persuing this line of thought?"



PS. The person responsible for the wreck is the person who hit the employee. Not the company. Her recourse is against the person in the other car.