Career Questions and Answers
Harassment?? Is my manager breaking the law by coming to my house to get me when i phoned in sick?
Asked by Aely
I am rarely off sick, and was genuinely unwell this morning after feeling run-down for over a week. I phoned in at 8am (I do not start until 9) and explained that I was unwell, but should be back at work by tomorrow. As far as I am aware, my rare sickness has not been a problem and there is no disciplinary concerns with my performance.
I was bombarded by phonecalls from my manager and team asking if I was ok, what was going on etc, and complaining that I was letting down the team and myself by not coming in (I work in sales.)Eventually I switched off my phone to sleep. When I awoke at lunchtime, my brother informed me that my manager was waiting downstairs and she pressured me into coming back into work with her, even though I was clearly unwell.
What I need to know is: is this harrassment? I need to know where I stand before I contact HR tomorrow.
Thanks
A:
Best Answer:
There has to be something more to this. No work situation will see the manager coming to your house, unless the manager was a friend and came as a friend? It seems to be that way. Talk to HR, and also to your Union?
Harassment, but under what Act?
A:
Er; ...........Yeah!!?
What an unbelievable *** she must be. That's not just harassment it's downright intimidation!
Get some free advice from CAB.
Answered by Jamino
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Definitely bring it up with HR. As long as you have a "sick day" policy where you work you manager was clearly in the wrong.
Answered by Jason J
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Yes, that sounds like harrassment.Speak to your HR manager.
Answered by the_boho_hobo
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It sounds like it to me, My sister in law suffered a similar problem when she worked for a supermarket, eventually she was forced to quit and take statutory sick pay because she had a nervous breakdown due to just this sort of harassment!
Answered by skullian
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Yes that is ridiculous. If you are genuinely sick and you don't abuse that privilege to be off work for an illness she has ABSOLUTELY no right to phone you like that or come to your house. I'd take some legal actions against her. It might be harassment, but I'm sure its more of a work related offense. They had no right to badger you like that. She sounds like a jerk, please call a lawyer.
Answered by Justine H
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Hell yeah....or maybe she just have the hots for you..Go and see your HR. This is definitely harassement.
Answered by marga_bam23
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i think she try to harrassment you cuz if you are really sick then they should let you off . but i think you should let them know 4 hour before those cuz in job field if you are call sick you need to let you MG know at least 4 hour before cuz i did that one n my superviser say call her at leave 4 hour in advane so she can find some one to take you take . that what think you did wrong you call them not the right time but people should know that a sick is sick if you cant go to work you cant there r no point come n get you. i thikn she try to over work you ass to dead just say fuck off cuz dude that is wack when you sick you suport to rest not go work .
Answered by ken p
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phone in sick, get a doctors note and look for another job whukle off sick and give in your notice??? yes it is harassment, id leave a message ont he greeting on my answering machine on my phone stating i wasnt well, was in bed asleep, not to phone or come around - babes youve been bullied. Also put a note on the door stating do not knock - also id tell them id moved house!" The bastards
Answered by Mercy J
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Wow. Who do you work for? Genghis Khan? Everyone deserves a sick day now and then, if you are not a repeat offender, they shouldn't be on your butt. If you're a top performer at work, maybe you should use that leverage, because they won't want to lose you. If you're mediocre, maybe you should have gone to work...
Either case, explain to everyone you WERE looking out for the "team" (I worked sales for eight years, hard to imagine the word team being used to describe it). You were not trying to make others sick by giving them what you have. Different companies have different policies. I'd check the policy and procedure manual at your work before complaining about the situation.
Answered by badassp51
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I'm inclined to think it is. This kind of behavior is inexcusable coming from a grown woman. She's acting like a child throwing a temper tantrum because she can't get what she wants -- everyone at her beck at call, no matter the circumstances.
I'm curious, though... Do you get a salary, or an hourly wage? If you're salaried, you're supposed to have a certain number of sick days required by law. If you're hourly, then nobody but YOU is harmed by your not coming in, because you won't get paid for that day.
Explain to her that you are a good hard worker, but when you're really sick, you would prefer not to be disturbed. If she can't respect that, then maybe you should be looking for a job elsewhere.
Answered by rivenliether
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Yes, it's definitely a case of harrasment.
They have no cause to question your sick days if it doesn't exceed your annually allowed days. Approach your HR department.
Answered by samvimes
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I would definately say its harrassment, don't think it's breaking the law though but she does not have the right 2 come to your house and pressue you into going back to work you r entilted to 5 days sick no questuions asked before you require a sick note from your doctor and not sure of the figures but u have an annual allowence for sick days before they can even begin disciplinary procedures!!!!!
Answered by emma h
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I have never heard of such a thing!!! It sounds completely out of order. If there was so much work to be done that your absence caused problems she should have been covering for you not fetching you. You should lodge an official complaint with HR.
Answered by simbo
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Breaking the law, without a doubt. If you are genuinely ill, and intend to produce a sicknote, she should not contact you in any way.
Answered by emmarose
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Yes. This is harrassment - especially if you have entitled sick days. Even if not, you are entitled to be ill.
This manager invaded your home and if something happens to you physically due to her bringing you into work, it is going to be an even bigger complaint.
Speak to HR.
You aren't "letting down the team" or any of that other nonsense. Now, if you have a viral infection or bacterial (such as strep) then your manager's actions could have infected the whole work place, then, not only you but the rest of your work colleagues could look into damages due to lost earnings if any illnesses result in sick time for the rest of the team. Keeping in mind that would take a long time but your manager would have learned a serious and valuable lesson.
Answered by KD
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yes it is harrassment. and an abuse of power by your manager. contact human resources immediately. your manager has some issues also
Answered by ms_ldb
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Bloody right its harrassment! Jesus christ! I can't believe someone would act in that way, I would get your ass down to the citizens advice bureau tomorrow asap, call in sick again and make sure that no one is let into your home! I can't believe that!!!!
Answered by brunelscooby
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see your doctor to confirm your illness because no one wants germs to spread to others, like flu and colds. with a doctors note she can't harrass you, Maybe she is just worried
Answered by Monkey
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There is no doubt that this was harrassment & I would say that it is a sackable offence for your manager to treat you like that.
If you are not habitually off sick & it was obvious you were unwell, they should have accepted that & left you alone.
If it were me, I would be making an official complaint. they have no right to coerce you into returning before you are healthy. Also the fact that they tried to guilt trip you into returning by saying you were letting others down was totally out of order.
I think you need to be looking for a better job, where they know how to treat people. Hope you feel better soon.
Answered by monkeyface
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it is your fault for putting up with that shit. if that bitch had come round my house after i rang in ill i would have told her to suck my d**k.
Answered by bluedoglondonlad
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The above answers tend to agree that this is harassment, which may or may not be the case depending on the particular sequence of events. In any case it is certainly worth taking a step back and looking pragmatically at the situation, particularly from the point of view of your employer.
The high number of phone calls to check if you were ok suggest that their primary motivation was compassion and concern for your welfare, and that she visited you at home could be seen as going above and beyond the call of duty.
Finally, you should ask your brother what he was playing at letting her into the house.
Hope this helps.
Answered by Raygun
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I don't know if it's breaking the law, nor whether it's harassment - I suppose the harassment thing depends on whether you regularly get this kind of treatment from your company's management team?
Are you a member of a trade union? It might be worth contacting your rep about this. Most companies will have someone call to see if you're OK and when you'll be able to come back in, but showing up at your door without announcement is pushing 'concern' to extremes, and asking you to come into work when you're clearly unwell is totally out of order.
Answered by Xanthy
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Well, it's too late to ask her now, but while she was at your home I would have said " Shouldn't you be at work if it's suffering so badly since I am sick?"
She over stepped her bounds. Please don't be intimidated by her. Call her, or talk to her in person about how completely uncomfortable that made you and how you are considering legal council on whether or not she's within her rights. If you don't get a remorseful apology- I would do just that, and fast.
Also, I would call tomorrow and tell her because of all the interruptions you had during your flu/cold/virus (whatever) that you'll need an additional day to fully recover.
Then call HER boss and tell her the same thing.
That woman has lost her mind.
Answered by *smile*
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Since everyone here has said that this was harrassment let me go a little further by asking why you let her bully you into going to work. Short of barfing on her shoes you should have taken a stand for yourself. Now you've put yourself in the position as a pushover. If you have sick leave, then you are entitled to use it. Go to HR, start looking for another job just in case, and stop letting people walk all over you!! She did that because she knows you are scary!
Answered by Ra-ra
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please start looking for another job right away!
Answered by Meat Ball
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It is most certainly harassment and a complete disgrace. I would make a formal complaint to the HR section.
If you are not already a member of a union, then join one now and make sure they are aware of proceedings.
Inform HR (and confirm in writing) that in future you do not want the company to make contact with you in person or by phone when you ring in sick. Explain that contact can be made by letter or (if you are a union member) via your union. If they subsequently make direct contact again once you have made this request then you can take them to court or to a tribunal.
Sort this out now and join a union!
Answered by Tufty Porcupine
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You need to have a talk with your H.R. department and explain what happened. No, they do not have the right to show up at your house like that. The best thing to do would have been to ask him/her to leave immediately and gone back to bed. Now, the manager thinks they can do this to you in the future. And turning off the phone so you can get the rest you need. If there is some earth shattering emergency going on that the company can not make a move if you are gone, then tell them to leave you a voicemail on your office phone and if you feel up to it later on in the day you will check it and return messages. If you are not feeling better then the problems will have to wait until you get back to work.
There is no law, state or federal, that requires employers to give sick time to employees. But if you don't feel well, then you don't feel well. And if your company offers you time off with pay when you are sick then they can not come back and kick you for using it as long as it's not being abused.
Answered by hr4me
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I wouldn't say it is harrassment, but I would still contact HR. If you are sick, they cannot force you to work. Unless they were VERY short handed (e.g. 5 of 10 people didn't show up) there is no call for it.
Generally, however, they can require that you seek a Dr. to verify your illness and not allow you to return without authorization from a Dr. that you are not contagious.
Answered by mj69catz
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I don't know whether your manager has broken the law, but harrassment? Absolutely, definitely! Even if she thought you were faking it, she has no right to visit your home.
I'd go as far to say that it's an action that warrants disciplinary action at least, gross misconduct at worst.
Some of these answers have suprised me, I wonder where you all work, but this behaviour is totally unacceptable.
However hard it is to lodge a complaint against your manager, you need to - tomorrow.
Unless of course you're not well enough to go in... take the rest of the week off and get union representation.
Answered by MFFL
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If as you say you are rarely off sick then your actions in phoning in 1 hour before start time are well within accepted business practise .
If you were so desperately needed this must mean the department is badly organised , even allowing for holiday they should be able to cope with 1 person off sick for a day .
You need to clear the air with your manager and HR and tell them that you think their behaviour was unacceptable .
If you phone in sick but don't speak to your manage , I would think one call from her / him is within acceptable limits , but once you have stressed you are not fit to attend that should be the end of things till you return to work .
At that stage if the manager thinks there is an issue it should be discussed with any evidence highlighted .
The behaviour was way outside of normal good business practise , it is up to you whether you want to invoke the company grievance procedure which you really should do before trying to bring a harassment case..Hope you get well soon and sort this issue out.
Answered by Scobill
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yes this is totally unacceptable - HR will be able to advise you
Answered by homemanager22
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my friennd, she did nothing wrong other than call your bluff. She won. she didn't grab you by the scruff opf the neck to go back with her and I was a salesman for years in thge construction industry.
remember HR work for the same company as you two, if you are ill just say I'm not coming in, if you don't want to pay me don't (but in doing this she must also not pay everyone else, thens it becomes ilegal)
Answered by steve h
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yes
Answered by johnmills3
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Yes, this is disgusting, dont let them bully you into working when you are sick, I think this is a definately a case where someone should be disciplined (not u). If my boss that I'd have laughed in his face then thrown him out of my home. My bos wouldn't though by the way. You are allowed to be unwell from time to time and are allowed to take 7days self certified before you need a sick note from your doctor.
Answered by gemzalvn
A:
the word BULLYING! springs to mind
"letting the team down"
There is legislation covering harassment in the workplace.
you have a strong case for a tribunal.
Answered by Empeedee
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Hi, This is something i have come across myself. In one of my past jobs my manager would always keep ringing me after id rang in sick (which was rare) he used to do it to everyone else too. I took it further.
To answer your question, a BIG Y E S is the answer. If you are off sick and it doesnt matter what reason it is or where you work it is against the law for your employer and felloe employees to keep ringing you. An even BIGGER Y E S about your boss turning up at your house.
Your employer should ONLY contact you when off sick for certain reasons being if you havent informed them of when your be back to work, and if there is any sudden changes with your workplace that is of importance you know about.
This IS harassment and you can not allow this to keep happening. You will also find that it comes under bullying and is also covered under The Health and Safety at Work Act 1974.
Answered by Sarah W
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dont you have any sick-days....legally you are entitledor do you workp/t or commission-based...?I think they can always try to have come in,next time make sure you have anote from your doc which states leave her alone when she is having a sick-day,seems to me you need another day just to release some stress too.Re-read your contract and if there will be no changes find another job,I know sales-jobs which are much more relaxed...
Answered by ajal
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If you are typing this at work they likely know it
They may ask how sick you are if you can post questions on the internet
better have an answer to this one
Answered by roadrunner426440
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