Employment Lawyer ?

[AxiTech]

Anybody here know a good employment lawyer? I have been putting up with threatening phone calls from a salesman at my company for over 5 years. I report it, but he's a big rainmaker, so they 'talk' to him and it ceases for a bit. Everything from "I'll kill you" to "I'm going to kick your ass" to "I'll sit next to the CEO at the next sales meeting and when I get through your career is over". Really abusive stuff. The guy really isn't all that bad to deal with 26 days of the month, but the other 5 are murder! Perhaps he has PMS issues, I don't know.

Here's the problem: I have been reporting it all along. The latest incident is by far the worst. I reported it. Nothing happened. I looked into the employee handbook. The rules are very specific. If I report it to any manager, they are required to initiate an investigation, notify corporate HR, and it WILL cease. None of that happened. I pointed it out to my boss. He now knows he has no choice but to run with the ball. The problem is I am getting feedback from the office that I am about to get 'sacrificed'. My position does not generate revenue, his does. He's our biggest income producer, and in this economy, they aren't looking to lose him.

I'm over 50 and do not relish looking for a new career in this economy. HELP !!!

[Eugene V. Debs]

Anybody here know a good employment lawyer? I have been putting up with threatening phone calls from a salesman at my company for over 5 years. I report it, but he's a big rainmaker, so they 'talk' to him and it ceases for a bit. Everything from "I'll kill you" to "I'm going to kick your ass" to "I'll sit next to the CEO at the next sales meeting and when I get through your career is over". Really abusive stuff. The guy really isn't all that bad to deal with 26 days of the month, but the other 5 are murder! Perhaps he has PMS issues, I don't know.

Here's the problem: I have been reporting it all along. The latest incident is by far the worst. I reported it. Nothing happened. I looked into the employee handbook. The rules are very specific. If I report it to any manager, they are required to initiate an investigation, notify corporate HR, and it WILL cease. None of that happened. I pointed it out to my boss. He now knows he has no choice but to run with the ball. The problem is I am getting feedback from the office that I am about to get 'sacrificed'. My position does not generate revenue, his does. He's our biggest income producer, and in this economy, they aren't looking to lose him.

I'm over 50 and do not relish looking for a new career in this economy. HELP !!!

PM inbound

[normanvin]

I would start documenting all communications about this subject. From the guy in question. To the HR people, including the people you report to.

[Eugene V. Debs]

I would start documenting all communications about this subject. From the guy in question. To the HR people, including the people you report to.

Absolutely

[Exbiker]

Put him on speaker phone so everybody can hear what a buttmunch he is.

[AxiTech]

A little info here to clear the story. I was typing quickly earlier so as not to be late to dinner. Fish sticks ,MMMMM!

All of his threats are on phone calls while I am in the truck driving. He left a death threat to another salesman, on voicemail, about four years ago, so at least that is on his record. I know at that time they made him fly to Ohio for a 'sit-down'. Fat lot of good it did!

The company I work for is in Ohio, but our parent company is in Nazareth, Pa, and theirs is in Italy. I'm in Pa, but the salesman is in NJ. His territory is NJ, and about a third of eastern Pa. Mine is eastern half of Pa and all of NJ for a home territory, but Canada to Mexico as an extended territory. I know those facts alone probably make it a legal nightmare. The upside is the company is huge, and likes it's worldwide reputation of being the good guys. NO BAD PUBLICITY!

The company is wonderful to work for, honestly, I've never seen a better company as far as treating it's employees well. Except of course for this salesman, and the middle managers that want to cover it up. I rreally hate that it has gotten this far.

[Exbiker]

Ha, who is it? I have a lot of connections in Nazareth.

[Eugene V. Debs]

A little info here to clear the story. I was typing quickly earlier so as not to be late to dinner. Fish sticks ,MMMMM!

All of his threats are on phone calls while I am in the truck driving. He left a death threat to another salesman, on voicemail, about four years ago, so at least that is on his record. I know at that time they made him fly to Ohio for a 'sit-down'. Fat lot of good it did!

The company I work for is in Ohio, but our parent company is in Nazareth, Pa, and theirs is in Italy. I'm in Pa, but the salesman is in NJ. His territory is NJ, and about a third of eastern Pa. Mine is eastern half of Pa and all of NJ for a home territory, but Canada to Mexico as an extended territory. I know those facts alone probably make it a legal nightmare. The upside is the company is huge, and likes it's worldwide reputation of being the good guys. NO BAD PUBLICITY!

The company is wonderful to work for, honestly, I've never seen a better company as far as treating it's employees well. Except of course for this salesman, and the middle managers that want to cover it up. I rreally hate that it has gotten this far.

Most employment lawyers that practice in Philly will either be licensed in NJ too or at least have someone else in their firm who does, so that shouldn't be too big of an issue. Also, employment laws don't tend to differ terribly much between states on most topics, and I'm willing to bet that the process and remedy is the same in NJ, PA and OH, or at least substantially similar. But my guess is if the company is HQed here, operates in this state, and you do work for them here, it will fall under PA's jurisdiction.

I can't see how the whole international thing will come into play at all. Regardless of where the parent company is located you are an American working in the US for a company incorporated in the US-- any company that does business here must abide by the employment laws of the jurisdiction in which they operate. For example, if you worked for a company HQed in Mexico, that doesn't mean they get to pay you whatever the minimum wage is in Mexico, nor do you get the benefit of "just cause for termination" Mexican labor laws-- you'd be at-will without an individual contract specifying otherwise (or implying in some states) or a collective bargaining agreement.

Like I said, try calling the guy I PMed you about and see what he says.

[D10]

Why not report his cell phone # to your provider and let them record the calls. They will be able to do that. If that does not help make his phone number public on any bathroom wall along the highway......

[DaveM55]

Contact the local EEOC.