Re-bathroom breaks (a thread from last night)

[xmas74]

I started this thread last night:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x920010#920675

I sat at home half the night, upset, angry, and stewing. I need to explain the rest in this area so everyone knows what is happening.

1) Some wonder where I work. I live in Missouri and I work for an international corporation in hospitality.
2) With the reference to menstruation: I have problems with my cycles. For the last year they have been very irregular and I don't have one every month. I hadn't had one for four months before this week. When I do have them now they are extremely heavy, meaning that I need to "take care of business" more often then some. My doctor is making me an appointment for additional testing.
3) I have had a couple of UTI and a kidney stone in the past six months. The UTIs I never took even one day off of work and the kidney stone I took one day of sick time. I passed the stone while working. Waiting for break time doesn't help at all.
4) I've looked for other jobs but there are none in my area. I was in a lay off two years ago. I was never called back because they could hire off the street for much cheaper then what I was paid. I took this job due to lack of any other work available-at less than half what I made before at my old job. It's not enough to support a child and I now live in what would be considered poverty.

And the big one:

A coworker heard what had happened and stopped me today. She overheard two managers talking about me, saying it was time to "get rid of me". I've never had a write up until yesterday but now they are turning me into a "person of interest". They are afraid that the place will finally unionize and they are looking for the people most likely to be ringleaders. Supposedly, I'm it.

Thank you for all the advice everyone gave me on the other thread. I can't believe how many rec's I received for something that was just to allow me to blow off a bit of steam.

[KittyWampus]

1. Hugs. With your permission, I'd like to think you will find a better job

at some time in the future.

I can't offer relevant advice. Just hugs and hope.

[xmas74]

10. Thank you. nt

[Fuzz]

2. It's really hard to believe that this shit is actually happening in America in 2011.

[xmas74]

9. Unfortunately, it is.

The saddest part is that I know someone out there has it much worse. I've had it worse in the past.

[XemaSab]

3. Call them on it

Be like "Do you really want me to bleed all over myself?" and them show them a note from the doctor.

Hopefully they will be mortified enough to back off.

If they do can you, take their shit to court and pray for a woman judge. :D

[xmas74]

8. I've learned at my job

that you cannot sound even in the least bit confrontational. If that happens they will attack you further. A couple of the managers enjoy the fight and try to goad you into arguing with them.

[Gormy Cuss]

4. It sounds like you're gonna get canned anyway, so take the advice in your earlier thread

and respond to the write-up IN WRITING. Use neutral language in describing the events and be as obsequious as you feel is necessary to show that you aren't trying to cause trouble.

Hospitality industry-- such irony.

[xmas74]

7. I already added to the write up.

I was calm, polite but to the point. I just wanted it in my file for my own records.

[road2000]

5. Are there others in your organization

going through the same crap? Since you're already on "the list," why not gather a few together and file a class action suit if it's applicable?

I read the full thread from yesterday and was shocked. I have spastic colon, and had a letter from a doctor inserted into my HR files as protection. The company allowed me to come in an hour later than everyone else (although as a manager I was still working 10 hours a day). My boss made me call a meeting of my staff and tell them what disease I had, so they wouldn't carp about me coming in "late." It was humiliating, and in the end I was laid off along with a hundred-plus others, all but nine of whom were over 50. I was told by a lawyer that nothing can be done in Ohio to redress these wrongs.

I was exempt from NLRB laws, but it sounds as if they may apply to you. It wouldn't hurt as the situation stands now to nose around and see who else may be receiving the same treatment.

Good luck -- I had to get a hysterectomy to stop the constant hemmhoraging (unrelated to the colon problems). Glad I did. You may want to do the same if you're not planning on more children. Not for your employer, of course, but for your own comfort. Take care.

(((you)))

[xmas74]

6. No plans for any more children

but don't want anything permanent yet if it's not required. I'm in my mid thirties so I hate thinking about it, though a friend has mentioned it to me recently.

As to who else is receiving similar treatment-we're all talking. They were afraid we'd talk to each other and now we have.

[road2000]

13. I'm glad you're all talking.

You may uncover a rash of violations that would not only substantiate your claim, but might be an effective pry-bar to for that company to rethink and change its actions -- without the necessity of a court case. I wouldn't hold my breath, though.

Good luck to you.

[LiberalAndProud]

11. It seems like their write-up would be physcial evidence of OSHA violations.

Keep a copy for yourself and forward a copy to OSHA. If they've decided it's time for you to go, enjoy causing them some grief along the way. Unions are a good thing.



per OSHA:

Availability
Employees must have access to a bathroom facility in a timely manner. Employees should not have to wait any extended period of time to use a toilet. OSHA does not regulate any issues pertaining to an employee remaining "on" or "off" the clock while using the restroom. OSHA does not define "timely" as this can vary per the type of work the individual does, the urgency of the work he is engaged in, and the distance the restroom is from the place of work. The timeliness and amount an individual uses the restroom can vary per employer. Certain medical conditions must be taken into consideration when an employer determines the frequency that an individual may use the restroom such as; prostate issues, pregnancy, and bladder control issues.



Read more: OSHA Requirements for a Bathroom | eHow.com http://www.ehow.com/list_6791701_osha-requirements-bathroom.html#ixzz1K0r8ASB8

[Junkdrawer]

12. international corporation in hospitality = deep pockets....

keep documenting and contact a labor attorney

[Obamanaut]

14. Keep a small notebook with you at all times, one of those small

spiral bound ones will do.

Write down everything about every encounter that is even borderline hostile. Include names of participants, any witnesses, date, and time.

Let them see you do it.

This sort of information can be very helpful in the future - the memory can fade, but if you have a written record, it can supplement that faded memory.

edited to add - Include tidbits such as the info from the coworker. Even though it is hearsay, the coworker might be able to be a witness on your behalf.