How do you handle office bullying?

How do you handle office bullying?

I just got promoted to a new department but that department unfortunately has a manager that allows people who vape to vape in the meeting rooms and on the production floor which are closed and tight spaces. I am a nonsmoker with Systemic Lupus Erythematosus and undergoing cancer biologics treatment so in short, despite the setback of chronic illness, I still try my best to work hard and be productive and show everyone that I am ABLE. It is not allowed on our employee manual and it is a terminable offense to smoke (even with e-cigarettes) in the office premise but since we work on grave yard shift, EHS is not avaliable to look around. I told my manager about it and she said she is not aware that vaping is bad and that she thought it was good for everyone. I developed Pneumonia and Bronchial Asthma due to it and I already filed a legal complaint to our HR. Because of speaking up, I am now bullied by my vaper colleagues. It is already becoming very toxic but I am holding on until I find a new job. I am currently actively searching for one. What I do at work now is clock in on time, work with my headset and music on so I do not hear their hurtful words against me for speaking up, clock out after doing the job properly, then go home. Has anyone of you experienced anything related to this? How did you handle the retaliation?

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  1. Anonymous

    You need an ADA accommodation, which requires your doctor to inform them of your needs, and then they would work out something reasonable. If there's no way for you to have a safer workspace in that department, transferring to another department should be an option.

    The bullying may or may not die down over time. If they were told to stop vaping, they'll get over it. They may just be jerks, though, so there may not be a way to put a stop to it. If the higher-uups permit it, there's not much you can do except look for another job and compartmentalize to save your sanity.

  2. Anonymous

    As one who lives in a non-smoking building and utilizes medical marijuana, I can understand the issue. Are you sure that they are vaping nicotine and not THC? We are not allowed to smoke in our apartments or balconies, and smoking in public (where we would have to go since we live in a downtown high-rise) is illegal, even with a medical card that allows you to buy it. My only option is to utilize edibles or vape. Edibles take 20 minutes to work, so I vape when I need them to take effect faster. The vape in the apartment disperses quickly and leaves no remnants for my dog or husband, and vaping on the balcony does not affect the neighbors. The big difference(s) between what I do and what your employees are doing is that I probably only take one or two puffs, rather than a whole cartridge at one time. Since this is medical grade, they have treated it to disperse quickly and not leave a noxious smell.

    This sounds like when all public places went no-smoking. All the smokers had issues because they had to wait for breaks and go outside to smoke. Some were then written up for taking too many breaks during the day, but that was how bad their habit was. Rules were rules, and laws were laws. The smokers couldn't do anything about it, so they either complied with the program or left. You could clear the air with them by calling a staff meeting and letting them know the consequences of not following the vaping policy or continuing to complain about it. You are under no obligation to disclose your condition, but you could explain that people who work there have compromised immune systems that the remnants of the vape adversely affect. Since this is a graveyard shift, are they not wanting to go outside?

  3. Anonymous

    Unfortunately this is not the environment for you. I hope you find a new job soon.

  4. Anonymous

    Oh wow...I was in a similar environment for 6 months a couple of years ago. I was interviewed/hired via Zoom w/ a small company (construction business). Once I got the job (I hadn't seen the office nor my peers), I was flabbergasted when the young men I worked with openly vaped. There's more (much more, and much more awful) but after 6 months, I got out. It was 6 months too long, frankly. I wish I had a better advice as to how to get through working there while looking elsewhere as bullying is so discouraging and maddening. Yes, continue to wear your headset and pretend to be friendly/happy. Know that the end is coming and you'll be out of there soon. Also, is there a way to work another shift?

  5. Rebecca Van Hout

    Talk to a lawyer. Get copies of your written complaints to Human Resources and a copy of the employee handbook or any policies that spell out that this is a violation of the rules at your workplace. If you didn't complain in writing, file a written complaint referencing your earlier oral complaint before filing with OSHA. Give the HR department time to respond but then follow up with a complaint to OSHA if no action occurs. I'd also recommend bringing copies of your medical records to your meeting with the lawyer showing this is a new condition for you that started after your exposure. And I'd start looking for another job. So sorry this is happening to you.

  6. Anonymous

    Def find a new job. You can get a lawyer to help but staying will not go well as you will be seen as someone who can’t be trusted (not saying this is true) but the people in that environment have a vibe and agreements that you don’t fit into because it doesn’t work for your health. Again, Not saying you are in the wrong just speaking about what the future could look like if you stay even after getting a lawyer.

    I hope it doesn’t take too long to land in a better place or a remote job where you don’t have to worry about the choices of others

  7. MichelleW

    There is a term for what your experiencing, bit I can't remember it right now. It is actually illegal, and I would let hr know what had happened. If it is still an issue, consult a lawyer. You do need to document everything you can, including when you talked to hr and when your getting bullied and what that bullying entails. The only problem is that I have learned that many times, things cross the line on what is legal, bit of you don't have the money to pursuit it yourself, your not going to be able to get a lawyer to do it probono as it isn't something that will win much financially. (This happened to me. Employer definitely crossed the line of what is legal, but not in a way that I would get much financial retribution for and I wasn't in a situation where I could afford the legal cost (or believe, I would have a I wasn't the only person with chronic health issues that had an issue of that line being crossed, but not in a way anyone could legally pursuit)

  8. Anonymous

    It is called creating a Hostile work environment. It is illegal and the company can be sued if they allow this to continue. Make sure HR knows and then immediately contact the EEOC about everything that has transpired. Make sure you have your documentation - journal each day with bullet points - keep the emotions out of your journal until you summarize the day. Deal in facts then summarize how this made you feel.

    Here is the link

    Home | U.S. Equal Employment Opportunity Commission

    https://www.eeoc.gov

  9. Anonymous

    And there is a 180 day limit to file your complaint with EEOC

  10. CosmosMom

    The coworkers sound like they are retaliating, which is typically against all HR policy. At this point request a WFH accommodation since asking for a normal, healthy work environment caused hostility and retaliation.

  11. Anonymous

    Sounds like a hostile work environment. Document, document document!

  12. Anonymous

    If you have developed all these health conditions then I would request an accommodation and work from home away from everyone. Protect your health.

  13. Anonymous

    Check with your local state laws to understand if vaping in enclosed spaces is illegal.

    According to the CDC: "As of September 30, 2022, 17 states (California, Colorado, Connecticut, Delaware, Hawaii, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Utah and Vermont) the District of Columbia and Puerto Rico have passed comprehensive smokefree indoor air laws that include e-cigarettes. These laws prohibit smoking and the use of e-cigarettes in indoor areas of private worksites, restaurants, and bars."

    If you work in one of these states, bring it to HR's attention as extra incentive for them to correct this situation.

    See link below for more information.

    https://www.cdc.gov/statesystem/factsheets/ecigarette/ECigarette.html

    If you are not in one of the states listed, I agree with what has already been stated: follow up with HR and ask what they plan to do to rectify this situation. Additionally, tell them you are now experiencing a hostile / toxic work environment due to the retaliation, which in almost all employee handbooks is illegal.

    I would give HR a chance to rectify the situation. If they do not, then it is time to get a lawyer.

    As others have mentioned, document everything - I would start an email to HR so everything is in writing. If it is legal in your state and does not violate anything in your employee handbook, I would take videos of the vaping for concrete evidence.

    Good luck and I wish you well.

  14. Farah Bajwa

    If its against company policy then there should be a way to report the violation be it through HR or an anonymous hotline.

    I totally feel for you as I'm currently living in a condo where 3 three doors down the resident has begun smoking weed and despite buying and installing weather-stripping, the second hand smoke still gets into my unit making me sick. HOA has fined them but they continue to violate. Good luck to the both of us! :)

  15. Anonymous

    Bring the local health dept into the conversation and EHS and EEOC, don't back down. In most places of employment it's illegal to smoke on prem.

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