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MarleneE (California)
Posts: 19
Posted:
We have a Older Resident who complained to one of our Maintenance Employees. The Maintenance worker who had a leaf blower in his hands "reared back" in a threatening manner as it to strike him, then brought the weed blower close to his face and "blew" the glasses off his head. This Employee is supervised by a dishonest and vindictive BOD Member who is well known to hold grudges and treat Residents who disagree with him badley. Since this Resident is in the unfortunate position of being one who disagrees with him he has taken the side of the Employee and when he found out that Resident would state the truth of the matter he lied to cover for him. First the incident was not explained nor any action taken. However, when it became apparent to the BOD Member that the facts would be presented then all of a "sudden" an explanation was offered as such: "The maintenance worker was startled by the Resident and when he turned around suddenly he accidently blew his glasses off". Which is a bald face lie. I feel a background check for previous violent behavior may be warranted, but better yet I think he should be fired. Some of the Board and Residents are worried about CA Law regarding the rights of Employees and are reluctant to demand action against him. Any Advice Appreciated.
CyrstalB (Maryland)
Posts: 457
Posted:
If he says he was assaulted then the police should be called. Period. If the victim doesn't want to press charges then move onto something else cause you will only be running in circles.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I agree that if there is proof of the incidence, that that worker should be fired.

However, that is a decision for the Board. As Crystal pointed out, the resident who was assaulted should have contacted the police (as they are trained in determining if there is enough evidence for an assault charge). The determination made by the police would then be a determining factor for the Boards decision.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By MarleneE on 12/23/2014 4:57 AM

Some of the Board and Residents are worried about CA Law regarding the rights of Employees and are reluctant to demand action against him. Any Advice Appreciated.

I have worked in California and was unaware of any worker rights to assault others while on the job. Could you provide the authority you/they rely on that lays out this guy's right to assault residents and owners?

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By LarryB13 on 12/23/2014 6:39 AM
Posted By MarleneE on 12/23/2014 4:57 AM

Some of the Board and Residents are worried about CA Law regarding the rights of Employees and are reluctant to demand action against him. Any Advice Appreciated.


I have worked in California and was unaware of any worker rights to assault others while on the job. Could you provide the authority you/they rely on that lays out this guy's right to assault residents and owners?

Possible claim of racial bias, age bias, retaliation, etc., especially if the only witnesses to the event are the 2 individuals themselves. Warning appropriate. Firing could cause backlash.

Sikubali jukumu. Read all posts at your own risk.
MarleneE (California)
Posts: 19
Posted:
Thanks for your reply I have not researched the law, however the incident occurred after working hours or the end of the employees shift. However he was still on the property in Park owned "go cart". As far as I know no witnesses. I had not thought of retaliation but that is a good point. The victim being white world war II veteran 94 years old about 80lbs the employee being Hispanic non U.S. Citizen but with green card or at least visa and has been here many years...and about 220 6 feet tall, seemed to be my only focus that and the total disgust I felt at the lengths a person will go to when they are given "free range" to treat others badley.
MarkM31 (Washington)
Posts: 556
Posted:
Age, veteren and immigration status and your understanding of the law does not play a part here. Refer the issue to the police unless you've dawdled too long.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
unless law enforcement was called and a complaint was filed the incident becomes hearsay

the BOD should have this simple fact tattooed on their foreheads
GlenL (Ohio)
Posts: 5,491
Posted:
Agree with the others that the police should have been called however the homeowner WWII vet or not had no reason to - "We have a Older Resident who complained to one of our Maintenance Employees." If he had a complaint, he should have addressed it to the Board, not to the individual worker.

Studies show that 5 out of 4 people have problems with fractions
JohnC46 (South Carolina)
Posts: 14,265
Posted:
We had a bit of a cluster kiss along this line. One of our Chief Complaining Officers (CCO's) got in the face of our landscaping crew about how they were doing their job and demanded they do it so and so way. As the landscaping crew did not know what to do nor understand the CCO (granted a language barrier), they walked off the job.

Took us some doing to straighten that mess out.

KerryL1 (California)
Posts: 14,550
Posted:
I agree with the others, Marlene. Let it go. There were no witnesses, the "victim" didn't call the police. It sounds like a director id follow up though not in the way you'd like, Marlene.

Move on.

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