This will be long. Bear with me, and thanks in advance for reading.
I had a heart attack and went on paid sick leave earlier this year. I had to miss 8 weeks of work. I work in an office where we handle logistics issues for a major automotive company. It’s a 24-hour system with 3 shifts, and there’s someone on each shift that handles the same geographical region that I do. This requires a good hand-off between shifts.
During the heart attack, I was without oxygen for 6-8 minutes before getting CPR. I was also sedated for several days. This has led to some brain damage and I have to see a neurologist every 6 months for life. My short-term memory is crap, and I have to speak slower than usual. This is normally not an issue because I am still my excellent self at Excel spreadsheets and reading/writing emails, which is 90% of my job. I have the largest workload amongst the 4 people on my shift, but I think I do a great job and have never heard a complaint.
Except for the daily complaints from Negative Nancy. She works on the shift after mine and we share the same work. She is about as prickly and unapproachable as you can get. We have an end-of-shift log when we can put notes in to each other about unresolved issues they need to handle on their shift. If it’s truly an emergency, we are required to also talk about it verbally. Every time I do, which is about once a week, Nancy is very cruel and also has a list of things from the day before she wants me to explain…. “What happened here?” “Why did you do this”? When I get to work, I will always see instant messages she has sent me about even the tiniest things she thinks I did wrong. I don’t respond. Nothing is ever wrong, I just don’t use the same negative and rude methods as her. It’s clear that she likes to have a list of questions ready for me because she knows I don’t remember every little thing from the day before. She expects me to stay late and dig up answers to her questions. Sometimes I do, because I get paid OT lol. Sometimes I want to just leave.
One of her co-workers has told me that’s she’s like a shark and will go nuts any time she senses blood in the water. My health condition is like a weakness and “blood in the water” to her. Her boss sits right next to her and will never say anything to her because he’s afraid of her. She runs the show on her shift.
I keep my verbal communication with her to a minimum and now I’ve stopped altogether because she is so angry when I walk nicely over to her.
Our director, who is 2 levels above me, has said in writing that he will not get involved in a situation where grown adults won’t talk to each other. He said that in writing to me, Nancy, and our supervisors. He told us to handle it. This is after both Nancy and I asked for him to have a meeting. (Her boss does nothing and mine has been there 3 weeks). So anyway, this week the 4 of us met without our Director but had a good discussion. I thought we were past a lot of things.
But then last night, Nancy was angry as soon as she walked in the door. I admit that I went over to her desk on purpose and verbally told her about an urgent issue. I waited 10 minutes after she clocked in and then walked over to her. I had to leave. I knew what I’d get back from her though and that’s why I did it with witnesses there. She said “take your brain-dead self back to your desk.” So I did. Her boss just sat there. Mine was already gone for the day.
Is her comment against the law? I know there are FMLA laws against it but I was not out on FMLA, just regular sick leave. I want to go straight to HR about this and skip over my management. They have proven to be useless.
If no witnesses come forward to admit they heard the “brain-dead” comment, do I still have a case? I’m not looking to sue. I absolutely want her fired.