Owner's actions should speak louder than profane words

By Rozanne R. Worrell Workplace Woes – Roze Knows

I’m a sales manager for a small restaurant/catering company. When the chef, sous chef and I arrived at a function, the chef got out of the truck, pointed his finger at me, and yelled loud enough for my staff and client to hear him say: “The next time you give me the wrong (profanity) address for a (profanity) delivery is the last time I make a (profanity) delivery for you.” You can only imagine how I felt. I told him not to speak to me that way. This kind of thing happens often enough that I have had it, but the owner doesn’t do anything about it and I can’t seem to find any kind of law that will protect me and my staff from this type of verbal abuse. Do you know of any legal recourse? – Fed up in Virginia Beach

I contacted attorney Gregory A. Giordano, who specializes in employment law with the Virginia Beach law office of Troutman Sanders LLP. He provided this response:

“The mere fact that a co-employee or a supervisor uses foul language is not, in itself, illegal and is not grounds for a lawsuit against the employer or the individual. An exception to this, of course, is when the language denigrates a particular gender, race or religious belief. For instance, if the foul language consisted of derogatory comments towards women, and they were made by a male employee or superior, this could be considered discriminatory.

“With respect to the profane employee or supervisor, Virginia does have an insulting-words statute (Section 18.2-416) which makes it a misdemeanor if a person curses or abuses another under circumstances reasonably calculated ‘to provoke a breach of the peace.’ The plaintiff can also bring a civil action under the statute. In the factual scenario given, the foul language was more in the nature of profane adjectives than insulting words directed towards the employee. If the chef would have directed the comments to the employee … that may well give rise to a claim under the statute.”

Although it appears you do not have any legal recourse and the owner chooses to ignore this inappropriate behavior, you can seek other employment. No one should be treated this way.

Should I hide my MBA? Do I have to include my MBA on my resume and on an employer’s application? I think because of my MBA, I may be considered “overqualified.” Is this omission grounds for termination? – Overqualified in Hampton Roads

I sympathize, but I would include all education in your resume and on an employer’s application. Omitting any of it is not truthful, and if an employer has a problem with that, you could be terminated. Remember: Honesty is the best policy

Virginia is an at-will state. At-will employees may be terminated at any time for no reason or any reason, except an illegal one. Be sure your cover letter and interview convey your work ethic, regardless of the level of the position for which you are applying. If appropriate, allay an employer’s concerns of your jumping ship if a better offer comes your way.

A note to readers Some comments about a bakery owner’s customer service in my Jan. 24 column concerned me. “The cake question wasn’t really a work situation problem,” one said. My column addresses numerous workplace issues, including customer service, often considered the lifeblood of business. Whether you’re an attorney representing a client or a waiter serving a diner, customer service is paramount to that relationship’s success.

Rozanne R. Worrell is a workplace consultant and columnist. She is not an attorney, and her answers should not be considered legal advice. To find out more, go to www.rozeknows.com.

Have a question? Contact Rozanne R. Worrell at www.rozeknows.com or at Workplace Woes – Roze Knows, P.O. Box 99134, Norfolk, VA 23509-9134.