Hello, I'm a warehouse tech in McAllen. I'm reaching out for help because of the situation that I am in with Robert Rigno. Forgive me that this email is so long it's hard to fit two days worth of info on one email. I have come to you guys for help in the past. Not sure if anything was done in the past but Robert and I had put that situation behind us. Past situation is currently arising again. He is making the work environment a very uncomfortable place for me. Yesterday he was crossing the line, as far as what he said and did. I can deal with the discriminating comments and negative attitude he has in the work place but when he started stating sexual(provacitve) comments, I had no other choice but to inform you guys on what is going on. …show more content…
So yesterday(4-16-18) the team & I were preparing our vans for a visit that we are supposed to get soon. as per robert. So I started checking all vans making sure everything that is needed is in stock and that we have everything we need. This is the first incident. Homer Peña and I were in the office and we were getting soft goods to restock our vans. Robert stated to Homer "Hey Homer if can get a stick and start poking that warehouse tech to get him on the road & to be on call that would be great" we all started laughing homer and I looked at each other not knowing if he was joking or not because of how serious Robert was. As I was leaving the office Robert then stated something about the music I listen to as he has in the past wich is no big deal until he stated to Homer that I am a "Kanye Lover" honestly don't know what Robert meant by that but I then stated " I don't know about that but I heard Homer is a big Kayne fan that's why he got that new Escalade" because Homer recently got a new vehicle & Homer knew I was joking but Robert then stated very loud "No he has that vehicle because he doesn't complain or cry about a ticket like the way you do. I give you a ticket and he started to do a crying jester with his hands" I ignored it and continued on with my work because Robert has said things in the past that are offensive. For example when ever we write off an item he stats "think like a Mexican. You need to save every little thing for extra parts, you can't just throw it away like that" so like I said before I really ignore the racial comments towards my culture & do what is asked of me. When I walked out of the office. Homer was right behind me. Homer then advised me not to accept the drivers job because he understands the situation we are in. Which is we are short a driver. But he would prefer that I stay in the warehouse and actually get things clean for the team to deliver to our patients. The day continued and Robert wants me to be in rotation with the on call scheduled in McAllen. So that entire day Robert had been waiting for HR to email him back about me being on call. Josue Gonzalez was there at the time when he did this. This is the second incident. I was on the phone with Josh the Harlingen site manager discussing the on call situation about his techs helping the McAllen area because HR stated I needed to take some sort of defenseive driving course and I was concerned about the paper Robert had shown me with my name on it stating that I had completed the test. When I know for a fact I never took that test. So I hung up with josh because Robert told me to come into the office. As I was walking towards the office Robert then started laughing and smiling stating " HR replied. Come here bring the lube! Better yet bring a bottle of Vaseline" Robert then proceeded to do a thrusting motion with his hands towards his pelvic area. I felt at this point very uncomfortable, because of the fact it looked like Robert was enjoying the situation that was happening and put me in a position that I did not want to be in. I honestly don't know what Robert was insinuating. I then saw what the email stated but I didn't want to get close to Robert because of his actions. From what I saw it was an email from HR stating" that it doesn't say that I have to be on call but it does stat that I do have to drive." Which is no problem because I have been helping the team out with tickets for months now. I've even volunteered to go to the Laredo site multiple times and I have stayed over there for a week to help the team get back on their feet. Which leads to today's situation. We got together as a team later that day which is Homer, Josue, and myself. We were texting in a group message discussing a solution to our on call delema. Homer and Josue agreed that it would be best for them to be on call during the week and to throw me into rotation but as a back up tech on the weekends that way they each get a weekend off. We talked about it today(4-17-18) as a team with Robert when it was brought up to Robert, he shot it down. Implying that uper management wouldn't agree. He then started to get hostle with Josue over the discussion stating that josue is the first to complain about tickets. Homer was on the phone listening. Josue & I were there in person. I had to interrupted them because I didn't want things to get worse. I then stated to "reach out to upper management and see what they have to say about me being a back up tech on the weekend to help out Josue and Homer". That way they can get a weekend off each. Robert said "he would do it". I then asked if we can be included on the email Robert stated "no" so I continued with my day. Robert had me go to Rio grand city. Which is about an hour away from our location. I finished the delivery. Made my way back to the warehouse to take my lunch. This is today's incident (4-17-18) he told me to take that defensive driving course.
I had stated "I didn't feel comfortable taking it" because I wanted to know if Robert had mentioned to upper management about our solution to the problem. Which is I'll be a back up tech to give Josue and Homer a weekend off each. He then called josh and put him on speaker and asked Josh " josh did I mention to them about Josue and Homer not wanting Chris to be on call" josh then stated "yes" Robert then stated "you see there it is" I then asked "but did you mention that I would be in rotation as a back up tech on the weekend." Robert then got upset and said to josh "nevermind josh this isn't going to change. Sorry for bothering you." And hung up the phone. I then finished my lunch and went into the warehouse to sanatize. Robert then called me into the office again. Telling me to do the the driving course. I tried to explain to him I didn't feel comfortable. Robert was the phone with a nurse at this time. I then told Robert "I would wait till he was off the phone." He stated that he "was on hold" I stated again that "I would wait until he's not on the phone." Robert then stated "you're making me want to hang up on the nurse." Robert started to get aggressive after he hung up on the nurse. I mentioned "I didn't feel comfortable taking the test until I got the confirmation that he mentioned our solution to upper management." Robert began to get upset and started yelling at me. I backed up two feet because I felt threatened by his anger. I asked "what can I do to get confirmation? Can email them and tag you in the email?" He then stated " No, you are refusing to listen" then he started calling Danny because he wants to get the approval to write me up. But at this point I'm sure he has convince Danny that I am a bad employee and that I'm influenced by others. I repeatedly stated "it's not that I don't want to take the course sir, it's just that I don't feel comfortable taking it with
out hearing from upper management about the solution to the problem we have in McAllen with the drivers." Robert ignores what I said started getting more and more upset because Danny didn't answer the phone. Robert then got mad and told me to "clock out and go home" I then asked "sir why are you trying to jeperdize my job. I'm not doing anything wrong" Robert didn't say anything. As I was getting my stuff from the van he called me back into the office with Danny on the phone kept saying that" I refused to take the test and if we could move forward on to "the next step" which I'm guessing is write me up until they can termination me. Like they did with Juan Mendoza. Then Robert told me again to clock out and go home. As I was finishing up the paperwork. I was walking out and all I could hear is Robert celebrating again because I'm guessing he got the okay to write me up. At the end of the day I'm here to make a living. I love my job, I love what we do as a company, I am fully committed to helping people that are in the last of their days, just like our motto represents "every patent, every time" because I feel like I make a difference in that person's life. I enjoy talking to their families and comforting them on their situation. Please notify me that the situation is being taken care if not I'm gonna have to reach out to upper management or Texas work force commission about this situation as an act of desperation. Please and thank you.
After this incident I spoke to my team leader and we both agreed I needed to report this situation to higher management. I documented the occurrence under the Incident Report file and filled out an online incident report for the doctor due to his unacceptable behavior, unsafe practices and professional misconduct. Within one week, our department’s management contacted me, the team leader, and the resident doctor that was involved. They spoke to all of us about how to avoid scenarios like this in the future, they recommended that we look at each other’s role on the health care team as equal not above or below one another, and that we share power and control in our patient’s plan of care. They also reiterated that if any order or intervention is unclear that it is better to seek clarification rather than have any errors occur. At the end of this whole experience, we evaluated the scenario as a group and planned to work together as a
Roberts, Barry S. and Richard A. Mann. ?Sexual Harassment in the Workplace: A Primer.? n.pag. On-line. Internet. 5 Dec 2000. Available WWW:
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KANE-URRABAZO, C. (2007). Sexual harassment in the workplace: it is your problem. Journal Of Nursing Management, 15(6), 608-613. doi:10.1111/j.1365-2834.2007.00725.x
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