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Right of Language in the Workplace

NaiNai Registered User regular
edited January 2012 in Debate and/or Discourse
Hey guys, Happy New Years!

I have a problem that just recently cropped up. Recently as in just yesterday. I waited until today to get some more opinions about it, as I was too worked up to be thinking clearly. I will try to release as much information as I can, but would like to keep things somewhat in the dark until I am sure I have something here.

I work for a fairly large company, one that most of you probably visit at least once a month. After three years with this company, I have seen some very shady things, that were morally wrong, but all the "official" answers said it was okay. That's fine, I am not going to argue those points. I am not trying to be some sort of paladin riding in to save the day. But what happened yesterday was so close to being outside that grey area I just couldn't stop thinking about it.


There was a sign yesterday in the lunchroom as follows:

Attn:
The only language to be spoken at work is English. This includes on the salesfloor and the lunchroom.
Please do not speak any other language at work.
Thanks
(Manager's Name)

This was written by hand and posted on the board next to the work schedule where we normally clock in.

Now just a few points of clarification:

This is in Canada. I know this will be important if any lawyery type people happen upon this thread.

We employ a large work force of foreign workers under contract. This is pretty normal. The last group we got were all Filipinos. This was very nice because the area we live in has a high population of South East Asian customers, not all who are fluent in English. Currently I think our whole "team" is something like 90% Filipinos. Lastly, I myself am not directly effected by this. I am Chinese, but I moved to Canada when I was 3, and am curently 26. When I read that yesterday though, it just felt so wrong, that even I should be offended.

Our migrant workers in the past have been treated very poorly, but I won't comment too much on that. But it seems like the company is bent on doing everything in their power to cut down costs, while waving the contract like some sort or shield against action. Being good friends with the migrant workers probably skews my view a little as well, but it seems like they are being legally exploited.

I will say a few more things before opening up the floor.

I have no love for this company. I would love nothing more than to take a shot at them. I will be leaving their employ shortly for reasons unrelated, but I would love nothing more than to leave a few grenades in their laps, minus pins. My fear is that this venom has tainted my judgement and maybe everything is not as bad as it first seems. Also, I understand that large companies do these type of things all the time. I have watched more than a few documentaries about the evils of LARGE SCALE ORGANIZATION to understand that even though you don't like it, it is still perfectly legal.

I am not looking for a crusade here. I just need some advice from people that are more knowledable than myself about these matters. I would love for this whole thing to blow up in their faces, but I will settle for just making our migrant workers, who really do work harder than anyone else I know for less pay, a little more comfortable.

Thank you for your time.

P.S. I do have pictures of this sign as well, taken on my ipod. I didn't post them because I needed advice fast, and didn't have time to read all the forum rules on linked images. I can post them later if that would help.

Nai on
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Posts

  • RichyRichy Registered User regular
    Is it a jerk move by a jerk boss that deserves to be bitch-slapped to hell and back? Yes.

    Is it illegal? No.

    Is there anything you can do about it? Probably not, short of starting a language crusade against them, which it sounds like you don't want to do (understandably so) and which will probably not lead to anything (since they are a "big company we visit once a month" and need tends to trump moral outrage).

    I guess you could print out pictures of that sign and send it out anonymously to the entire customer base.

    And let us know which company it is. As a French-Canadian, I would love to stop giving them my business, if at all possible.

    sig.gif
  • TomantaTomanta Registered User regular
    edited January 2012
    I say write a copy of the sign in French and post it up next to the English one.

    EDIT: If there is a chain of management above the general manager (and there usually is) then you could file a complaint to corporate. They may or may not care.

    Tomanta on
  • NaiNai Registered User regular
    Thank you for the prompt response Richy. Just to clarify though, every store is run according to the general manager. I don't want to sour the image of the company itself, as this was hand written message. If I was to start something, I would want to make sure that the "damage" would only be done to this store. I will probably hold off on the identity of the company at this time, again just because I am not sure I have a leg to stand on. If some sort of petty internet guerrilla tactic is what it takes, so be it. But I would rather that be a last resort. I want to do this for the other workers who don't have the capability or know how, not for some own personal vendetta (as juicy as that may be).

  • FeralFeral MEMETICHARIZARD interior crocodile alligator ⇔ ǝɹʇɐǝɥʇ ǝᴉʌoɯ ʇǝloɹʌǝɥɔ ɐ ǝʌᴉɹp ᴉRegistered User regular
    Yeah, it's kind of a douchey thing, but I don't think it should be illegal. I don't think there's a justifiable "right of language" in the workplace.

    every person who doesn't like an acquired taste always seems to think everyone who likes it is faking it. it should be an official fallacy.

    the "no true scotch man" fallacy.
  • taliosfalcontaliosfalcon Registered User regular
    It doesn't necessarily strike me as a policy created just to be terrible to the migrant workers, if their jobs involve communication with customers or even other employees' internally I could see management wanting them to speak as much english as possible to brush up on it.

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  • bowenbowen Sup? Registered User regular
    It doesn't necessarily strike me as a policy created just to be terrible to the migrant workers, if their jobs involve communication with customers or even other employees' internally I could see management wanting them to speak as much english as possible to brush up on it.

    That's what I got to. Or some customers expressed concern that they wouldn't be understood properly. It's a thing.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • NaiNai Registered User regular
    Thank you for your responses everyone. I am still here monitoring the thread but I am currently at work so my replies will be severely limited. Thank you again!

  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    Tomanta wrote:
    I say write a copy of the sign in French and post it up next to the English one.

    :^:


  • FeralFeral MEMETICHARIZARD interior crocodile alligator ⇔ ǝɹʇɐǝɥʇ ǝᴉʌoɯ ʇǝloɹʌǝɥɔ ɐ ǝʌᴉɹp ᴉRegistered User regular
    edited January 2012
    bowen wrote:
    It doesn't necessarily strike me as a policy created just to be terrible to the migrant workers, if their jobs involve communication with customers or even other employees' internally I could see management wanting them to speak as much english as possible to brush up on it.

    That's what I got to. Or some customers expressed concern that they wouldn't be understood properly. It's a thing.

    Or that there might be inappropriate conduct (sexual harassment / hostile workplace / being rude to customers) that they can't monitor because the offending speech is in a different language.

    I don't think that this is necessarily a valid justification, just that it is a possible justification.

    Feral on
    every person who doesn't like an acquired taste always seems to think everyone who likes it is faking it. it should be an official fallacy.

    the "no true scotch man" fallacy.
  • bowenbowen Sup? Registered User regular
    Didn't even think about that Feral, that is probably wayyyy more likely.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • bowenbowen Sup? Registered User regular
    Of course, the other note is some passive-aggressive douche in the office hates people who don't speak English and posted the sign themselves.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • Grid SystemGrid System Registered User regular
    I am not a lawyer and this is not legal advice.

    Requiring that people only speak English while at work seems like the sort of thing that may fall afoul of the applicable human rights legislation in your jurisdiction.

    For example, Manitoba's Human Rights Code says at s. 9(1)(d) that discrimination includes "failure to make reasonable accommodation for the special needs of any individual or group, if those special needs are based upon any characteristic referred to in subsection (2)." And s. 9(2) includes at (b) the characteristic of "nationality or national origin" and at (c) "ethnic background or origin". Now, I don't know whether there is any case law that supports the argument that allowing people to speak whatever language they please at work constitutes reasonable accommodation, but it sure seems like a reasonable accommodation to me.

    If you want to go somewhere with this, maybe google your province's Human Rights Commission and see if they have any information about language rights in the workplace.

  • Element BrianElement Brian Peanut Butter Shill Registered User regular
    Nai wrote:
    Thank you for the prompt response Richy. Just to clarify though, every store is run according to the general manager. I don't want to sour the image of the company itself, as this was hand written message. If I was to start something, I would want to make sure that the "damage" would only be done to this store. I will probably hold off on the identity of the company at this time, again just because I am not sure I have a leg to stand on. If some sort of petty internet guerrilla tactic is what it takes, so be it. But I would rather that be a last resort. I want to do this for the other workers who don't have the capability or know how, not for some own personal vendetta (as juicy as that may be).

    Honestly if this picture were to go public, and hopefully blow up, the following would happen.

    1. News Papers get hold of Story
    2. Public Expresses outrage, threatens to boycott stores
    3. Headquarters releases statement claiming this is an isolated incident and not part of policy.
    4.Silly Goose who wrote the letter gets fired and all is just in the world.

    I work in a restaurant and half of my time at work is spent speaking Spanish, either to the cooks to relay and explain orders, or to hispanic customers that come in because it's always better when you speak their language. Does this new rule mean that you aren't aloud to speak Filipino to a Filipino customer? If a Chinese customer comes in who doesn't speak English very well, are you not aloud to help them in Mandarin? Its all very absurd.

    Also the French sign is great and should be posted. Please..

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  • NaiNai Registered User regular
    edited January 2012
    Wow lots to think about.
    I am not a lawyer and this is not legal advice.

    Requiring that people only speak English while at work seems like the sort of thing that may fall afoul of the applicable human rights legislation in your jurisdiction.

    For example, Manitoba's Human Rights Code says at s. 9(1)(d) that discrimination includes "failure to make reasonable accommodation for the special needs of any individual or group, if those special needs are based upon any characteristic referred to in subsection (2)." And s. 9(2) includes at (b) the characteristic of "nationality or national origin" and at (c) "ethnic background or origin". Now, I don't know whether there is any case law that supports the argument that allowing people to speak whatever language they please at work constitutes reasonable accommodation, but it sure seems like a reasonable accommodation to me.

    If you want to go somewhere with this, maybe google your province's Human Rights Commission and see if they have any information about language rights in the workplace.

    This is the direction I would like to go in. Something they cannot easily dismiss. Looks like I have a little bit of homework ahead of me.
    Nai wrote:
    Thank you for the prompt response Richy. Just to clarify though, every store is run according to the general manager. I don't want to sour the image of the company itself, as this was hand written message. If I was to start something, I would want to make sure that the "damage" would only be done to this store. I will probably hold off on the identity of the company at this time, again just because I am not sure I have a leg to stand on. If some sort of petty internet guerrilla tactic is what it takes, so be it. But I would rather that be a last resort. I want to do this for the other workers who don't have the capability or know how, not for some own personal vendetta (as juicy as that may be).

    Honestly if this picture were to go public, and hopefully blow up, the following would happen.

    1. News Papers get hold of Story
    2. Public Expresses outrage, threatens to boycott stores
    3. Headquarters releases statement claiming this is an isolated incident and not part of policy.
    4.Silly Goose who wrote the letter gets fired and all is just in the world.

    I work in a restaurant and half of my time at work is spent speaking Spanish, either to the cooks to relay and explain orders, or to hispanic customers that come in because it's always better when you speak their language. Does this new rule mean that you aren't aloud to speak Filipino to a Filipino customer? If a Chinese customer comes in who doesn't speak English very well, are you not aloud to help them in Mandarin? Its all very absurd.

    Also the French sign is great and should be posted. Please..

    This is what I was thinking about as well. The bit about not being able to speak it in the lunchroom REALLY bugs me. A lot of them will spend their lunches phoning home to their family, or talking amongst themselves. Seems like if you are on an unpaid lunch, you should be able to do what you want (within reason of course). Its not like they are shouting.

    There has been times as well when I slip into mandarin to help a customer who speaks very poor English.

    If someone wants to translate the above note into french I will post it up. Also, we have people from Barbados as well, maybe if someone wants to take that one? Would be funny to have a board full of different languages up.

    Nai on
  • HenroidHenroid Mexican kicked from Immigration Thread Centrism is Racism :3Registered User regular
    Nai wrote:
    Thank you for the prompt response Richy. Just to clarify though, every store is run according to the general manager. I don't want to sour the image of the company itself, as this was hand written message. If I was to start something, I would want to make sure that the "damage" would only be done to this store. I will probably hold off on the identity of the company at this time, again just because I am not sure I have a leg to stand on. If some sort of petty internet guerrilla tactic is what it takes, so be it. But I would rather that be a last resort. I want to do this for the other workers who don't have the capability or know how, not for some own personal vendetta (as juicy as that may be).

    Honestly if this picture were to go public, and hopefully blow up, the following would happen.

    1. News Papers get hold of Story
    2. Public Expresses outrage, threatens to boycott stores
    3. Headquarters releases statement claiming this is an isolated incident and not part of policy.
    4.Silly Goose who wrote the letter gets fired and all is just in the world.

    I work in a restaurant and half of my time at work is spent speaking Spanish, either to the cooks to relay and explain orders, or to hispanic customers that come in because it's always better when you speak their language. Does this new rule mean that you aren't aloud to speak Filipino to a Filipino customer? If a Chinese customer comes in who doesn't speak English very well, are you not aloud to help them in Mandarin? Its all very absurd.

    Also the French sign is great and should be posted. Please..

    It would also raise the other side of the issue. There is a faction of people who think that everyone should speak a particular language. It would fire them up too.

    But I don't know how strong that is in Canada. It's definitely a thing in America.

  • bowenbowen Sup? Registered User regular
    Attention:
    La seule langue à être parlée au travail est l'anglais. Cela inclut le salesfloor et la salle à manger.
    S'il vous plaît ne pas parler une autre langue au travail.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • HenroidHenroid Mexican kicked from Immigration Thread Centrism is Racism :3Registered User regular
    The only route of legal recourse I can see, by the way, is that this was not a condition of employment people were warned about before hand, that the change was arbitrarily made. So it is an unfair expectation.

    And I don't know what speech protection laws exist in Canada. There's seriously nothing that can be done? :?

    Side note: my mother is one of those people who says it should be illegal to speak anything but English in the work place (in America). But people here should be familiar with her hateful shit by now.

  • This content has been removed.

  • AldoAldo Hippo Hooray Registered User regular
    I don't get the human rights angle. Sure it's a human right to be allowed to say whatever you want, in whatever language you want. Does that mean you can say whatever you want to a customer or a co-worker? That's a question the declaration of human rights does not cover, because it is irrelevant to the purpose of the document.

    I think you are jumping to conclusions wrt the intent of the note.

    1. Is it official company policy to speak and write English while at work? I know one of the Big Oil has this rule. Even if everyone is Dutch in a conversation, you are expected to speak English.
    2. It is only a short note, do you think you can get an explanation of its intent? What if my sick grandmother calls me during lunch break and she only speaks Dutch, am I allowed to reply in Dutch to her? What if I am dealing with a customer who does not speak English very well, am I allowed to attempt to communicate with this customer in a different language? There's plenty of examples you can posit to your boss.

    Leak this to the media and you risk getting fired and you will have to explain until the day you die to every new employer why you got fired. Write a passive-aggressive note next to it and you'll probably end up in a conflict with one of your bosses. If you are seriously worried about what this means for you, you should take it up with your boss like a responsible employee and don't act like

  • NaiNai Registered User regular
    Posting the sign in different languages is funny, but I won't do it until I have a few of them for several reasons.

    One: They will all get taken down, I want to make sure they are all up before I take my snapshot.

    Two: If something does become of this, I don't want to smear it with petty stuff. Professionalism will be key. If I have a shot at this, stooping to childish mudslinging will only hurt the cause.

    It would make me feel good surely, for all the years of putting up with them, but right now that sits backseat. The migrant workers have been here for about a month now, and I have gotten to know them. They are mad, but they won't stand up. I won't be with the company for much longer, and I want to make sure everything has been done on my end to make things even a little bit better. Lord knows they have a tough 3-5 years ahead of them if the last group was any indication.

  • DoctorArchDoctorArch Curmudgeon Registered User regular
    Canada apparently has an Official Languages Act which protects bilingualism in federal employment and federal services, but unless there are court cases saying otherwise, I can't quite find anything in the language of the Act that says this bilingualism applies to private parties.

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  • KungFuKungFu Registered User regular
    I have a couple co-workers who speak to each other in Vietnamese (they're first gen immigrants) and the xenophobic comments I hear about them on the regular are so disgusting.

    Theft 4 Bread
  • HenroidHenroid Mexican kicked from Immigration Thread Centrism is Racism :3Registered User regular
    Aldo wrote:
    I don't get the human rights angle. Sure it's a human right to be allowed to say whatever you want, in whatever language you want. Does that mean you can say whatever you want to a customer or a co-worker?

    Well when it comes to customers, you have to be able to communicate with them. Nobody is going to argue that shit. My most recent job, a pizza place, employed plenty of Spanish-speaking-only folks and they weren't expected to handle customers. The only time it became an issue was when they'd act like they did all the work around the place, when they actually had less responsibility than everyone else.

    Now, speaking to coworkers, if something becomes heated and someone changes language to say something insulting, that's a dick thing to do. Handle it not heavy-handed and case to case.

  • DoctorArchDoctorArch Curmudgeon Registered User regular
    KungFu, I have had an opposite side situation at work once where three Spanish-speaking co-workers (third gen, they could speak English without any accent) were banned from speaking Spanish in the workplace because they (being 20-22 and young) were disparaging their coworkers in Spanish while standing next to them and another co-worker (who also spoke Spanish and overheard) informed management.

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  • NaiNai Registered User regular
    Aldo wrote:
    Leak this to the media and you risk getting fired and you will have to explain until the day you die to every new employer why you got fired. Write a passive-aggressive note next to it and you'll probably end up in a conflict with one of your bosses. If you are seriously worried about what this means for you, you should take it up with your boss like a responsible employee

    This. I agree completely. I came here for advice and you guys have really given me something to think about. I will carefully consider my next course of action. Again this is not a shot at the company itself. I believe the problem to be the management team at my particular store. I just wanted a stronger case than "This note is discrimination" before moving forward.

    I also have no idea what the intention of the note was. We have a very high Filipino worker count now at the store, and it seems natural that if would make them more comfortable at work. The note just rubbed me as kind of..unfair I guess?

  • AldoAldo Hippo Hooray Registered User regular
    Nai wrote:
    Aldo wrote:
    Leak this to the media and you risk getting fired and you will have to explain until the day you die to every new employer why you got fired. Write a passive-aggressive note next to it and you'll probably end up in a conflict with one of your bosses. If you are seriously worried about what this means for you, you should take it up with your boss like a responsible employee

    This. I agree completely. I came here for advice and you guys have really given me something to think about. I will carefully consider my next course of action. Again this is not a shot at the company itself. I believe the problem to be the management team at my particular store. I just wanted a stronger case than "This note is discrimination" before moving forward.

    I also have no idea what the intention of the note was. We have a very high Filipino worker count now at the store, and it seems natural that if would make them more comfortable at work. The note just rubbed me as kind of..unfair I guess?

    It's clumsy and impolite to talk to your employees by way of notes, that's something I think everyone can agree on.

  • AtomikaAtomika Live fast and get fucked or whatever Registered User regular
    My wife's last company she worked for lost their biggest contract because they were a technology support company where 75% of the staff spoke little or no English.

  • Space PickleSpace Pickle Registered User regular
    Wow, that's incredibly racist, and illegal to boot. If it was me I would do like other people are saying and let a bunch of news outlets know.

  • ED!ED! Registered User regular
    There are any NUMBER of reasons that sign went up; that there was no "justification" or explanation for it is not a reason to assume it's being done punitively or to maintain some national pride. I'm of the opinion that management was forced to put it up because of an issue off/on the floor that was brought to their attention; obviously they aren't going to say this on the note. Putting the company on blast because of a PERCEIVED xenophobic slant is incredibly reactionary; the proper first step is to inquire with management if you can get some direction/explanation (that doesn't step on the privacy of certain matter) as to the whys of the move.

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  • NaiNai Registered User regular
    edited January 2012
    I feel I should clarify that these migrant workers are 100% kosher. It was through an immigration program, where they go through courses and things like that. They speak very good English. In fact where I live, there are a lot of foreign workers that work close to the city that are a major part of our customer base who speak at a lower skill level than they do.

    Nai on
  • JeanJean Heartbroken papa bear Gatineau, QuébecRegistered User regular
    Lemme guess.. you working @ Tim Hortons?

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  • DoctorArchDoctorArch Curmudgeon Registered User regular
    Wow, that's incredibly racist, and illegal to boot. If it was me I would do like other people are saying and let a bunch of news outlets know.

    How is it illegal?

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  • NaiNai Registered User regular
    Wow, that's incredibly racist, and illegal to boot. If it was me I would do like other people are saying and let a bunch of news outlets know.

    I'm pretty sure it's not illegal. It is borderline discriminatory though. And some jobs require a very high level of communication which is understandable. Customer service doesn't work if communication is one way. I can assure that is not the case here however.

  • HenroidHenroid Mexican kicked from Immigration Thread Centrism is Racism :3Registered User regular
    Wow, that's incredibly racist, and illegal to boot. If it was me I would do like other people are saying and let a bunch of news outlets know.

    It's Canadian law, in case you missed it, so what you'd expect in America doesn't apply.

  • emnmnmeemnmnme Registered User regular
    I doubt anyone's going to be punished for violating the mysterious new sign. Toothless mandate, in my opinion. A scarecrow.

  • ronyaronya Arrrrrf. the ivory tower's basementRegistered User regular
    ED! wrote:
    There are any NUMBER of reasons that sign went up; that there was no "justification" or explanation for it is not a reason to assume it's being done punitively or to maintain some national pride. I'm of the opinion that management was forced to put it up because of an issue off/on the floor that was brought to their attention; obviously they aren't going to say this on the note. Putting the company on blast because of a PERCEIVED xenophobic slant is incredibly reactionary; the proper first step is to inquire with management if you can get some direction/explanation (that doesn't step on the privacy of certain matter) as to the whys of the move.

    unfortunately once you do so, if it turns out that there isn't really any good justification and it's just an individual bad egg in management being a dick, if you try to anonymously blow the whistle further up or to the public, it'll be immediately suspected that the whistleblower is you

    aRkpc.gif
  • taliosfalcontaliosfalcon Registered User regular
    edited January 2012
    Henroid wrote:
    Wow, that's incredibly racist, and illegal to boot. If it was me I would do like other people are saying and let a bunch of news outlets know.

    It's Canadian law, in case you missed it, so what you'd expect in America doesn't apply.

    i'm pretty sure in canada it's only the law for federal government related workplaces, and even then only for french/english, outside of quebec anyway where everything has to be french.

    taliosfalcon on
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  • HenroidHenroid Mexican kicked from Immigration Thread Centrism is Racism :3Registered User regular
    Henroid wrote:
    Wow, that's incredibly racist, and illegal to boot. If it was me I would do like other people are saying and let a bunch of news outlets know.

    It's Canadian law, in case you missed it, so what you'd expect in America doesn't apply.

    i'm pretty sure in canada it's only the law for federal government related workplaces, and even then only for french/english, outside of quebec anyway where everything has to be french.

    French Canada wouldn't surprise me at all. France goes fucking insane with that shit. Like when they sued Euro-Disney.

  • BubbaTBubbaT Registered User regular
    Feral wrote:
    Or that there might be inappropriate conduct (sexual harassment / hostile workplace / being rude to customers) that they can't monitor because the offending speech is in a different language.

    I don't think that this is necessarily a valid justification, just that it is a possible justification.

    That seems the most likely reason.

    If it was about discriminating against Filipinos, there are many more effective ways to be do so than to require English, since the vast majority of Filipinos speak English (it's one of the 2 official languages of the Philippines). You'd be a more effective racist boss simply by banning the word "ano".

    KungFu wrote:
    I have a couple co-workers who speak to each other in Vietnamese (they're first gen immigrants) and the xenophobic comments I hear about them on the regular are so disgusting.

    On the flip side, I've had co-workers who also spoke some Japanese and/or Hawaiian pidgin, and the comments we've made about others (both customers and co-workers) who don't speak the language haven't always been the most flattering things, either.

    Using a foreign language at work isn't really any different than whispering or speaking in some other form of code. It can easily be seen as rude, and lead to divisiveness in the workplace.

  • NaiNai Registered User regular
    BubbaT wrote:
    Using a foreign language at work isn't really any different than whispering or speaking in some other form of code. It can easily be seen as rude, and lead to divisiveness in the workplace.

    This was something I had not considered. I suppose it all comes down to intent. Still don't know what to do at this point. I will probably sleep on it to avoid doing anything rash. Perhaps look up some of the work place laws and such.

    Thank you to everyone who replied.

    Happy New Years!

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