Thank you for using JA. I have read your comments above. What is your legal question so I can assist?
My emp(a NON-PROFIT) recently received a letter regarding me from a former Empl making some STATEMENTS (false)about me regading an incindent that had occured the week before -this person, Went past the Recept into the Admin offices without auth and barged into my office without authorization and began making slanderous statements as well as threantend some sort of blackmail against the company(implying he "knows" where the bodies are", exact word). Note I did not know this person much -I entered the Comp in oct-08 in the Accting Dept- he left the Company in March of 2009. At that time I stated to him that he was an unathorized person and I would have him ejected (bodily) for trespassing. My employer inf my superior that they wanted me to write a report stating my side of what happened (2) Based on my report they woudl decide what to do. Since that day, I have not received a copy of the letter and they have started writing me up for anything apparently preparing to fire me for just cause as required by the Employment Agremment I singed.
Question (1) Do I have a legal right to request a copy of that lettter since it refences me and may have slanderouse and libellus allegations written against me. I have allerady asked for it once, They have responded to me on everthing else with NEGTIVE ACTIONS but have kept completly silent on the letter
Question (2) Do I have as basis for Discrimiination or unjust temination in as much as to that date I have had 100% Performance Reports.
I am suspecting that they are acting on the "blackmail of this persono" who maybe told them to fire me or he would out what he knows???.
Optional Information: State/Country relating to question: Florida
1. Under your company's HR policies, you should have a right to examine and get a copy of your entire personnel file. You would need to submit the request in writing to the HR dept and pay any applicable copying fees.
2. If they end up terminating you, you could have a claim for hostile work environment. This could be considered a hostile work environment if you are being discriminated against based on one of the factors below. In the legal sense, a hostile work environment is caused by unwelcome conduct in the workplace, in the form of discriminatory harassment toward one or more employees.
The harassing workplace bully might be an employee, such as a bad boss or coworker, or even a non-employee, such as a client or independent contractor.
But who the workplace bully is doesn't matter as much in the legal sense, as does the fact that he or she is creating an intimidating, offensive, abusive or hostile work environment through discriminatory workplace harassment.
Creating a hostile workplace is prohibited under certain Federal discrimination laws.
Subsequently, to be illegal under one of the laws in the eyes of the courts, a hostile work environment typically must be caused by discriminatory workplace harassment based on race, color, religion, national origin, disability, genetics, age or sex. Additionally, the harassment typically must be severe, recurring and pervasive.
Lastly, the victim or witnesses typically must reasonably believe that tolerating the hostile work environment is a condition of continued employment. In other words, the victim or witnesses typically must reasonably believe that they have no choice, but to endure a hostile workplace in order to keep their jobs.
Listed below are the specific Federal discrimination laws under which it's prohibited to create a hostile work environment through discriminatory harassment; but, other discrimination laws might come into play. Also, the state in which you work might have enacted equivalent laws with better protections than the Federal versions.
Whether a victim or witness, you may report a hostile work environment by filing an appropriate discrimination charge directly with the Equal Employment Opportunity Commission (EEOC).
If the harassment continues, you can file a complaint with your HR department and if they do not address it, file a complaint with the EEOC.
So if you are terminated and have evidence showing that it was for one of the above reasons, you could have a claim for discrimination. You would need to contact a civil rights attorney to review your case and assess its strengths and weaknesses.
Forgot to Mention:
My COmpany was taken over (Merged ) by a Larger one (UCP-United Cerebral Palsley of South Florida-- ALtthough we merged on paper, the compies are still two seperate CORP entitites, just that the CEO/COO/CFO of one are now the same of ours. And in Nov. they transferred my out of my position in Accounting (and transferred my boss to their main office and demoting her from Director of Fiscal Affairs to Accounting Manger althought she kept her same salary of $60,000 and I was transferred to be in charge of HUMAN RESOURCES in my company (Hope Services, Inc.) WITHOUT TITLE NOR INCREAS IN SALARY-- So in essences I would be having to demand action to me but the people doing all this are the ONES at UCP and not My emidiate Superior was also demoted from CEO of Hope before the merger to Director of Hope aftrer the merger (also still retaining her original salary. HOPE this doesn't threw a wrench into you legal analysis
Normally an employer has the right to place employees where they feel they would be most useful to the organization. Additionally, if an employer doesn't want to pay additional compensation for assigning different or additional duties, that is their legal option. If your employment contract outlined the duties you were expected to perform, you can hold them to the contract that you signed and would not be expected to perform additional duties if they were drastically different than those outlined in the contract. For example, someone in HR under contract could not be ordered to perform janitorial services if they were not spelled out in their original contract duties. If no duties were outlined and the additional tasks were of a similar nature, the employee obviously would have to decide if they wanted to perform the additional duties for the same pay or seek other employment.
However if you were assigned these duties as retaliation or in an effort to get you to quit, this would be further evidence of a hostile work environment discussed above.
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