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MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5814
Experience:  Experienced attorney representing companies and individuals in employment law matters and litigation
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I am being treated unfairly at work, but do not know what options

Customer Question

I am being treated unfairly at work, but do not know what options I have to deal with this. It started when my supervisor breached our contract and held a bonus from me for over 2 months, at which time our HR department told her that per our contract she had to pay me. This bonus was due to me again recently, but was not paid. My e-mail to my supervisor about the situation has gone unanswered. She has singled me out and held me to things that no other employee in my department is held to. She has even gone as far as to make me sign a piece of paper saying that not meeting this extra criteria would lead to my termination. This supervisor has lied to me on multiple occasions and I have proof that what she said is not true. I have also been told by a different supervisor that there is something in my personnel file that is not true. I even have documentation that contradicts this information. This has (literally) been a nerve-racking situation for me . What can I do?
Submitted: 5 years ago.
Category: Employment Law
Expert:  MDLaw replied 5 years ago.

What is the reason that you think you are being treated unfairly? In other words, is there any age, disability, gender, or race issue between you and the supervisor?

 

What state are you in?

Customer: replied 5 years ago.
I am in Missouri. There is an age and gender difference, but I don't think that these are the issue. I don't know how to explain the situation in a short manner. I just tried writing a response to you and I ran out of room. It started when she first tried to hold my bonus about six months ago. This is a several thousand dollar bonus that per a contractual agreement I am owed every 6 months. She was trying to take this away from me, for what I perceived through her wording to be at least a year, and most likely longer. I then went to an HR representative at my company who subsequently told my supervisor that she had to pay me. The following day, my supervisor met with me, told me she was not happy with the situation and that she did not want to pay me. That is when the singling me out started. I thought if I was just kind of quiet and did what I was supposed to do, this would all end after 2-3 months. It has not. That is why I am looking for some advice. Again, I know I am leaving out details that could help explain the situatin further, but I am running out of room again.
Expert:  MDLaw replied 5 years ago.

You mention that you have a contract. Does the contract say anything about termination? Regardless, the fact is that it appears that this supervisor really has it in for you. Rather than emailing the supervisor about your not receiving your bonus, you should be contacting HR like you did the first time. When you contact HR, be sure to mention that, per the contract, that you are due XXX in bonus and that if the bonus is not paid to you when it is due, that you will have no choice but to pursue a wage claim against the company.

 

If the amount of money is that significant, you might want to contact a local employment attorney in your area so that she or he can assist you in drafting the communication to HR.

Customer: replied 5 years ago.

The contract only applies to the bonus. It does not apply to any other part of my employment. I am planning on contacting my HR department. This latest email that was sent to my supervisor was actually done before the bonus was due in order to make sure that it was included in my last paycheck. I received no reply email and the bonus was not in my check. I am planning on contacting my HR department this coming week. I just wanted to get some outside advice on what rights I have.

 

Also, is there anything I can do about the singling me out, or do I just have to sit there and take it?

Expert:  MDLaw replied 5 years ago.

Per the contract, you are entitled to the bonus.

 

As far as your supervisor's actions, unfortunately, the only thing that you can do is continue to let HR know about his or her actions. It will be up the company to decide what to do about this supervisor. If they are smart, they will start to realize that this supervisor is opening them up to potential liability by denying you what you are entitled to per the terms of the contract.

MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5814
Experience: Experienced attorney representing companies and individuals in employment law matters and litigation
MDLaw and 7 other Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you for your assistance.
Expert:  MDLaw replied 5 years ago.
You're most welcome!

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