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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
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Experience:  Experienced in multiple areas of the law.
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I feel as if my employer is trying to make me quit my job.

Resolved Question:

I feel as if my employer is trying to make me quit my job. I have recently been put on a performance improvement plan, being hammered left and right. I have asked for my latest performance review which was done in June 2012. I received a great review and was given a 3.5 increase which was the most you could receive. My supervisor said to ask HR for the review,HR said to ask my boss. Do I have a right to review my folder which is in the HR office. What can i do to protect myself. I am almost 60 years old and cannot afford to be without my job and need health insurance.
Submitted: 3 years ago.
Category: Employment Law
Expert:  RobertJDFL replied 3 years ago.

Thank you for using Just Answer.

 

When you say your supervisor is trying to get you to quit your job, what types of things are they doing, exactly?

 

Do you have an employment contract?

 

Do you think your employer's actions are discrimination based -that is, due to something like your race, religion, age, sex, disability or national origin?

Customer: replied 3 years ago.
She nit picks everything I do. Sends me email that are demeaning. I was told that I and only I was to water all the planters. There are 23 of them and none are near a water source. I was carrying about 3 gallons of water to planters that some were 30 and 50 yards away. I hurt my shoulder and have started a workman's compensation claim. This happened on Oct 11th and I just received a call tonight from someone from the insurance company. They left a voice mail on my home phone. She wrote me up for a few things that I am contesting, one being that I called someone in my department "sweetheart" which she stated was unprofessional. Sweetheart is a word that I never use. When I asked the coworker who she said I said this to, he said I never called him sweetheart.
Expert:  RobertJDFL replied 3 years ago.

Thank you for your question. After reading my answer, if you require additional information, press "REPLY" and I will be happy to assist you further.

 

In answer to your questions, there is no state or federal law that allows you to see your employee file. If you have an employment agreement or union contract, you may have rights under such. Similarly, if you have an employee handbook, I would review that to see if there are any workplace policies that allow you acess to the file (for example, it may say something like "An employee may review their employee file upon written request to HR submitted 7 days in advance").

 

There is no law against an employer being rude or even demeaning to an employee. And, absent an employment contract, an employee is considered to be "at will", meaning they can be terminated at any time, for any reason, so long as it is a legal reason. However, it is unlawful for an employer to discriminate against (including terminating) an employee on the basis of discrimination, such as race, religion, age, sex, age, a disability or national origin. Discrimination can be in the form of hiring, firing, benefits, job duties, etc. They also may not harass an employee or treat them in a hostile manner based on discrimination (e.g., making fun of an employee because of a disability).

 

I don't have enough details to know if you believe you are the target of discrimination, but if you feel you are, you need to file a complaint with the EEOC (www.eeoc.gov). There is a lot of information on the filing process and how a complaint is handled. You can also talk to an employment attorney in your area about workplace discrimination.

 

It is also unlawful to discriminate against or terminate an employee because they filed a worker's compensation claim. Not that an employee can't be fired while on worker's compensation, but they can't be fired because of it. Again, I don't know if your mistreatment got worse after you filed your worker's comp case? But that is something to discuss with an employment lawyer.

 

The worst thing you could do is quit. If you quit, you are almost certain to be denied unemployment compensation because it would be seen as a voluntary separation. And, that would mean losing health benefits, too. The only other thing I can suggest right now is that you report any mistreatment to HR. This way, if an issue later does arise where you are filing for wrongful termination or workplace harassment, the employer cannot claim they were not aware of the issue.


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Customer: replied 3 years ago.
Thank you for this information. Can you email me this so I can view it and remember what you said. I feel alot of this stems from my being depressed as I lost my father in April and was the caregiver. He lived with me and am still grieving which causes me to not be able to concentrate, forget things, unexpected emotional feelings like crying,sleeplessness and memory gaps. Do you think I should see a therapist? My doctor put me on anti=depressants, but this continuing pressure at work makes me feel like I'm having a heart attack and pains in my chest. She also put me on xanax for anxiety. What should I do?
Expert:  RobertJDFL replied 3 years ago.

I don't have the ability to email this to you, but the question doesn't "close" for you, either. So you'll always be able to access the information by logging in as you have.

 

You could also copy and paste the document into something like Microsoft Word, and put that on your computer.

 

As to your other question, I am not a doctor or therapist, but I have experienced the death of a parent (both, in fact). Medication only goes so far, and sometimes, it can be good to talk the grief and stress you are feeling out with someone who will listen to you.

 

It could be that once you deal with your grief and stress of the loss, you may feel better at work, as well.

Customer: replied 3 years ago.
Thank you Robert. I will take into consideration your advice.
Sue
Expert:  RobertJDFL replied 3 years ago.

You're very welcome.

 

Kindly remember to press Accept as that is the only way I am credited for my time.

 

My heart goes out to you. I do hope your situation improves soon.

RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
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RobertJDFL
RobertJDFL
Employment Lawyer
10266 Satisfied Customers
Experienced in multiple areas of the law.