Employment Law Questions? Ask an Employment Lawyer.
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
You would not sue for mental anguish, but can sue for a constructive discharge,
under the law, and employee who was forced to resign from the job, due to extreme work conditions,
can sue the employer for allowing the conditions to exist.
In order to prove your case the following must occur: 1) The employer's conduct effectively forced the employee to resign; 2) A continuous pattern of employer misconduct existed; 3) Conditions were so egregious and intolerable that any reasonable person would have quit.
I still work for the company but I stepped down from my position due to the fact I couldn't due my job because of his not taking action against problem employees. I was also written up for an incident in which he did not take action against an employee for a very blatant violation.
Can I hire a lawyer to get the written warning taken out of my employee file? I feel the blow up occurred because of my frustation at the inability to perform my job
If you are still employed but changed your position, than you can complaint to HR about the mental anguish and harassment you faced due to his actions,
a personal lawsuit against the employer would only work if you were force to quit the job
Yes, you can hire an attorney to threaten legal action if they do not remove the negative remark in your file
What if I resigned and pursued this course of action.
than you can sue them, however, I would not resign, unless you provided notice to HR in writing of the work conditions,
and the conditions are so intolerable at work that you have no other choice but to quit,
these are long and expensive case,
it is good for a threat, so you can force the employer to take action
Don't you think they would settle to make it go away?
yes, but they may settle prior to you resigning as well,
I also have strong support because another pharmacist recently went to hr for same manager failing to take action on problems
if you threaten them now that you will consider legal action, they may solve the situation, so you do not have to resign
that is good evidence,
Could they fire me for threatening legal action?
You would threaten legal action due to the hostile environment created,
if they then fire you,
you can sue them for a constructive discharge, and collect unemployment benefits, as you did not quit
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).