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LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 27889
Experience:  30 years legal experience and I keep current in Employment Law through regular continuing education.
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I have been working with my company, a 501C3 in Florida for

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I have been working with my company, a 501C3 in Florida for almost 6 years. I have never had a write up, or verbal notification. My newest superviser, who has been my boss for about 1 year, has not been effectively performimg her job. She manages a territory, and is supposed to check in with us at least once or twice a week, and meet with us in person to do a calender review. I am not a ladder climber, and I have the mind set that if someone is not doing there job, it will ultimately show on their own accord. I recently learned the answers to many of my questions; she has only a HS diploma, and no college. She was promoted because she has been with the company for over 20 years. She has always been stand-offish when we have met in person, and I can tell that she does not know what the hell she is doing, and it is apparent that she bit off more than she can chew. I am on salary plus commision, and we are required to fill out daily reports so that we know how close we are to goal, and how far we need to go to achieve goal. I never questioned her spreadsheet, and I was going by what the sheet told me. I even have an email from her that on Sunday, April 29th, I needed a number of 15 to meet my goal. So, we were BOTH on the same page, as well as the staff that I utilize to help me reach these goals. Well, needless to say, I went all out and made it to 13, and could do no more. I asked her since I could have and would have made that goal if our equipment was working correctly, could she go to bat for me since the equipment breaking for 4 days was not my fault, and on MAY 4th, she asked what was I talking about, I missed my goal by 31 units. I went in, and it appears that she had not done the original spreadsheet correctly, and had changed it 4 times since the end of April. My bonus is $3000.00, so you can imagine the outrage I felt when I had interpreted the spreadsheet to be accurate, and she also confirmed the numbers needed in an email, which I have. I have all of our correspondences printed out, because I know I cannot trust her. She then shows up on 5/12/12, without announcing she is coming, and asks where I am. I am a saleried employee, and I am was out in the field. I returned to my office, where she made me sign a form that I did not make my numbers for the first quarter, and that document was dated April 3rd, and informed me I was on a 30 day probation. I noted on the form that the area I cover has never made the goals since I have been at that location for 5 years, and if she would have listened, or showed up I could have shown her the trend. So, since I did not get the document until May 10th, was I off probation since at that point, I thought I had made April? The rest of the story, she knows that I am in a very bitter divorce, and I am dealing with alot. I have a 2 year old son, and as most divorces, this is a messy, complicated one. On Top of that, to my shock, I found out that I am 2 months pregnant, (Yes, it IS my husbands), and I am considered high risk since I will be 40, and under so much stress. I informed her on the 16th of May that I was pregnant, and did I need to tell HR or anyone, and she told me no. I went ahead and notified my insurance company anyway, and told another manager just to cover myself. On Wed, May 18th, she shows up at my office, and told me that an "anonymous" phone call had been made to our HQ that I am on drugs and that I needed to surrender my work phone to her, and go immediately with her to LabCorp and submit for drug testing, and that I was suspended with pay pending the outcome, which will be NEGATIVE. I am so upset, that I actually was put on anti anxiety meds by my doctor because he felt that the stress could compromise my pregnancy. I go back to him on Monday the 23rd for a sonagram, and I honestly do not want to go back to work, because I know she is setting me up, and I am not going to let her destroy all of the progress I have made. Do I have any grounds that protect me under the "Pregnancy Act" and is there any legal options for me to take? I am about to break under all of this pressure, and I need to focus on my son and the baby that is growing inside me.
Submitted: 2 years ago.
Category: Employment Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,

I'm sorry to hear of the situation.

Is it your belief that you are being treated like this because you are pregnant?

Doug
Customer: replied 2 years ago.
No, this info was just found out Monday. I do not mean to sound condescending, but
Expert:  LawTalk replied 2 years ago.
You specifically asked: "Do I have any grounds that protect me under the "Pregnancy Act" What makes you ask?

Is this other person just a hateful, no-good loser? Is that what the problem is? In other words, is this just a supervisor that can't get along with you, likes to rattle your cage and would like to see you gone for one reason or another?

Doug
Customer: replied 2 years ago.
No, this info was just found out Monday. I do not mean to sound condescending, but I really think she is in over her head. It is her job to make sure our territory makes goals, and we have always done well. Since she stepped into this role, she possibly can't fulfill the obligations her position requires, because she has a family, and not having the proper education, she does not realize that you can't just copy and paste other people's Excel documents. It is REQUIRED that she meets with me monthly to go over my schedule, and for an entire year this has happened 3-4 times. She keeps giving me that crap, I suggest you call the EMP hotline. I am not nuts, I have a husband that is a liar and cheater, and of course, after 22 years, I am upset and trying to deal. Add a baby in the mix, and I am on overload. As stated, I have NEVER been wrong about my numbers. I feel that she is retaliating because I am questioning her altering of reports, and lack of support. Since I have never been written up or had any issues, all the sudden, I am an F up?? Let me ask you this....if my doc says that I need to be out of work for awhile do to all the stress and risk of this pregnancy, what can they do to me?
Expert:  LawTalk replied 2 years ago.
Good afternoon,

I'm sorry to hear of the situation.

First of all, as far as I can tell, your entire complaint stems from the new supervisor being over her head and trying to compensate by beating down others. There is no violation of state or federal law here. If she is abusing you because she feels you are correcting her or disapprove of how she is handling things---you can't stop her with any specific legal protection.

Many people are under the mistaken impression that if they are not treated well at work, or if they are gossiped about or berated by fellow employees or their boss, that as a consequence they are being subjected to a Hostile Work Environment and have a viable legal claim as a result. Actually, that is not the case.

The US Supreme Court has held that harassment and hostile environment laws were not meant to create a code of civility within the workplace. The phrase “Hostile work environment" is legal terminology, and relates to discrimination which is federally prohibited—race, color, national origin, religion, sex, age or disability. Absent proof that the hostility you complain of relates to one of the prohibited acts of discrimination, then I’m afraid that you have little solid ground to stand on with regard to legal redress.



If you physician pulls you out of your job, and presuming that you qualify for Family Medical Leave Act leave, you position will be protected for 12 weeks, and after that you may be terminated if you are not able to return to work.

To be eligible for leave under the FMLA or the CFRA in California, an employee must be either a full-time or part-time employee, have more than 12 months (52 weeks) of service with the employer, have worked at least 1,250 hours in the 12-month period (24 hours per week) before the date the leave begins, and work at a location in which the employer has at least 50 employees within 75 miles radius of the employee's work site.


Speak with your physician. Perhaps you are in need of some time off to get away from the situation and to protect your baby.

I wish you well in your future.

I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.

Thank you.

Doug
Customer: replied 2 years ago.

I understand. The only issue that I have is that I have documented proof that she was NOT following the numbers and reviewing the spreadsheet as she is required to do. If she even stated in the email the number requirement that we needed to achieve goal and then after the fact, the numbers had changed, I feel that she should be made aware from her superiors that she mislead me and the rest of my team. Also, if an "anonimous" complaint is made, do I have the option to know what was said and what it is that I was being accused of?? I have at least 3-4 weeks of PTO, so I could use that, and save the FMLA. At this point, she has prohibited me from making goal this month, so if I go back, here is another month that I did not make goal, all in her favor. We do have a code of ethics, and a mission statement called "The Red Treatment" In case you are wondering, I work for a blood center. It is a joke that they are considered a 501C3. I have a feeling that it is not just me. There are 5 other people with my position title in my region who are not making goals either. As stated, I have been with them for almost 6 years. I honestly have never had an issue with a supervisor. I do not know what her problem is. I think that unless you actually have a marketing background, she is just following a manual, and not thinking outside the box. I do know that she has had more vacation time than Obama, and dhe had a boob job and has bought a new car, so she is enjoying the pay increase, which is $75-100K per year. She is not going to last long, but I do not want to be the scapegoat.

,

Expert:  LawTalk replied 2 years ago.
Good afternoon,

All of the issues regarding the numbers and the spreadsheets are internal, and do not afford any specific legal right. You certainly can file a complaint against her with the company---but there is no telling where that might lead.

An employee does not have due process in terms of the right to know who filed a complaint against them, or even the specific nature of the complaint. However, if your company employee handbook requires that the company have good cause to do a drug test---then I would submit that the anonymous call did not legally constitute good cause, and the company may possibly have violated state laws as regards XXXXX XXXXX

In FL, statutory laws allowing for drug testing of privet enterprise employees requires reasonable suspicion of substance abuse, as part of routine fitness-for-duty exam, or as follow-up to employee's participation in counseling or rehabilitation. Written notice of testing program must be given 60 days in advance of any testing.

If you take time off, the employer will likely demand that you take the PTO and the FMLA leave contemporaneously---which is allowed under the FMLA regulations. If you want to avoid that from happening you will need to apply for the time off and simply tell them that you want some time off and NOT relate it to any medical condition---stress or otherwise.

No, you do not want to be the scapegoat---and it sounds like this gal is a megalomaniac with a grudge to match. You are best to do what you can to steer clear of her. If you can't get her terminated with the evidence that you have---then it may be best to wait until you have some really good dirt on her. It is only a matter of time with someone like her.

I wish you well in your future.

I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.

Thank you.

Doug
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 27889
Experience: 30 years legal experience and I keep current in Employment Law through regular continuing education.
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