Employment Law Questions? Ask an Employment Lawyer.
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.
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.
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.
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