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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20231
Experience:  Assisting employees and employers for over 14 years.
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Good morning, Im not sure if I have a case for constructive

Resolved Question:

Good morning,

I'm not sure if I have a case for constructive discharge, but I've been told by a friend I should seek legal advice.

I have been working in the Qatar for over 20 months now for a US company. Over the last 8 months I have been harassed, talked down to and generally slated over my job by my Operations Manager. I have already talked to him about it and he reassured me he was not going on a witch yet still finds ways of questioning my abilities and putting me down. In the same meeting he told me that he was going to change my position (demotion) because they needed help and he can "move me wherever the hell he wants." He told me he has the power to deny contracts, and he didn't have to rehire me and i should be grateful, but HR at corporate says he doesn't. Even to the point of using false information and sending it out to the entire site as truth. My supervisor had to step in and clear the situation. I've talked with my supervisor to do something and I've even made HR complaints to no avail. After the HR complaint he seemed to cool off for about 4 months but he is starting again. When I was thinking about quitting in November he asked me when I was putting in my notice. I said I still need to talk it over with my fiancé he made an off handed comment, "if you want to be controlled that way..."

Recently he sending me emails about me having to step up because he not saying I sit around but I'm not stretched thin either. My supervisor even talked to him about backing off and he had no problems with me at work again. Still nothing worked. I even sent an email asking him if we could talk with my supervisor sometime soon and try to understand where the miscommunication was happening for him to reply, "obviously you are not getting it....which is no surprise to me." So he refuses to talk. HR has done nothing, and I am at my wits end. Even reports that I send him are blasted back as wrong and I need to fix it, but my supervisor will send back the same "wrong" report he sent me to fix and it is magically great.

I'm 4 months away from the end of contract but I feel it is so unbearable I'm willing to walk away from the 10k bonus and almost 10k worth of paycheck I have left in my contract.
Submitted: 1 year ago.
Category: Employment Law
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

I am sorry to learn of the circumstances you've described. So that I may better assist, please clarify: what is your actual question that you'd like assistance with? What information are you seeking from JustAnswer?

~~ J.B.
Customer: replied 1 year ago.
I'm not sure if I have a case for constructive discharge or what legal matters I can do to get my operations manager to stop with the harassment. I've done all the steps, but nothing seems to work. Telling my supervisor. Talking to him and addressing the problem. HR complaints.
Expert:  JB Umphrey replied 1 year ago.
Thank you. "Harassment" in the eyes of the law has limited meaning. Context is important. Are you claiming that your supervisor is harassing you because of your age (over 40), disability, genetic information, national origin, pregnancy, race/color, religion, or gender?
Customer: replied 1 year ago.
I am Asian American, but I think that has nothing to do with it. He has several times tried to get rid of me from or demote me from the company. The operation manager has intentionally created and knowingly permitted working conditions that is intolerable and aggravated at the time to get me to quit. Any reasonable employer would realize that a reasonable person in the my position would be compelled to resign.
Expert:  JB Umphrey replied 1 year ago.
I entirely understand. It sounds like you have a really bad manager.

Being a poor manager, however, is not a crime.

It's not against the law to be a bully, be paranoid, etc.

That is not illegal harassment. It's poor management but it's not illegal. It's a toxic work environment but it does not violate any current employment laws. Thus, you can only try to resolve the differences with HR. There is no outside legal leverage you can use to force the conditions to improve.

I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.

I hope you understand.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20231
Experience: Assisting employees and employers for over 14 years.
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