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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
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I recently resigned from a full time with benefits position

Customer Question

I recently resigned from a full time with benefits position due to the ongoing problems my family dynamic caused the employer/location. I had been written up due to multiple abscences during flu season, stomach virus season, etc, from having a sick child. I knew that if I didn't resign to save my career repretation and character, I would eventually be written up with a final warning if not termination for absenteeism.

In my resignation letter, I stated that I would like to stay with the company prn ( as needed). The location I worked with did not want to keep me prn but a different location within the company took me on prn because they knew I was a good employee.

During my 30 day notice period, (which was required per contract due to nature of my employement), after giving a notice of resignation, I was written up again out of retaliation and I refused to sign that write up. (My child had become ill once again and I was absent from work but was able to come in on my day off to recoup the hours)

Now that I have started with a different location prn within the same company, my new location wants to hire me full-time with benefits. When they went to HR to obtain my employment file, my former manager had placed a "correctional status" notice on my employee file just a few days prior to my processing day to block my reinstatement as a full time employee. Is this legal and is there anything my current manager can do to derail my former managers attempts at retaliation? Also, Is it customary practice for an exit interview to be denied an employee when requested even though the employee is just going from one position to another within the same company?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 3 years ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

When you say retaliation, that is a legally specific word. What complaint had you made, concerning discrimination or workplace law violations, that made this treatment of you retaliation?

Customer: replied 3 years ago.

I never filed a complaint in writing. I made a verbal statement to the person giving me the write up that I knew it was in retaliation for my resignation and I refused to sign acceptance of the write up. I simply wanted to leave in peace because I wanted my career intact. Now once my new manager has returned to look in my employee file to change my status back to full time she has hit a roadblock with HR because of this "final correctional status" my former manager has placed me in. Mind you this status was not there on the day of my leaving the previous manager's location. It would have had to have been there when my current manager saw file to make me a prn employee. This is why I also feel it is in retaliation for being brave enough to leave one location for a better or more flexible opportunity.

Expert:  Allen M., Esq. replied 3 years ago.
Ok. That's not legally considered retaliation in state or federal law.

When we refer to retaliation that is actionable, it is based on your having made a complaint to your employer about discrimination due to your race, religion, gender, age, disability or FMLA use.

Retaliation internally for resignation is not actually illegal in state or federal law. An employer or manager is legally allowed to throw a temper tantrum when someone resigns. If you're going to have any retaliation claim, it is going to be internally through your company HR. You can complain higher to this person's boss, but there is simply no external method of charging this as some form of illegal retaliation.

Now, if you can prove that this person is telling lies to cause you harm, that is the tort of defamation of character. You can file that claim individually against the manager that made this complaint, but that will not force the company to change your current employment status unless they wish to do so. It's not an employment law method, but a civil court tort law method directly against that person that is defaming you.

As for this employment status, that is going to be a matter of dealing internally within the company.
Allen M., Esq. and 2 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
When future potential employers call HR to obtain references, will this potentially be information they can share that would keep me from obtaining employment or shed a bad light on my character as an employee? Do I have a right to have a copy of my employee file as it looks upon the day of my last day of employment and can negative or positive documents be added to my file after my last day of employment?
Expert:  Allen M., Esq. replied 3 years ago.
A former employer can tell future employers anything that is true. Now, because employers don't like the idea of being sued for saying something untrue, they tend to restrict what their HR people can actually say. They might only give dates of employment, position, and they might say whether or not you are rehirable. Rarely would they get into specifics. I just can't tell you what this employer will do.

If they make false statements of fact though, that is defamation. If all they say is "a manager placed a "corrective status" on his file right before he left, that's not a false statement.

North Carolina does not make your employment file your property, as some states do. It is the property of the employer. They only have an obligation to share with you information concerning exposure to chemical and other hazards. Because the file belongs to the employer, they can add documents after you've left.

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