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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50489
Experience:  Licensed attorney helping employers and employees.
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I live and work in state of MA. I have been working for my

Resolved Question:

I live and work in state of MA. I have been working for my company for 15 years. For 13 years I had good reviews, excellent
relationship with company management and complete mutual trust. My company provided very humane support, understanding and
help with my H-1 working visa and green card. I have never had any problems working with very professional and warm and kind
people in this company. Actually it's a trademark of my company - excellent and fair treatment of it's employees. Two years
ago I got new manager, who was hired at the same time. Since then I have been humiliated by his distrust, his rudeness and
unfair treatment. We were trying to come to mutual understanding. I was working very hard to do my best, XXXXX XXXXX always tries
to find something that he did not like. To make it short, he went to HR person and demanded for me to come to the office
immediately and to meet face to face with HR person. I did not expect it at all and also it was short notice. I was very
upset to the level that I had nervous breakdown. My husband called to HR person informing her the reason I cannot come. It
was on Thursday. Then I called her, saying that I already called the doctor, but did not have him called me back yet. That
is why I asked for two days off, that I had, until I will see the doctor and I will call HR on Monday morning letting know
of my state. And then we will go from there.I saw a psychiatrist on Friday, who gave me a document that I am under his care.
However, on Friday afternoon I got an e-mail from my HR, where she first accused me for not showing up for meeting in spite
we explained the reason. Plus she listed all accusations given to her by my boss, and 99% of them were complete false. And
I can prove it. Here are these accusations:
• Punctuality & Attendance: Beginning in March 2013, you were required to work on-site, but have not consistently
worked in Cambridge on a regular basis. Going forward, you are expected to work in the Cambridge office 9:30 am to 5:30 pm.
All time out of the office must be taken as Vacation, Sick or Personal, if sufficient balance allows.

• Reliability: Your ability to meet schedules, deadlines and accuracy of information given has been inconsistent.
Going forward you must reliably complete test plans, submit for approval and execute. The plans should distinguish between
tests provided by Development and those developed by you.

• Commitment: Overall there is a general lack of commitment to the role/department/company. We need to see your
commitment as exhibited by taking personal responsibility, being present to the needs of the job and the department and
adjusting and accommodating your work style.


As a result I was put on probation. Needless to say that it hurt me so much that I felt almost paralyzed. What bothers me
that HR took my boss's side, she did not listen to me. And also this is done at time while my two other higher managers are
on vacation. And I feel completely helpless. They also required for me to come to the office from 9:30 to 5:30 - this is
the hardest time in terms of traffic. I could stay in traffic up to two hours for one way. And they are aware of this. Our
company allows it's employes to have flexible hours to avoid the traffic time. All of these makes me thinking that it's
just an attack on me in order to destroy me or to get rid of me. Would you please give me an advise what to do next? I am
not going to take medical leave, I would like to work. But having two company officials being against me shamelessly and
aggressively accusing me makes me thinking that I need third party to help. Please help me with an advise what steps I need
to take further. I also must admit that all of these makes all my family members very nervous and put our health condition
into danger. Thank you very much in advance! Olga, Acton. MA.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.
Hello and thank you for the question. I am sorry to read of this dilemma. Does the company have an internal appeal process? What outcome are you seeking? revocation of the probation?
Customer: replied 1 year ago.

Hi there,


Thank you for your reply. I don't believe our company have internal appeal process.


First I want to get rid of false accusations, because they make me another person. And they hurt me so much! I worked overtime to get deadlines on time and had never missed ones, I actually committed my life to my work and to this company.


Second I want revocation of the probation.


Third, I want my boss to treat me as a dissent human being who I am and not as a criminal. I want respect not humiliation and aggression.


Fourth, I have a thought that these two my coworkers basically ruin the reputation of the company acting the way they are. However, I can be wrong here.


Thank you. Olga.

Expert:  Infolawyer replied 1 year ago.
Olga. Thanks for clarifying those needs. Practically you need to accept that the backdrop of an employment at will gives man agent broad discretion and legally can make wrong and poor decisions. That said if you provide a detailed, logical rebuttal they may reconsider on an ad hoc internal appeal.

Having a lawyer reach out raises leverage too. It can lead to a compromise around the relief you seek.

Would you like a lookup directory which you can quickly use to find a local lawyer to handle your case?
Customer: replied 1 year ago.

Hi there,


Thanks a lot. Now I have these questions:


 


- Would you please explain what you meant saying: "Practically you need to accept that the backdrop of an employment at will gives man agent broad discretion and legally can make wrong and poor decisions." ? - Sorry I did not quite understand it.


 


Then you are saying that "Having a lawyer reach out" can make things more complicated? Right?


 


To tell you the truth I would rather avoid law suites. I did not have any conflicts of this sort before and would rather resolve this peacefully.


 


But just in case, would you provide for me that lookup directory which I can quickly use to find a local lawyer to handle my case if I get (God Forbid!) desperate and helpless?


 


Thank you so much!


Olga.

Expert:  Infolawyer replied 1 year ago.
Happy to answer your follow ups, which I will do in caps below each.

Would you please explain what you meant saying: "Practically you need to accept that the backdrop of an employment at will gives man agent broad discretion and legally can make wrong and poor decisions." ? - Sorry I did not quite understand it.

 

BY THIS I MEAN THE EMPLOYER CAN DO ALMOST ANYTHING IT WANTS EVEN WRITE UP AN EMPLOYEE FOR MISTAKEN AND IMPROPER REASONS BAR LIMITED EXCEPTIONS (DISCRIMINATION, RETALIATION, BREAKING A LAW)


Then you are saying that "Having a lawyer reach out" can make things more complicated? Right?

 

I WOULD NOT HAVE A LAWYER REACH OUT AS A FIRST STEP. TRY TO REASON WITH THEM AS WE DISCUSSED FIRST ON YOUR OWN. HAVING A LAWYER REACH OUT IS A SECOND STEP BUT CARRIES SOME RISK THAT THEY WONT WANT TO CONTINUE TO EMPLOY YOU.


 


To tell you the truth I would rather avoid law suites. I did not have any conflicts of this sort before and would rather resolve this peacefully.

 

AGREED.


 


But just in case, would you provide for me that lookup directory which I can quickly use to find a local lawyer to handle my case if I get (God Forbid!) desperate and helpless?


MARTINDALE.COM AND FINDLAW.COM ARE EXCELLENT ONES AND USED BY LAWYERS TOO.

 

GOOD LUCK!! ENJOY THE WEEKEND. PLEASE CLICK ON A POSITIVE RATING FOR THE ANSWER - WHICH IS HOW I GET CREDIT FOR IT BY THE SITE.

Customer: replied 1 year ago.

Hi there,


I will rate you excellent service. Is it possible to ask you again if I need some advise next week? I would not bother you, but as I said my other managers who I could ask for help/advise are currently on vacation for one week.


Thank you again. You too enjoy weekend.


Olga.

Expert:  Infolawyer replied 1 year ago.
Of course you can! Good luck.
I tried to expedite your question. kindly click on a rating of OK or higher for the answer.
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50489
Experience: Licensed attorney helping employers and employees.
Infolawyer and 9 other Employment Law Specialists are ready to help you

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