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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3830
Experience:  Contracts, Wrongful termination and discrimination
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I have a supervisior who is doing her best to limit me to do

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I have a supervisior who is doing her best to limit me to do my job, lies, and constantly writes me up. i have been told by my supervisor an our current useless director they had seek advice from human resources to fire me. i have work ins healthcare for 35 plus yrs and never been written up once. i been at my current employer for 8 yrs. ive been given a verbal , yesterday i was written up. next one im out the door and my supervisor is working hard to see it through. she limits me to do my job and writes me up for not doing it. im constantly working off the clock to get my work load complete. when i don't im written up.
she lies about thing that are not true. my former director was working on firing her, in the mist of it she was fired. another former director also has helped me to protect my self but she gone as well. this supervisor is not like by all employees. i need help this is not right i have to signed under duress all these poor performance reviews that she made impossible to do. i'm hoping there is some help i can get. i file harassment complaints with my HR dept twice they wont do anything. my supervisor is constantly badgering me about my NY accent as well. is there anything i can to get help.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. I'm very sorry to hear about this situation.

I think the best thing here is to start with an explanation of the law in this area and then discuss your case in particular. In North Carolina, and throughout the United States, employment law heavily favors the employer in most situations. Unless the employee has a contract which provides that the employee may only be terminated for cause, the law will hold that the employee's right to work falls under the At Will Doctrine. The At Will Doctrine provides that an employer may terminate an employee for any reason whatsoever, even if it is a false reason. The only limitation on this is that an employer may not terminate an employee because of discrimination based on race, color, religion, sex, military status, national origin, disability, age, or ancestry of the employee.

In your case, you are being threatened with termination based on false performance reports. Given that the employer has a right to terminate you for any reason that the employer believes is fit, do you believe that the termination was actually based on discrimination regarding your race, color, religion, sex, military status, national origin, disability, age, or ancestry?

I look forward to hearing back from you.

-ZDN
Customer: replied 1 year ago.

she constantly throw at me my NY accent is a problem for me. she never did like me. and works everyday to make my life miserable. the stress she caused me has my health spiraling down. i tried looking for other employment. in my area employment is bad. ive been applying for other jobs that i am more than qualified for but not getting any calls. im being told its because of my age why no one is calling. i never experience this kind of situation. how can she set me up to fale then able to fire me.

Expert:  Zachary replied 1 year ago.
Your response has something that I think is interesting in it. Unfortunately, the fact that you are being discriminated against because of your New York accent is not actionable. However, you mentioned that they are telling you that your age is a factor makes me believe that you may have a claim under the Age Discrimination in Employment Act for a hostile work environment.

Are you over the age of 39?
Customer: replied 1 year ago.

im 56 but i cannot prove they are not hireing me cause of age

Expert:  Zachary replied 1 year ago.
That's ok. You've heard a specific statement about your age, and they are being hostile to you. That is often enough to start a claim.

Once you start a claim, you are then under protection from being terminated while the claim is pending, and cannot be terminated ever specifically because of the claim. During the claim, you can show that they are creating a hostile work environment through their unfair actions toward you and can point to your age as the motivating factor.

To file a claim, you need to contact the EEOC. The EEOC may be contacted by finding the local office's contact information at www.eeoc.gov/field. When you call in, the officer will take you through the documentation of the claim. I believe in your situation that this is the best way to try to put a cap on their unfair behavior and preserve your job.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN

Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3830
Experience: Contracts, Wrongful termination and discrimination
Zachary and 13 other Employment Law Specialists are ready to help you

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