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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20130
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am the company trainer. I have been working same

Customer Question

I am the company trainer. I have been working for the same company for 5 years. I have been trainer for the company for 3 years. Yesterday my boss brought me into her office and argued with me about all the new employees telling her that I have been saying things about her to frighten the new employees and that they know stories about me that are impossible for them to know unless I told them. I never in any way have tried to get the new employees to, as my boss said "turn them against her". She told me that she had called former employees and spoke with current employees and they have written statements about things I have said to them and every ones stories are the same. She even felt that it was necessary to tell me that all of my co-workers think I am bi-polar was very wrong for her to say to me. She told me I was suspended with no pay and I can return to work on Thursday. She handed me a write up that I did not agree with and asked her what would happen if I didn't sign and she said she had enough evidence to terminate me.
This is not the first time my boss has made my work place unhealthy for me and has many times caused turmoil between my co-worker and I, making it extremely uncomfortable and difficult working conditions. I have even been approached by co-workers and screamed at to the point I have written incident reports and my boss told me that it was something I needed to resolve, even though I felt threatened, she said there was nothing she could do for me.
This is no longer a situation I can argue and I should have contacted an attorney when it happened but back in March 2012, my boss smacked my hand...I stood up for myself and told her to never touch me and she responded with "omg you found that offensive"?. She fired me and then put an eviction on my door to my apartment door and was there before I even got home. Then I was rehired because I begged for my job back and I was living at one of their properties and I was even more frightened because I was about to lose my home in 24 hours due to a form I signed that if terminated we had 24 hours to vacate the premises. I am a Property/Resident Manager for a Management company.
My question is being that I am terrified to go back to work, the company has no human resource department for me to turn to with my concerns...I fear that when I return my working environment will even more so unhealthy and uncomfortable. I don't know what to do. I would like to just turn in my 2 weeks notice but I fear that I wont be eligible for unemployment benefits to help me pay bills and take care of myself until I find another job. I am no longer living on property and have found a duplex to rent so I know my home is safe and they cant take that away from me.
Is there any hope for me to get unemployment if I submitted my 2 weeks notice?
Thank you, Samantha
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature. I am sorry to hear about this situation. First, let us clarify - do you feel any of the above is due to discrimination like sex, religion, creed, etc?Or, not?This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Sex Discrimination, Absolutely! I have had many former employees that quit or got fired, call me and tell me thank you for all I have done for them and to watch out because my boss talks bad about me to other women at other properties and saying things to get my co-workers to be against me. I have never asked or wanted to hear what she said because I felt that there was no point and there wasnt anything I could do anyways. I have tried sticking up for myself once and she said that she was "proud that I stuck up for myself." Which indicated to me that she was intentionally making me feel bad.
At my last review she gave me high remarks and a raise but right before she left...made a point to tell me that many people are after my job and that I am easily replaced. I felt very threatened and I couldn't understand why she felt the need to state this too me.
Customer: replied 1 year ago.
She treats the men in this company in a whole different demeanor.
Expert:  Ely replied 1 year ago.
Hello,I am sorry but I am online for several hours today, so I will opt out so as to have you helped faster so you do not have to wait for me to get back online. Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.
Expert:  Marsha411JD replied 1 year ago.
Hello,Thank you for the information. I am a different Expert and will attempt to assist you. Just for clarification can you tell me how many employees work for your employer? Who handles the HR functions and is there anyone the supervises the boss that you are having issues with and if so, have you spoken to your concern?
Customer: replied 1 year ago.
I would say that my company has for sure over 50 employees but not sure if over 100..We do not have an HR department...I have spoken with the Owner and the Corporate office Manager but than I usually get yelled at from my boss for doing so and nothing is ever resolved. I have been told by many employees that if you force your concerns that you will get fired. I have witnessed people getting fired for sticking up for themselves.
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for that information. Normally, bullying and unprofessional conduct in the workplace is not illegal. It is definitely unprofessional and unacceptable, but not often illegal. It only becomes illegal when it becomes "severe and pervasive" and is motivated my discriminatory intent or bias because of an employee's race, national origin, sex, religion, disability, military service, pregnancy, and AIDS/hiv status. In the latter case of harassment, the employee must first exhaust their administrative remedies with the employer to resolve the situation before they would have a right to file a complaint with the State civil rights division , the EEOC, and the courts. That usually means filing formal complaint with whoever has the HR function or the Senior Administrator, assuming they aren't the ones discriminating. If you believe that your boss's actions are motivated by your gender and not just her poor management skills, and you have filed a formal complaint with the people within your company who can resolve the issue but haven't, then you can file a complaint with the State and the EEOC, and will want to sit down with a local employment law attorney to discuss the details of your case to see if they believe you will have success with your claim. Please feel free to ask for clarification if needed, I would be glad to assist you further if I can.
Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 25th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.