How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20173
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
19127644
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I received q performance review first time in a yr and 3

Customer Question

I received q performance review for the first time in a yr and 3 mths that stated I had 30 days to make changes or I was to be terminated. I had no prior written of verbal documentation on my record for poor performance. I was to come up with a plan to turn things around and go over this with my boss. which I did all that was asked of me only to find my job posted on the company website a week later. I then had to have emergency surgery and am out on fmla at the moment only to find that my company phone has been shut off as if I am fired. Can I sue?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
i am in the state of oregon and have had to deal with my boss rolling his eyes at me when I speak with a room full of people and am also the only female manager on his staff that is way under paid and work at least 60 hours a week. his expectations are you are on call 24 7. he is very demeaning and demoralizing if you are not part of the good old boys club
Expert:  Marsha411JD replied 1 year ago.
Hello,
Thank you for the information and your question. However, I will need some additional information in order to assist you properly. Have you called HR to ask about your status? If not, why not? Also, does your Company have a set written procedure for stepped discipline that has to be followed in all cases prior to termination?
Customer: replied 1 year ago.
I have not called HR to ask about my status and will not do so. She is not friendly at has had many complaints made against her.
Oregon is a at will state but when I tried to get rid of someone on my team she informed me that I had to go through the written documentation to do so... I feel if they were to terminate me would they not be responsible for telling me and not my responsibility to ask? I now see that they have taken my job off of the company posting? I find this odd.... I have been used and abused at this company and feel I have been a target
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply, however, I don't see where you responded to my question about written discipline procedures. Nevertheless I will address the legal issues without that information.
Although I can understand your frustration with your situation and reticence to contact HR, it will be absolutely necessary for you to know whether or not you have been terminated before you can take any legal action. Suspecting that you have been terminated is not enough, and nothing in the other information that you provided would, without termination or demotion, not be sufficient to sustain a legal action.
If you do discover that you have been terminated, or are terminated after returning from FMLA, and you believe that this is motivated by gender discrimination, then you can file suit, but would first have to file a discrimination complaint with the EEOC and/or your state's civil rights division. That is a prerequisite to filing suit.
If you are not terminated but your employer demotes you or otherwise takes an adverse action against you, and you believe it is motivated by your gender, then you will first have to file a formal discrimination complaint with your HR Office. Like it or not, the law requires that the employer be given an opportunity to fix the problem before they can be held liable as a company for violation of the law. If they don't resolve the issue, then you can take the steps I mentioned above to pursue your discrimination case.
Please feel free to ask follow up questions if you need to.
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 19th. 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.