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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32571
Experience:  Employment Law Expert
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I have worked company years. I got a new director 3 years

Customer Question

I have worked for a company for 8 years. I got a new director 3 years ago. At that time she told me I did not meet the critiera of my role as Lead Instructional Designer. She also said I did not meet the requirements for a instructional designer. I was a designer who knew everything about the business. No one every went through my modules and told me what was wrong or marked it up. I had a team member who was an English teacher review my work and she work an email to my director and manager explaining my work showed marked improvement. That was in October. Then in Nov. my boss wrote me up saying I needed to be concerned about my job. He did the same thing in December. The director took the time to mark up a module showing where I needed help. In the three years I worked for her this never happened. I've been on stress leave since December. I would like to sue the director and the company. My own manager resigned in December due to stress
Submitted: 10 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Is there a specific question with which I could assist? Also, what state is this?

Customer: replied 10 months ago.
I live in Texas, but the company is I Washington state. Can I sue the company for not providing me examples of how I needed to improve my work before they put me on a disciplinary plan
Customer: replied 10 months ago.
They had 3 years to do so
Customer: replied 10 months ago.
r u there?
Expert:  Dwayne B. replied 10 months ago.

Unfortunately, that's not a cause of action in either Texas or Washington.

Both of those states, as well as most others, are what are known as employment at will states. Employment at will essentially means that an employer can set any rules or standards they choose to set (with a few exceptions) and they can't be successfully sued for it. The exceptions are things like race, gender, age, disability, etc.

Expert:  Dwayne B. replied 10 months ago.

So long as their rules don;'t actu in a discriminatory fashion against a identifiable group of protected individuals then it is legal.

Expert:  Dwayne B. replied 10 months ago.

There is another exception called the "public policy exception" which includes things like whistle blowers.

Expert:  Dwayne B. replied 10 months ago.

Sorry, had a bunch of typos in that first line and I accidentally clicked send before i fixed them. It should read:

So long as their rules don't act in a discriminatory fashion against a identifiable group of protected individuals then it is legal.

Customer: replied 10 months ago.
What if the company does not have any black person working in management and I'm the last black person she has on her team and I'm 58.
Expert:  Dwayne B. replied 10 months ago.

If you believe their actions were a result of your age or race then you can certainly pursue them on that basis but you must have some kind of evidence at some point. You would first have to file a charge of discrimination against them through the Equal Employment Opportunity Commission and there is a very limited amount of time to do that, as short as a few months in some circumstances.

Before you file the charge you should meet with a local employment lawyer to discuss wording, etc.

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