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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19767
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have been with my company years. I used to get written

Customer Question

I have been with my company for four years. I used to get written up overtime I missed work and for not meeting performance goals as a jeweler even though I was also performing the jobs of clerical and polisher. When I took the job I was told I would be put in the management training program - still has not happened. I was told I had to be with the company for a year,then had to be a jeweler, then that I had to make my billing goals. A girl I work with was recently promoted to jeweler and immediately put into the program.
JA: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?
Customer: Recently things have gotten bad and I think I may have a hostile work environment claim - I have not consulted anyone yet. I now have co-workers who are blatantly ignoring me - don't respond to a greeting, don't respond to a question that is not specifically work related. I believe they are possibly spreading gossip/lies about me also. The "silent treatment" is causing me a great deal of anxiety and I can no longer perform effectively as I am constantly fighting back tears. I am bi-polar and this is triggering a depression. There is constant whispering, everybody else jokes around but if I try to join a conversation I get crickets. I have to leave by 5:50 on some days to pick up a child - I am a single mother - and co-workers get upset if I have jobs that have to get handed off so they can be QC'd and shipped. It seems someone is always upset with me and often now I feel like they are all annoyed that I am there at all
JA: Is there anything else important you think the Employment Lawyer should know?
Customer: i am trying to document things - last week some gold went missing from my box and mysteriously appeared under my bench a few days later, I am being given work that makes it impossible for me to bill out much. I just don't know if I can prove anything
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 6 months ago.
Hello,Thank you for the information. Can you please tell me what your legal question is? Also, I need to know what State you work in and if you are alleging that you are being targeted because of your medical issue? If not, why do you think you are the target and not someone else? Finally, have you filed a formal complaint with your HR department?
Customer: replied 6 months ago.
I work in Texas - I have spoken to HR and my Manager. I have also requested a transfer and was denied. I am not sure of anything that is happening. I think they want me to quit. People who were once friendly with me won't even answer my "good morning". I would like to know if I might have a hostile environment claim.
Expert:  Marsha411JD replied 6 months ago.
Hello again and thank you for your reply, although I don't see where you addressed my question about what you think is motivating these actions. That is key in determining if you have a "hostile work environment" harassment claim. In other words, under the law in order to have such a claim, not only must there be "severe and pervasive" harassing behavior but it must also be motivated by bias or discriminatory intent because of the employee's race, gender, national origin, disability, age (over 40), religion, pregnancy or military service. In other words, there is no such thing as a general cause of action of hostile work environment, it only exists in the context of unlawful discrimination for one of the reasons I mentioned. If you do believe you are being targeted for one of those reasons, then you can file a complaint with the TWC (civil rights division) and/or the EEOC and let them try to resolve it on your behalf. Of course you can always speak to a local employment law attorney as well, but you would still have to file a complaint with one of the agencies I mentioned in order to preserve your complaint. Your employer cannot lawfully take an adverse action against you for filing such a complaint. If they did, you would have another cause of action against them. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you.