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 Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116144
Experience:  20+ Years of Employment Law Experience
10285032
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I work in Idaho at a health care facility where my boss is

Customer Question

I work in Idaho at a health care facility where my boss is making up lies about my behavior or exaggerating issues to write me up. Recently I sent positive examples of feedback to my 3 supervisors that were very nice and I thought they would like to see how I interact with others. I ended up receiving an email in return that said, "Stop sending these. This type of campaigning is inappropriate. We know you do good work." Then I was so upset that I started to cry as I realized she didn't want to hear anything positive about me. I replied "Thank you for the kind remark. I ate something and feel sick so I am going home. I will give my interventions (part of my work that day) to Matt." Then I was called by my manager who said
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: "this is passive-aggessive and I will not tolerate it. You are suspended and may not return to work until I tell you. "
JA: Has anything been filed or reported?
Customer: When HR called me to come into their office almost a week later, they had a PIP plan for me to sign.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just prior to this email, I was called in for negative counseling about not having a project done and 2 instances of disruptive behavior. I asked the supervisor to look on the share drive and she would find the project complete and put where she had asked me to and that it had been done for a couple months. I guess they didn't even look before calling me in. Also, I do have an observation of one of the supposed disruptions in writing that counters the disruptive behavior (supposedly interrupting her evening meeting) that says she stopped me for what she thought was an error on my part, and it seems she wanted to call me out on it in front of everyone. Instead, it made her look poorly.
Submitted: 8 months ago.
Category: Employment Law
Customer: replied 8 months ago.
In the write up of PIP, manager included the quoted email, but conveniently left out the statement about we know that you do good work. I feel harrassed and feel it is retaliation for reporting bullying and hostile behavior two other times to HR. This new manager rules by intimidation and fear. She feels untouchable. I am going to quit and give two weeks notice. I am 63 years old and most people I work with think I am kind and helpful to co-workers. They are trying to make me look like I am mean to the technicians that work under me and others. These are always one sided in that they never ask for my side before counseling me. I am going to give two weeks notice Monday and they will probably just ask me to leave as this is a work at will state. I will also try to get unemployement but have no idea if this is considered a just cause to quit.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What you describe is workplace bullying, which is legally not something you can sue over UNLESS you can prove it is retaliation for reporting DISCRIMINATION based only on your age/race/sex/disability/national origin.
So, do you have any evidence that this is being done to you only because of your age?
Customer: replied 8 months ago.
Not really I guess sept that I'm being moved from a clinical position to a distributing position where all the people over 60 work
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
If there is indication that they are moving you because of your age, your comment that all people over 60 are moved there, then that can be used as evidence of your claim that this conduct towards you is based only on your age. So, what you are describing shows a pattern of discrimination based on age for moving you "out to pasture" so to speak with all the other 60 year old employees.
Your recourse in that event is to file a complaint with the EEOC (http://www.eeoc.gov) for discrimination and provide them the evidence of how the employer keeps moving all older workers to distributing against their will.
So you do have recourse and if the EEOC finds systemic patterns of discrimination like you describe, they will give you a right to sue letter to sue the employer for this discrimination and harassment based on your age.

Related Employment Law Questions