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LawHelpNow
LawHelpNow, Attorney/Lawyer
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I reported my boss of a time reporting violation to human resourc

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I reported my boss of a time reporting violation to human resources, HR addressed the situation at the begining of the week by friday I was giving a verbal warning on things that are not true, what should I do?
Submitted: 4 years ago.
Category: Legal
Expert:  LawHelpNow replied 4 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you. To provide you with accurate information, could you please clarify these points:

 

  1. Does your employer have any evidence of your alleged misconduct (the untrue matters)?
  2. As far as you know, did your boss cause you to be given the verbal warning (in retaliation for reporting him)?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Customer: replied 4 years ago.

1.I asked my manager for specific isstances to what she was giving me the warning for or when I did these things and I was told she couldn't think of anything right now.

2. As far as I know I don't know if it was in direct retaliation.

 

Expert:  LawHelpNow replied 4 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional requested information, which was helpful to my analysis of your inquiry. I would be glad to interact with you further if needed after you click "Accept" to process my answer.
  2. On a personal note, please allow me to just say that I am genuinely sorry for all you have been through here. I truly hope that things get resolved in an appropriate fashion for you in this matter. You did the right thing by taking the case to your human resources folks. Sadly, more often than not I have seen a less than adequate response to such claims. It is very telling that your manager could not list specific instances. In other words, this sounds suspiciously like a warning without a valid basis in fact. Unfortunately, there is not much at all to be done in terms of formal legal action in such circumstances. Here is the reasoning behind that statement.
  3. Florida does have a Whistle-blower's Act, which allows the filing of a complaint by an employee (as defined in Florida Statutes § 216.011) who has been retaliated against for disclosing protected information. Generally, this comes about in cases where a governmental employee reports illegal activity and is fired (or otherwise disciplined) in a retaliatory fashion. However, in cases such as yours the law views this as an internal matter. In other words, sorry to say but at this stage it is an issue for handling by the company. Unfortunately, the matter of company policies and procedures is an area where the law is very reticent to intervene.
  4. I wish that I had more encouraging news to share, but my primary aim is to be upfront and realistic with you about what the law offers -- or sadly does not offer -- in such circumstances. To make matters worse, your state is one of the minority of jurisdictions (Alabama, Florida, Georgia, Montana, New Jersey and New York) with no laws guaranteeing personnel-file access. I am sorry to say it, but the botXXXXX XXXXXne is that at this point what has taken place is not actionable. Your best bet is to pursue the matter as best as you can through internal channels.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7591
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 18 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Now my company that I work for has a no retaliation policy if after I bring this back to HR and nothing changes then do I have any other actions to take?

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