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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12573
Experience:  Attorney experienced in numerous areas of law.
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IVE BEEN WORKING FOR A HOSPITAL 4 YEARS. THE FIRST YEAR MY

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I'VE BEEN WORKING FOR A HOSPITAL 4 YEARS. THE FIRST YEAR MY DIRECT SUPERVISOR MADE A MOVE ON ME 3 TIMES PHYSICALLY AT A OUT OF TOWN SEMINAR. I TURNED HIM DOWN. I DIDN'T TURN HIM IN RIGHT AWAY UNTIL I HEARD HE WAS SAYING MALICOUS THINGS ABOUT MY ABILITIES AT WORK. THEN I TURNED HIM IN TO MY SUPERVISOR. HE WAS CONFRONTED AND ADMITTED WHAT HE DID. COME TO FIND OUT HE HAD OTHER AFFAIRS THAT MY EMPLOYER NEW ABOUT. A LADY GOT FIRED AND REPUTATION RUINED WHEN HE DENIED. THIS WAS PRIOR TO MY INCIDENT. PEOPLE KNEW ABOUT MY SITUATION WITHOUT MY APPROVAL. HE IS NO LONGER AT MY COMPANY. ANOTHER SITUATION WHERE I WAS PROMOTED TO A SUPERVISOR ROLE IN ANOTHER DEPARTMENT. THE PRIOR SUP WAS DEMOTED AND PUT UNDER ME. MY ANNUAL EVAL STATED A SURVEY CONDUCTED BY MY EMPLOYEES & PIERS. 3 EMPL MADE COMMENTS AND NOW i'M BEING DISCIPLINED. COME TO FIND OUT THAT 2 EMPLOYS & PRIOR SUP GOT TOGETHER AND COMPARED NOTES BEFORE TURNING THEM IN. TWO OF MY EMPLOYEES TOLD ME. MORE DETAIL BUT OUT OF SPACE. ??? CHRIS
Submitted: 7 years ago.
Category: Legal
Expert:  Brandon M. replied 7 years ago.
Hi there:

so if I understand, the question in whether the employer can be selective about who they survey?
Customer: replied 7 years ago.

I FEEL THAT I HAVE BEEN VICTOMIZED TWICE BY THIS COMPANY. THEY ARE DISCIPLINING ME BASED ON A SURVEY AND QUESTIONING MY MANAGEMENT SKILLS. 1. CAN THEY DO THAT WHEN THERE IS NO EXAMPLE OF WHAT I DID, WHEN I DID IT, AND/OR DID IT EVEN HAPPEN WITHIN THIS CALENDAR YEAR. 2. SEEMS LIKE THESE THREE INDIVIDUALS CONSPIRED TO MAKE ME LOOK BAD, WHAT DO YOU THINK. 3. THE DEMOTED SUP HAS BEEN UNDERMINING EVERYTHING I DO AND MANY PEOPLE HAVE NOTICED BUT NOTHING IS DONE ABOUT IT. 3. TWO EMPLOYEES KNOW WHAT THEY DID AND CAME FORWARD IN MY MEETINGS TODAY. MY SUP SAID MY EVAL WAS VERY GOOD UNTIL SHE GOT THE SURVEYS BACK AND BASED MY WHOLE EVAL ON THESE THREE PEOPLE. ONE LAST QUESTION...CAN A COMPANY SEND OUT AN EMAIL TO SELECT INDIVIDUALS TO SURVEY YOUR PERFORMANCE? THIS IS NOT SOMETHING PRACTICED BY ALL DEPARTMENTS WITHIN THE HOSPITAL. I'VE NEVER BEEN ASKED ABOUT ANY OF MY COWORKERS OR PIERS. THANKS, CHRIS

Expert:  Brandon M. replied 7 years ago.
Last questions: (1) do you work for a private company or for a governmental agency? (2) are you a union member?
Customer: replied 7 years ago.
PRIVATELY OWNED HOSPITAL AND NONUNION
Expert:  Brandon M. replied 7 years ago.
Hi again:

Wisconsin is an "at-will" employment state; this means that under most circumstances the employer or employee can terminate the employment relationship for most any reason or for no reason at all. As this is the case, if the employer for some reason saw fit to get input on your job performance by certain individuals and not others, it is ordinarily their right to do so--regardless of whether you deserve it or not; it cuts both ways (even though it may not feel like it) since you can ask whoever you want about what it is like to work for the company and "fire" them as your employer with or without cause.

The situation is different, however, when discussing what the employees have said about you; if lies or misrepresentations are being said or circulated against you, you would ordinarily have a basis to sue in civil court for "defamation of character". The amount that you could recover for would include loss wages, as well as hurt feelings.

Let me know if more information is needed, and please remember to click "accept". Thank you.
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