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Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2415
Experience:  Lawyer with 19 years of litigation experience in state and federal court systems.
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Good day, To whom it may concern, I have been working for

Resolved Question:

Good day,
To whom it may concern,
I have been working for a company for about 5 months. During this time I have been humiliated, shouted at and threaten in front of other employees’ to the extent that I have decided to resign at the end of January 2011.
I took the case to the CCMA. There I was asked if I want my job back or do I only wanted to be compensated. My answer was that I only want to be compensated and that I do not want to work for that company.
I started off as a Safety Officer and later the title change to Safety Manager (everything else stayed the same)
A monthly R2500.00 was offered as traveling costs as part of my salary but, I only find out later that the money not spent during the month will be lost.
The director also extended the 3 month probation period to another 3 months. At that point in time I did not say anything but, later on I could no longer carry on doing my duty to install safety systems with all this uncertainty of work security.
Now my question is what is a reasonably compensation to ask for at my hearing.
During this time working for the company I did try to make appointment with the director of the company and he just refuse to have a meeting with me in this regard and, that made me finally to end my working relation with the company.
Submitted: 5 years ago.
Category: Legal
Expert:  Lawmoe replied 5 years ago.

Lawmoe :

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Lawmoe :

I am afraid that there is nothing that protects individuals from difficult supervisors or employers.

Unfortunately, all employment starts out as employment "at will." That means you may be fired for any reason or no reason or you may quit for any reason or no reason. The only thing that changes the "at will" status is contract and statutes. If you do not have a contract for employment, you have no contractual protections.

The statutes or the law, only protects against employment decisions that are discriminatory in nature. To be discriminatory, the employer must treat you differently than others based on a suspect class as defined by statutes. They may treat you differently for other reasons not based on the suspect class. For example, they may treat you differently because they do not like you, how you dress or how you part your hair. None of those things involve a suspect class. Suspect classes under state and federal statutes differ slightly, but generally include things such as race, creed, color, religion, sex, age, disability, whistleblower etc..

If you were not treated differently based on such classifications, there is no action that can be taken. If you feel you were treated differently based on a suspect classification, you may file a complaint with the EEOC or Department of Human Rights in Minnesota.

Lawmoe :

Wit regard to compensation, nothing must be paid. As a result, your strategic bargaining positionis not high

Lawmoe :

As a severance, I would start out negotiating for a neutral referral should any prospective emnployer inquire about your employment. Also, start high in seeking a severance. As an employee for only five months, any significant companasation is unlikely.

Lawmoe :

Start at three months severance and expact to bargain down. The company will want a release from any lawsuits in return

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