What rights do I have as an employee. IF I believe that management is out to get me.I got a coaching on 6/18 it was 10 days after the infraction took place. Coaching employees is a way for management to get you to drope to a lower paying job or quite.
I hope this message finds you well, present circumstances excluded. Unfortunately, unless you have an employment contract that states to the contrary, you are considered to be employed at will. This means that the employer can takes steps up to and including termination for any reason or no reason at all.
With that being said, an employer cannot discriminate against you based on race, age. sex, religion, pregnancy or other medical conditions. If you feel that the coaching and the actions of the employer are as a result of some form of discrimination against you, I would suggest that you set up a meeting with your local Equal Employment Opportunity Commission (EEOC) office to discuss a potential claim against the employer.
I wish I had better news for you specifically regarding the coaching incident and the employer attempting to demote you or have you quit. Unfortunately, in this particular case, absent an employment contract, the law sides with the employer unless they are discriminating against you based on a specific class as mentioned above.
Does this answer apply if I consider this to be retaliation?
No. If this is considered to be retaliation based on a lawful action you have taken in view of some unlawful action they have taken, you may be in line for a suit against the employer based on retaliation. Moreover, if they were to terminate your employment based on a retaliatory action, or as a result of such, this is called the Public Policy Exception to employment at will status and would also be actionable in court.
How can I prove this to be a retaliatory action on the part of this Managament person?
Proof will be based on the facts, your sworn and notarized statements, and if possible, the sworn statements of your co-workers that have knowledge of your actions and the employer actions that resulted therefrom. If you have emails or other documentation, that will help as well.You are gonna have to be able to prove your action and their retaliatory reaction. The testimony of co-workers is often the best evidence. However, out if fear, this is often the toughest testimony to get.
What if the body of the coaching leads me to believe that this action was for overtime ceated by anouther employee? To keep him out of touble.
If that is the case, the basis of any complaint would hinge primarily on your own sworn testimony and statements.
So is what you are saying is to take my coaching to an atorney and explain the details to him or her.
Ultimately, yes. However, before doing so I would advise you to develop a detailed time line of events and details to present to an attorney. You need to be able to articulate this retaliation adequately to get the attorney to take the case.
Thank you for your help on my situation. Maybe I will go up the corperate ladder and see what happens. It could make it worse or resolve it to my satisfaction.
I wish you the best. Be sure to document everything.
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