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Question

My daughter works for a corporate housing company. She is hardworking, about to finish her graduate degree in communications mgm; and from everything I've heard for the last 18 months is a real valuable team player. However, late fall '08, she overheard her office mgr and regional mgr, talking to a subordinate employee that was exptremely derogiator and defaming the character of my daughter. When my daughter later confronted the manager, she did not dispute her comments. My daughter eventually got the company's HR and VP involved. My daughter just received her work performance and naturally this same mgr told her she's got 60 days to improve her corporate bookings or she'll be fired. It doesn't take a bright person to figure that corporate apartment bookings are on the down swing. Are there employee rights that can protect my daughter as she is attempting to leave this horrible companemployment attorneys that can help my daughter leave this company without this company further?

Submitted: 279 days and 15 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Cincinnati, Ohio

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Accepted Answer

Thank you for your question.

Unfortunately, this type of situation is quite precarious and may not afford your daughter significant legal remedy. Although it is unprofessional for a manager to be talking behind your back, generally it is not legally actionable behavior unless the manager is giving out objectively confidential information about the employee to someone who should not have that information. Although one would expect a manager to act professionally, there is no legal standard requiring a manager to like an employee or act professionally.

In this case where it seems like the manager has a personal dispute with your daughter, there is nothing to prevent the manager from trying to find flaw with your daughter's corporate performance (especially if the company is backing the manager). Although it is unfair, unless the manager is picking on her because of membership in a protected class of people (i.e. race, religion, etc.) then your daughter probably does not have a lot of legal recourse. To add insult to injury, absent an employment contract her employer may terminate her for any reason (or no reason) that is not discriminatory based on her membership in a protected group.

Where your daughter does have rights is where her employer tries to make false statements of facts (that are not opinions) to a third party lessening your daughter's reputation and causing her monetary damages.

Please let me know if you have any other questions on this matter and/or require further clarification.

Good Luck!

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Expert: LawGirl
Pos. Feedback: 100.0 %
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Answered: 2/16/2009

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I have practiced employment law.

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