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Recent Berating questions

I work retail and recently my store manager was let go by

I work retail and recently my store manager was let go by loss prevention. I am second in command and my district manager asked if I wanted the store manager position I said I would consider it and he put me in as "acting" store manager and sent me to store manager training out of state and verbally poised me the permanent position. When I got back he met with me and said that the senior VP of stores did not want to promote me but would not tell me why. I'm confused because my store was the top three in the company last year and I have a proven track record with this company so I feel I am being punished because of my previous manager's mistakes. Is this discrimination? It's my understanding they are still look for a store manager and they are waiting for me to complete my 90 days as acting store manager but I have a feeling they have already offered it to another, they are just waiting.

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Juris Doctor

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Our boss told the Board of Directors in December 2015 that

Our boss told the Board of Directors in December 2015 that one of my co-workers would be retiring in 2016. There had been no discussion that he would be retiring. The boss just assumed. The boss has now demanded to know when a co-worker will be retiring. He has even gone so far as to check the internet to see if my co-worker's house is for sale and find out any information he can. He has also made mention to me that "you will never retire" although I am of retirement age. I am afraid that he will begin to also badger me in this regard. Just what are my rights in this situation?

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I'm working in a very hostile environment from my direct

Hello, I'm working in a very hostile environment from my direct supervisor. I've been with the same company for nearly 11 years, 10 years at a different division. My position was "eliminated" last March, but was offered a $10K "retention bonus" for staying on to train 3 people to take over the eliminated position. I was one of several people laid off who were between 55 and 68 years old.At the end of the training I accepted a transfer to a different division within the company. In accepting this job I was accepting a $10K pay cut and was no longer eligible for the bonus described above.Since being in this new position, I have been humiliated in front of my peers and co-workers, demeaned, demoralized, embarassed and ridiculed by my supervisor. When I apporached her to stop speakng to me in this manner her answer was "Im like this with everyone." Since then she spoke to HR about me, who brought me in to discuss my performance. I explained in detail that my performance is being seriously impacted by the abusive and adversarial treatment from my supervisor. HR was supposed to speak with her as outlined in an email I received from HR, to be used as a "teaching opportunity" with my supervisor. I don't believe anything has been done, as the harassment has continued. Recently I visited my doctor for excessive work related stress and was placed on two medications. Last week, to top alll this off, I received an extremely critical and negative review of my work performance; this after 10 years of exemplary reviews from the same company at the prior divison. I am a 30+ year professional in my chosen field and have never been treated in this manner.I'm currently in possession of an email from HR outlining the discussion, confirming my concerns over her behavior, and a letter from my physician explaining in detail his concerns over my job related stress with relation to this supervisor.What is my recourse? I need to work, but there is no fixing this situation. I also feel that there could be some age related and medical discrimination based on her commentary. I want to work for another 10 years but at 63 years old I have no illusions about the issues I'll face in the job market.Who can I talk to and work with to get this resolved?Thanks.Tom S

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Marsha411JD

Doctoral Degree

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I'm a pharmacy manager at Walmart. To make a story short, an

I'm a pharmacy manager at Walmart. To make a long story short, an employee made an "open door" complaint that I was not always professional when I spoke to her. Though I disagree, first my market director had my entire staff taken into the office and interviewed about how they like working for me. This was done in front of me while I was at work, causing me embarrassment and horrible anxiety. After day 1 of interviews, I called him to let him know I can't focus at work and having anxiety and he told me I basically had to deal with it. The next day they interviewed my remaining staff in front of me taking each one into the office and again, I was distraught and couldn't focus on my job. 2 days later in a meeting with him and 2 other managers, he asked me to divulge my medical conditions and asked what medications I was taking in front of everyone. I was embarrassed as he probed into my personal life and my anxiety disorder. At the end of the meeting, he asked me to hold a meeting with my entire staff and ask them what concerns they have about me personally, write them on a board, then take that list of "insults" to the pharmacy and post them on the wall with statement on how I'm going to change, then email him my plan of action. I feel horrified. I have not had this meeting because I feel it's insulting, humiliating, and belittles me as a manager. I feel all of this is wrong in so many ways. What should I do? Is it legal for him to put me through this?

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I was accused of slapping the hand of a employee is was on

I was accused of slapping the hand of a employee is was on camera ,but I have 2 witnesses that I did not slap her , she has hired a lawyer they have contacted my employer if I quit my job will the employee suit still continue

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Lucy, Esq.

Juris Doctor

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Question Summary: What legal recourse, options or basis

Question Summary:What legal recourse, options or basis for a claim does an employee, who is not a member of a protected class, have against an employer who promised significant pay increases, bonuses, options, benefits, etc. as inducements to work 12+ hour days for months under tremendous pressure, but then engineered a constructive termination of that employee by creating a hostile work environment and setting impossible performance requirements in order to avoid having to fulfill on those promises, as well as avoid having to pay any severance or unemployment benefits?Background & Detail:I am a 49 year old white male with 25 years of business mgt, finance and accounting experience with an MBA and a solid work track record. I started a new job 5 months ago, reporting directly to the owner. We agreed to specific, reasonable work duties and hours. I took a significant pay cut because of the type of business / role, and was promised equity and profit sharing in return.Two months ago, the owner committed to take over the mgt of an unrelated business (30 employees) in a different industry that was failing after 7 years. Without notice or choice, my role, duties, hours, assignments and workload changed for the worse. The former mgt team refused to assist us, and the other employees didn't know anything. I was required to figure out and execute all finance, accounting, banking, payroll, billings, collections and HR functions without help in a matter of days / weeks. This steep learning curve, and the company's weak cash position, created an instant pressure cooker. Many critical, time sensitive activities were assigned to me. The work load and stress level were overwhelming, compounded by the owner's constantly badgering re: status, pushing unrealistic deadlines, redirecting me midstream from one incomplete task to another, and finally angry, verbal attacks re: results / delays. To keep up and avoid public ridicule, I had to begin working 10 - 12+ hours / day.However, I kept going because I was coming up to speed, keeping back office systems operating, meeting deadlines and improving processes. More importantly, I was repeated promised a pay increase (40%), 100% paid benefits, quarterly bonuses and generous stock options, all of which were to begin Jan 1st.Then, a former employee (female) filed a harassment labor complaint. Afraid of being sued, our HR/payroll provider terminated its services without notice and I was forced to find, set up and implement an entire, new payroll system / provider in 3 days over Thanksgiving. Getting bank accounts linked and verified takes longer than that, however. Although minor, this and other glitches were very time consuming distractions that rippled throughout other time sensitive tasks (e.g., invoicing, payroll, payables, monthly close, etc.), making it impossible to keep up. Instead of offering help or slowing down, the owner demanded add'l wide sweeping changes (new benefits, compensation plans, etc.). Unable to work any harder / smarter, the negative energy was directed at me, though wholly unjustified, and broke my mental, physical and emotional health down to the point of exhaustion.Citing that I wasn't a “good team fit” for not meeting deadlines, I was terminated on Dec 18th. I was to be paid through year end, with minimal time needed to hand off my duties. This took much more effort than they imagined, and I continued to be badgered daily through Dec 31st. I have complied with all requests without issue or complaint. Ironically, several employees and an outsourced firm will divide up my responsibilities going forward, evidence that the workload was too much for one person.So, now what? ALL I WANT/NEED at this point is a reasonable severance. I feel it is unlikely for them to agree, however. If so, I need to know if I have any legal recourse, options or basis for a claim against them? Is there a course I can pursue likely to result in something?I believe any reasonable, objective person would view their actions as bad faith, deceitful, willful misconduct and harassment. I was falsely induced to endure through hostile / harassing circumstances with no intent to fulfill their promises. Once I had completed / automated the difficult tasks, the owner engineered a constructive termination designed to force me to quit, or if that failed, a deliberate plan to create an environment in which it was impossible for me to perform effectively, not only so they could conveniently avoid paying the compensation promised, but also to avoid paying severance or unemployment benefits. This owner's actions has caused my reputation, health and financial condition substantial harm.What can I say or do, or use as leverage, at this point to get him to just be fair and reasonable?

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Andrea, Esq.

Attorney

Post-Doctoral Degree

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Currently I am dealing with the Kansas Dept of Labor and

currently I am dealing with the Kansas Dept of Labor and appealing their decision to deny unemployment benefits after paying out one months worth of benefits. They want me to pay back the monies already distributed and have denied the balance of what would have been paid to my until my current employment began. I have filed an appeal and want to have a lawyer present for the phone interview by the appeals judge. That is issue one, I am not in a position to spend a lot of money for this and so I am looking for someone to simply review my documentation and take on the situation. The other issue I have is in regards ***** ***** I quit. I'm uncertain if I would actually have a case against my employer for harassment and/or discriminatory practices in the workplace. My issues also included an unsafe work environment and the company not following or signing off on recommendations made by their workman's comp physician with regards ***** ***** concussion I received while in the their employ at one of their stores. Any guidance with both these matters would be appreciated. I live in Lawrence, KS and would need a local lawyer to handle this, but don't even know what questions I would need to ask to be properly represented.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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I was fired from Walmart after complaining of the harassment

I was fired from Walmart after complaining of the harassment from a new department manager. I was written up for having 20 minutes of overtime even though I told my supervisor that I was close to 40 hours for the week. She told me if the manager didn't tell me to leave, then to keep working.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I have been dealing with a co-worker who is very demeaning

I have been dealing with a co-worker who is very demeaning and has actually made other employees cry (recently) due to her mean and belligerent demeanor.It started approximately 90 days after my employment began in May of 2010 when I discovered an error in the information received for processing our customer orders. When the error was pointed out was basically told to me was that I had no clue what I was talking about and the issue was ignored. Subsequently I was correct and customer orders were delivered incorrectly.Since that time have been on receiving end of behavior that has and is effecting how I go about my job - from having supervisors in unison requesting not to have to come in communication with department and individual, verbal beratings, refusal to provide information that assists in performing the job, receiving requests for assistance than complaining am doing her job when request is fulfilled, ignoring procedures that would benefit the firm financially (as I sug

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ScottyMacEsq

Doctoral Degree

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