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Recent employment law questions

I was out on disability months and when I returned I was

I was out on disability for 6 months and when I returned I was demoted. I filled a complaint with HR and their response was that its his (my boss) group and he can do what he want. Now i'm being asked to transfer to another group after I complained of bullying via exclusion. Is this fair or legal

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,184 satisfied customers
It has become increasingly hard to do my job at my current

It has become increasingly hard to do my job at my current place of employment. On 6/17/16 I was told to sit in a meeting with 9 other employees, by the CEO (my supervisor) and Chief of HR. I was told not to speak unless I was directly asked a question by the CEO. In this meeting I, as well as my team, were accused of being "hostile" by the COO with out any examples of hostility. The meeting was set up by the CEO. After the meeting I received a text from the CEO telling me to 'breath' and that at least now the 'band aid had been ripped off'. Last week the Chief of Product Sales and I were accused by the CEO, in the office of the Chief of HR of drunk and disorderly contact, causing harm internally and on a national level and making comments to others at the conference as well as to outside vendors. We were told to "think about it over the weekend and come back with how to fix the situation" on the following Monday. All of the allegations were false and could be supported by the group we were at the conference with as well as the vendors at the conference. We BOTH sent responses, in writing, to the CEO, Chief of HR and Chief of Staff denying the allegations. We BOTH received emails back from the CEO stating "thank you and the case was closed". This has been a pattern for many years and the person driving the allegations is the COO of the company. What we would like to know is what protection do we have while we both look for other jobs and what our options are. The Product Sales team as well as the Finance team are willing to support allegations of harassment and possibly a hostile work environment. The teams are also ready to quit once we leave.

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Marsha411JD

Doctoral Degree

 
18,510 satisfied customers
The former Employee who was concerned about being bullied,

The former Employee who was concerned about being bullied, came back to us requesting this (before signing a Separation Agmt, which she wants to add our responses to the Agmt on this matter): -- She "would like to know whether the company has a training program in place (such as harassment or discrimination in the workplace training) that discourage such behavior. I would also like to know that the individuals involved (particularly xxx) been properly reprimanded for their behavior" - Can we advise that "DRAFT: We are in the process of putting training programs in place. As far as discipline, we consider that a confidential matter and do not feel it is appropriate to cover details with you on this at this point since you are no longer employed here, but I can confirm that the matter has been addressed with those involved."

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Infolawyer

Attorney

Juris Doctor.

 
36,590 satisfied customers
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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LawTalk

Attorney at Law

Juris Doctor

 
30,966 satisfied customers
EEOC : No. : I have been in mediation back and forth with

EEOCJA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No.JA: Please give me a bit more information, so we can help you best.Customer: I have been in mediation back and forth with EEOC and my former employer. They were found negligent in Failure to Accommodate me while I worked there and I filed claim with EEOC. The former employer has decided to settle with me for $10,000. I just don't think something is right. I don't know the lawsJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IndianaJA: Is there anything else important you think the Employment Lawyer should know?Customer: I feel like I'm being rushed and bullied by the former employer Attorney who keeps contacting me stating that, they dont have to pay me, they just are, and I should be thankful and settleJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Roger

Litigation Attorney

Doctoral Degree

 
32,782 satisfied customers
I received a disciplinary action / corrective action 1 yr

I received a disciplinary action / corrective action 1 yr ago. It was to be in effect for 1 yr. This corrective action was never signed by any managers. My Union and I felt this action was extremely punitive for never having an issue for the 35 yrs I have worked at this institution. We filed several grievances and lost. We are now in arbitration. Now that my year is up and I completed everything that demanded of me, they now say unless I drop my arbitration they will not allow me to return to my original position of 35yrs. I feel this threatening way to get me to drop arbitration. Is that fair or legal ?

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TJ, Esq.

Juris Doctor (JD)

 
10,088 satisfied customers
I was with my employer months until today and harassed 15

I was with my employer for 20 months until today and harassed 15 months of that time. The first two months I was sexually harassed. That was stopped but the same man continued general harassment for the following eight months. My supervisor did nothing. Finally someone overheard him tell me how to kill myself and he was fired.Five months went by with only small taunts from a secretary. Day two of employment she introduced herself as a bitch; I kept my distance. This February and March I had three surgeries and was off work six weeks. Within 15 minutes of returning to work her harassment began in earnest and has continued for three months. At hiring I was told not to bother with HR if there were problems with her because she has a relationship with them. They are across the country and only know her by phone. For a year and a half I watched vulgar and unprofessional behavior and was bewildered. She is unusually close to the man on the Board who gave our company the contract as well as with our supervisor outside of work.The harassment has included a call telling me I'm pathetic, multiple tirades down hallways, a liposuction flyer in my locker with areas circled, unsolicited hair removal cream, etc. As I was telling to the supervisor she was behind his back blowing kisses. He didn't even turn around to look.The contract administrator was very friendly with me - too friendly - but I didn't take him up on the offer of a relationship and was tentatively friendly because if the unprofessional behavior allowed this female because of their relationship. While off for surgeries she found out we were friends (nothing more) and has been relentless, told him lies and created a divide. We had a wonderful rapport prior to this. My supervisor, HR and the regional manager did nothing to stop her, even to the point of saying there are no cameras where these things happen. I work(ed) on the SIDA side of the airport, a terrorist could've been caught the first day. I've documented all along and called the hotline. The company is publicly traded so we have ethicspoint.com and a outside Board reviews. I have added many follow-up notes, many.There are so many conflicts of interest at the company there was no help any way I turned. I worked in a control room removed from everyone else and bullied no one. Having been friendly with the contract administrator previously I waited a couple of months to go upstairs to his office. Of course, the secretary was there. She was sitting facing him but turned to look at me. I asked if she wanted to tell him what he's been up to. She instructed him to call our supervisor to come up then asked him if he could tell me to leave or would that be rude. I said more than telling me I'm pathetic?The supervisor left with her. We had been friends so I asked Jim why he would've told her of my interest in liposuction. He asked why would I think that and I responded he is the only one I ever discussed an interest in it with. He said, "What makes you think I didn't do it?" I then reminded him that this all started over a called that never happened. While off work the secretary told him she'd walked in the control room and overheard me talking to a coworker about him. This never happened and HR verified it never happened. He insisted it did and said the conversation wasn't productive. I left.Today my supervisor called me to the office HR was on the phone and said she'd had reports, to turn in my badge and to go home. She would investigate yet I wasn't allowed to speak. Apparently you're allowed to harass and not be terminated, yet after holding my tongue for three months I said two sentences and have no job - at 59.An aside: the contract administrator pursued me for most of a year and a half. We were email buddies and there was definite pursuit, many compliments about my work performance and character. My stance was always I work for him, am older and he has two young children but we were friendly. He's into photography and also sent some pictures of topless women (tastefully done) saying I'd look great that way. I said no. Not sure if this information makes a difference.

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Dwayne B.

Juris Doctor

 
33,796 satisfied customers
I need some guidance on an issue I am experiencing with my

Hello,I need some guidance on an issue I am experiencing with my employer. I had been promoted to a supervisory position a few months back around the same time the director of m department had been asked to step down. During this time we had been conducting group interviews for the new director. Two of the individuals on my team had also applied for the directors position, who were included in the group interviews. During our subsequent leadership meeting they asked that the rest of us make a "united stand" to the president of the company that they be promoted to a dual director position, which was not something I was comfortable doing. I felt that this was a conflict of interest and when asked if I would go with them, told them I would have to think about it and declined to answer at that time. Afterwards I felt that I became a target and was put under unnecessary scrutiny. I was promoted with a probationary period and paid less than the starting salary which is not something they had done for other supervisors, even one with no experience with the company. I was threatened with the possiblity of not receiving my full pay even though I had gone above and beyond what they had asked me to do. I was asked to provide coverage for a client after one of our employees had passed away by two separate directors and when I tried to follow through the task was taken away from me by one of the individuals who wanted the promotion and then I was thrown under the bus and made to seem like I was "inserting myself" into things I should not have been. During this process she had called another one of my direct reports and asked her to fill in for coverage and shared confidential information with her, without notifying me of what was going on. She did not state that it was confidential to my direct report which resulted in it being oveerheard by multiple people on the floor. Questions arose amongst all my other direct reports and they were yelled at by another director, and I was yelled at and told to "shut the f**k up" and "keep f**king words out of my mouth". This whole experience made my work place hostile and disrupted. I tried to ask for a meeting with the managing director and president of the company simply to demonstrate that I was a good employee, eager for opportunity and a wise investment. The individual who has been targeting me told them that I was just insecure and looking for exterior validation, thus biasing my meeting with them. I was nervous about this because there was no formal training on managing difficult situations and there were no written expectations for my position. It was made to seem that I was the one responsible for the confidentiality leak and inserting myself although I was asked directly to help. I have now been suspended on what I feel were bogus claims of discrimination of another employee. I need some help.

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Lucy, Esq.

Juris Doctor

 
29,154 satisfied customers
If we write, "I'm sorry you were offended and actions that

If we write, "I'm sorry you were offended and for the actions that took place, and we will be looking into it further within the office... we appreciate your bringing it to our attention" to a former employee who wrote a letter requesting 2 weeks pay for lost time because she left the co. due to feeling "bullied"-- would the wording be appropriate, or do you have a better suggestion for wording so we are not admitting guilt but acknowledging her concerns. The concerns were related to several employees and supervisor(s) chatting online about the person and her singing on a show or something, the employee felt humiliated that she was being made fun of.

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ScottyMacEsq

Doctoral Degree

 
22,022 satisfied customers
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