Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I recently resigned from a full time with benefits position

Customer Question
due to the ongoing problems...
I recently resigned from a full time with benefits position due to the ongoing problems my family dynamic caused the employer/location. I had been written up due to multiple abscences during flu season, stomach virus season, etc, from having a sick child. I knew that if I didn't resign to save my career repretation and character, I would eventually be written up with a final warning if not termination for absenteeism.

In my resignation letter, I stated that I would like to stay with the company prn ( as needed). The location I worked with did not want to keep me prn but a different location within the company took me on prn because they knew I was a good employee.

During my 30 day notice period, (which was required per contract due to nature of my employement), after giving a notice of resignation, I was written up again out of retaliation and I refused to sign that write up. (My child had become ill once again and I was absent from work but was able to come in on my day off to recoup the hours)

Now that I have started with a different location prn within the same company, my new location wants to hire me full-time with benefits. When they went to HR to obtain my employment file, my former manager had placed a "correctional status" notice on my employee file just a few days prior to my processing day to block my reinstatement as a full time employee. Is this legal and is there anything my current manager can do to derail my former managers attempts at retaliation? Also, Is it customary practice for an exit interview to be denied an employee when requested even though the employee is just going from one position to another within the same company?
Submitted: 4 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
7/9/2013
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,342
Experience: Employment/Labor Law Litigation
Verified
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

When you say retaliation, that is a legally specific word. What complaint had you made, concerning discrimination or workplace law violations, that made this treatment of you retaliation?

Ask Your Own Employment Law Question
Customer reply replied 4 years ago

I never filed a complaint in writing. I made a verbal statement to the person giving me the write up that I knew it was in retaliation for my resignation and I refused to sign acceptance of the write up. I simply wanted to leave in peace because I wanted my career intact. Now once my new manager has returned to look in my employee file to change my status back to full time she has hit a roadblock with HR because of this "final correctional status" my former manager has placed me in. Mind you this status was not there on the day of my leaving the previous manager's location. It would have had to have been there when my current manager saw file to make me a prn employee. This is why I also feel it is in retaliation for being brave enough to leave one location for a better or more flexible opportunity.

Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 years ago
Ok. That's not legally considered retaliation in state or federal law.

When we refer to retaliation that is actionable, it is based on your having made a complaint to your employer about discrimination due to your race, religion, gender, age, disability or FMLA use.

Retaliation internally for resignation is not actually illegal in state or federal law. An employer or manager is legally allowed to throw a temper tantrum when someone resigns. If you're going to have any retaliation claim, it is going to be internally through your company HR. You can complain higher to this person's boss, but there is simply no external method of charging this as some form of illegal retaliation.

Now, if you can prove that this person is telling lies to cause you harm, that is the tort of defamation of character. You can file that claim individually against the manager that made this complaint, but that will not force the company to change your current employment status unless they wish to do so. It's not an employment law method, but a civil court tort law method directly against that person that is defaming you.

As for this employment status, that is going to be a matter of dealing internally within the company.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,342
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago
When future potential employers call HR to obtain references, will this potentially be information they can share that would keep me from obtaining employment or shed a bad light on my character as an employee? Do I have a right to have a copy of my employee file as it looks upon the day of my last day of employment and can negative or positive documents be added to my file after my last day of employment?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 years ago
A former employer can tell future employers anything that is true. Now, because employers don't like the idea of being sued for saying something untrue, they tend to restrict what their HR people can actually say. They might only give dates of employment, position, and they might say whether or not you are rehirable. Rarely would they get into specifics. I just can't tell you what this employer will do.

If they make false statements of fact though, that is defamation. If all they say is "a manager placed a "corrective status" on his file right before he left, that's not a false statement.

North Carolina does not make your employment file your property, as some states do. It is the property of the employer. They only have an obligation to share with you information concerning exposure to chemical and other hazards. Because the file belongs to the employer, they can add documents after you've left.
Ask Your Own Employment Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,342
19,342 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

19,342 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
In a US District Court complaint are thier any retaliation
In a US District Court complaint are thier any retaliation laws or acts that could be used In a retaliation lawsuit against a state that would overcome a claim of state soveirgn immunity by that state… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
I am having retaliation issues from employer due to worker
I am having retaliation issues from employer due to worker comp. what can I do? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
I believe I was dismissed from my job in retaliation for
Hello I believe I was dismissed from my job in retaliation for bringing forward non for disputing non payment of commission which is documented is as a commission event in the Commission Handbook. I h… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
I believe I was wrongfully terminated in retaliation for
I believe I was wrongfully terminated in retaliation for raising questions about gender pay inequity and bias treatment towards me as a female, should I go to the EEOC or find my own attorney? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have some questions about employment law. Specifically the
I have some questions about employment law. Specifically the criteria for 'wrongful termination'. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is it a violation of FMLA if the employer knew that an
Is it a violation of FMLA if the employer knew that an employee had a serious health issue and fired that employee, when 12 weeks of FMLA could have resolved the issue. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
Scenario: someone goes on FMLA on January 23. This person is
Scenario: someone goes on FMLA on January 23. This person is currently an office administrator and received a raise in December 2016. This person has a stroke on January 23 and is put on FMLA until th… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,342 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
This concerns FMLA; the use of FMLA is limited as I
This concerns FMLA; the use of FMLA is limited as I understand it. However, can you give credence to whether an employee can use FMLA in conjunction with a previously scheduled vacation out of country… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
After retaliation for FMLA filing, company holding my
After retaliation for FMLA filing, company holding my personal effects to get my company cell phone passcode. I don't want them reading my texts. What to do? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
I was terminated due to retaliation, although it was
I was terminated due to retaliation, although it was disguised as a reduction in force due to lack of funds. I am experiencing extreme stress, and I am taking anxiety medication and have sought therap… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Settlement reached in fmla wrongful termination, deposition
settlement reached in fmla wrongful termination, deposition given fmla violation was disregarded rather my past rcords were uses to justify reasons for my termination excessive absenteeism which was d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Harassment and retaliation lead to termination. Continuing
Harassment and retaliation lead to termination. Continuing Slander to prevent me from getting other employment. … read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x