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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I am a 59 year old woman who has worked same company

Customer Question

I am a 59 year old woman who has worked for the same company for 20 years as a sales manager. I have had above average reviews for the past 20 years. We got new senior management in February of this year and the mortgage division where I work changed our entire lending system around and we are not closing loans on time not due to production but I was for the first time in 20 years put on a documented verbal warning for not having closed 100% of my goal # ***** of May 31st. I have never been written up before for any reason. Entire sales staff unhappy with the new system and I have managed to hang on to most all of my staff 13 of 15 sales people. The reason they stay is because of me and only me. Do I have a case for hostile work environment. Also This happened Thursday of last week and today my doctor put me on a 3 week medical leave for severe stress...........I am afraid to be off because I fear retaliation for being sick.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 2 years ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.
First off, I am sorry you are going through this and understand your stress and frustration. You are not alone as this is an increasing issue across the country it appears.
Second, and to the point of your question, this does not technically qualify as hostile work environment, unless you feel as though you are being discriminated against based on your age, gender, race or handicap/illness.
Therefore, unfortunately, as to the counseling form, there is not a lot we can do - as it directly pertains to the form.
That said, if you are being discriminated against, you can file an EEOC complaint. Moreover, if they retaliate against you for taking sick leave, you can also file a complaint With the EEOC. This complaint can lead to a law suit in federal court in which you receive damages and attorney fees.
Moreover, if you file an EEOC complaint and they retaliate, that creates another cause of action, even if the discrimination claim is later dismissed.
So, unless there is discrimination here, there is not a lot that we can do. If there is discrimination, which there very well could be, you need to set up a meeting with your local EEOC office and file a complaint as soon as possible.
Let me know if you have any other questions or comments. Please rate my answer positively as well if you have received information that has helped you understand the law better.
Best wishes going forward!
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I want to make sure you are comfortable moving forward. Thanks