How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RobertJDFL Your Own Question
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 13504
Experience:  Experienced in multiple areas of the law.
Type Your Employment Law Question Here...
RobertJDFL is online now
A new question is answered every 9 seconds

I work for a company through a temp agency in November of

Customer Question

I work for a company through a temp agency in November of 2015, I was offered a permanent position and accepted the position in January of 2016. Since my permanent position with the company, there was no training department, there was policy and procedure in place, training was bits and pieces, I was not getting all the information at once, I was being bullied and harassed by my manager and co-worker a couples later. My manager approached me a couples months later aggressively telling I made to many mistakes, but failed to sit down with me and explain to me the mistakes and what the correct way is. Instead she would just blame me, and also the co-worker that trained me would tells the manager that she did train me on certain things, but she really never train me from start to finish.
JA: Have you discussed this with a manager, HR, or an attorney?
Customer: I had to file a complaint because of harassment, and I was not the only one that file a complaint on her, she had harassed so many people that the company did an investigation and she was fired. and the co-worker that trained me also quit. I have a new supervisor now, and it just seems like she pick up where the other manager left off. she would aggressively approach me in an unprofessional way, just to make feel like I don't know anything.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: the position is full time, I don't believe they are a union. I'm not sure if is at will, how would I know if it is at will?
JA: Anything else you want the lawyer to know before I connect you?
Customer: with the new supervisor that I am currently working under, she looks at the work that I took over from another co-worker that left the company, The issues with this work was that is was already a mess when I worked it. Just recently she review a work that I had question someone else, and it came back to here stating I did it wrong. And told her that I accept that I did it wrong and I will learn from this. She check some more of my work and still tells me I did wrong, so I question if it wrong, then what is the right way? She did not want to tell me the right way of doing things, but she will continue to tell me I'm doing things wrong. I told her that I was trained by the co-worker who did not give to much information, I got bits and pieces of information. She thinks tat I am make excuses, she says I should have already all this by now. but this new supervisor does not train me or answer my question on anything. Now for things that I did for the month of October 2016 she is saying she is concern about my work, just last week she and the director wrote an action of correction plan, and they want me to sign it. The supervisor did not verbally warned me, but instead she wants to write me up.
Submitted: 9 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 9 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 9 months ago.

Thank you for your patience.

As you are not part of a union, unless you have an employment contract, you are considered to be an "at will" employee, unfortunately (most employees and the majority of states are at will work states). That means an employer essentially has the right to run a business and treat employees how they see fit, up to an including terminating employees with or without reason. The law only provides that an employer may not discriminate against an employee on the basis of their race, religion, age (over 40) sex, disability or national origin. Some states offer additional protections.

No law makes it illegal for an employer to talk rudely or talk down to employees - they can even swear at them. It may be unprofessional, but it's not against the law. They don't have to write you up before they terminate you unless you have such policy in place. I understand your supervisor is making your job impossible because they say your work is wrong or bad, and won't tell you how they want it done, but even this isn't unlawful. As an at will employee, they could decide to write you up, suspend you, even terminate you because it's too cold out one day, or just because they feel like it. They don't need a reason.

Now, if you are being discriminated against at work because of one of factors I mentioned earlier, that is different, and you may have legal recourse.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating. Thank you!

Expert:  RobertJDFL replied 9 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page. Attorneys on Just Answer are not employees of this site, and are not paid until you leave a positive rating for our time and assistance. Thank you.