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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 16349
Experience:  Licensed Texas General Practice Attorney
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I am having a problem at work. My manager is best friends

Customer Question

I am having a problem at work. My manager is best friends with another co-worker. The co-worker and I need to communicate regarding the customers and the co-worker refuses to talk to me. The only communication is by text and some email. It is affecting my job as I am the sales person and he does the construction of the homes. He is telling the buyers things that aren't true and trying to make me look bad. I have approached our manager and asked for him to talk to the co-worker about the lack of communication was the buyers have mentioned the tension between us. The manager just blows it off and to give it time. This has been going on for weeks. I am at wits end and don't know what to do. I am afraid of going to upper management and the manager takes the co-workers side. They are best friends. I feel there is nothing I can do at this point.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: colorado
JA: Is the employment agreement "at will," union, full time or part time?
Customer: it is full-time what is "at will"
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 6 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me what your specific question is?

Customer: replied 6 months ago.
How do I handle this situation where my Manager is best friends is a co-worker and won't do anything about the co-worker who won't communicate with me regarding the customers? We have always worked as a team and need to or there are problems which I am having to deal with due to this. The customers are saying that the co-worker (head of construction) told them something different than I did (sale person) that are not true. He is not letting me know about meetings with the customers and special requests he is allowing when the home is being built. When I talk to the manager he just blows it off and doesn't say anything to the co-worker who is he best friend. Do I have any recourse?
Expert:  ScottyMacEsq replied 6 months ago.

Do you think that (and have evidence) that you're being targeted based upon your race, age, religion, gender, or disability?

Customer: replied 6 months ago.
no, I think it's because they are best friends and the manager knows I can't do anything about it except to go to upper management eventually. I don't want things to get that ugly. At that point, it would be my word against his.
Expert:  ScottyMacEsq replied 6 months ago.

I see. Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

Expert:  ScottyMacEsq replied 6 months ago.

You asked what you can do... I'm an attorney and so I can only give you an idea of your legal options. Colorado is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

So someone CAN be best friends with the manager, the manager can give the friend the best access to everything and restrict yours, etc... It's unethical, immoral, illogical, but still legal. The only way that it'd be illegal is if this was due to your race, age, religion, gender or disability.

Now as to any false statements of material fact to third parties that cause you quantifiable economic damage, you could have a case against the person that spread those false statements. This is called "defamation". But you'd have the burden of proof to prove those statements, prove the damage incurred, etc... and to be honest, it's not easy to prove these things, but if you have the evidence necessary to do so, it's still possible.

In short, you almost certainly wouldn't have a case against your employer, and most likely wouldn't have a case against the co-worker unless you could prove the elements of defamation. I agree that it's unethical, immoral and illogical, but not illegal.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 6 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 6 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 6 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Expert:  ScottyMacEsq replied 6 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

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