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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19305
Experience:  Employment/Labor Law Litigation
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My husband has worked at Corp. for 20yrs. His supervisor is

Customer Question

My husband has worked at Corp. for 20yrs. His supervisor is harassing him. Micro managing him aggressively. Personal attacks etc. He contacted HR. Investigation still open. BOSS threatened to fire him on Friday. BOSS wants meeting before final hr meeting regarding harassment investigation is complete. What are has rights if they try to fire him prior to meeting he? This is clear Retaliation
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Sorry got cut off
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Minnesota. He has meeting with lawyer on Tuesday. No sooner. Can he refuse to meet with them until he meets with hr?
JA: Anything else you want the lawyer to know before I connect you?
Customer: He has no discipline in 20 yrs. He's excel He's executive advertising producer with. Comcast spotlight. He makes commercials no discipline or sick days
Submitted: 5 months ago.
Category: Employment Law
Customer: replied 5 months ago.
He works full time, non-union and our state's an "at will" I believe.
Customer: replied 5 months ago.
Confirmed at will.
Customer: replied 5 months ago.
He's the best producer there. And I'm not just saying that. He's known these guys for 20+ yrs and now they want to get rid of him. He thinks its because he called his boss out at a quarterly meeting going over stats on who produces the most sales, etc. and it turned out to be my husband. Boss is very competitive. They have not always clashed, but since his supervisor was promoted to be hub's superior when they were peers 7 yrs ago things changed. Boss guy is extremely competitive and doesn't treat him the same way anymore. I know the boundaries/priorities are different now, their friendship is gone. So I feel this is very personal, therefore unfair. Huge example of retaliation due to harassment complaints that are still left unresolved. Thank you!
Expert:  Allen M., Esq. replied 5 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

In an "at will" position, a person can be terminated at any time, with or without cause. Retaliation is a very specific legal term in employment law and requires that you complain of a specific form of harassment. You have to complain of being harassed based on race, religion, gender, age, disability or recent FMLA (medical leave) use discrimination. Then any adverse employment action following that complaint can be considered retaliation under the law.

However, just making a complaint of generalized harassment to HR does not create any sort of statutory protections from retaliation. Only a very narrow few complaints (those I mentioned) obtain protections from retaliation.

So, unless that was the basis for his complaint, he'd have no particular rights to refuse to meet with his boss prior to the HR investigation completion.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 5 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.