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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34461
Experience:  More than 30 years in legal practice.
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Here is a little about my story. I have much more specific

Customer Question

Hello my name is ***** ***** is a little about my story. I have much more specific documentation on the events. I come into work and my employer immediately began treating me mean, nothing unusual lately though. She told me I looked high and that I was to leave and go home immediately. I ask if she wanted me to go to the doctor or what, that I didn't understand? she said yes go to the doctor then you can come back and we will talk. I said ok. I sat in the parking lot and called my doctors office scheduling an immediate appointment. I then called my co manager Jodie and told her what the boss had said to me. I was very upset and crying telling her how shehadd been so mean to me latey. I go to the doc. she says I am having a severe allergies that required an injection of steroids and a bladder infection that I had come in for earlier that week came back pos for ecoli strand and a strep strand, and my doctor put me off for a day and a half. I immeadiatley took the note to my employer whom told me she was going to give me a week off of work to heal, that all the continual going to the bathroom and leaking eyes that it looked like I was going to the bathroom so much to do drugs and that I had all the symptoms of doing drugs. I didn't know what to say at this point. I called her back before the week was up asking for work she refused. she has sent me back to the doctor know at least a total of four times in two weeks and still is refusing to let me come back to work. my doctor has faxed releases, has called my employer explaining that I am not infectious and am eligible to work many times. The other day she had me come into work to speak with her and she told me she was going to put me on part time and change me from salary to hourly pay. I believe with all the horrible treatment that she will continue to treat me in an abusive manner until I quit or she makes it out like I did something worng. It got so bad before she put me off she got angry at me for asking for a smoke break on an eleven hr shift? I don't know what to do or if I can do anything or should I just quit?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: kentucky
JA: Is the employment agreement "at will," union, full time or part time?
Customer: just full time salary manager nothing more that is to my knowledege
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that I can think of right now
Submitted: 1 month ago.
Category: Employment Law
Expert:  Loren replied 1 month ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

Expert:  Loren replied 1 month ago.

Before we begin a bit more detail would be helpful please.

1. Do you have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?

2. Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?

Customer: replied 1 month ago.
As far as I know there was no written up agreement for any fixed terms of any kind. I feel like I was treated differently as soon as I became ill. Her comments and extremist picking me apart just to make me feel stupid. Accusing me of being on drugs when my doctor cleared my condition, I even agreed to take a drug test that my doctor even said she could preform at the employers discretion. My boss refused to give me the drug screen to prove my innocence.
Customer: replied 1 month ago.
I know when she hired me she wrote on my file paper that my pay was salary 600.00 a week full time. I don't know if that matters.
Expert:  Loren replied 1 month ago.

Thank you, ***** ***** the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Expert:  Loren replied 1 month ago.

Did you have further questions? Please let me know if I have answered your question?

Customer: replied 1 month ago.
even though my doctor has released me to work she can legally just not bring me back and I can't do anything but take it. She can treat me as she likes?
What if I can get a fit note from my doctor, or even after I give her the note and she refuses me work after doctor deems me employable dose she have to compensate for lost wages because If she refuses the fit note it's the same as her still claiming me sick, therefore... making her responsible after that point for volenteerly causing lost wages? ?
Customer: replied 1 month ago.
Or how can I find out for sure If I've an employee contract or not, is there a way? What would be some common things found in this agreement so I can try to remember if there was or wasn't one presented at the time of employment?
Expert:  Loren replied 1 month ago.
Basically, as an at will employee. Your employer can change anything they want in your employment so long as it is not on account of race, religion, ethnicity, etc.
They can change your schedule, duties, pay...
Expert:  Loren replied 1 month ago.
The vast majority of employment is at will. So, in all likelihood, you did not sign a contract for fixed term employment, or you would remember. It is not the sort of thing that happens casually.
Expert:  Loren replied 1 month ago.
If you did , by chance, have a fixed term employment contract, it would need to specify that your employment could not be terminated or changed without cause for a specific time period, usually it is a year.
Customer: replied 1 month ago.
the fit note presented in 2010 for situations like mine still wouldn't help in any way. I am broke with three kids and spent my last money on you. The fact of her claims that I was using drugs and proved otherwise by doctor and the verbally abusive incounters is legal? That's not harassment? That is legal? Or that I over heard her with another employee that she thought I was to young for the position and that I was a mistake isn't discrimination? Sorry I at asking so many questions.
Customer: replied 1 month ago.
I know there is more let me check my documentation that I have been written down
Expert:  Loren replied 1 month ago.
I am sorry. You have not presented any basis to overcome the at-will employment and rais a viable claim for which a court or administrative agency could provide relief.
Expert:  Loren replied 1 month ago.
Unless you can bring me something showing you are not an at will employee or have been subject to discrimination due to your inclusion in a protected class, there is no claim and no protection from a supervisor who is rude or in sensative. It would need to be addressed internally, rather than judicially.
Customer: replied 1 month ago.
Ok I am sorry to have bothered you. Just one last thing is there any key pointers you could give me that I should record or document, or the proper way to do that. Is it possible to get an agreement now do you think is that even legal? I I could get her to agree?
Customer: replied 1 month ago.
If I could get her to agree
Expert:  Loren replied 1 month ago.
It is never too late to negotiate a fixed term employment agreement. Just make sure it does not include a provisionststing you are an at-will employee or can be dismissed at will.
Expert:  Loren replied 1 month ago.
Did you have further questions? Have I answered your question?
Expert:  Loren replied 1 month ago.
Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for my time answering your question.
There is no additional charge to you for rating me favorably.