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Just wondering about employment law. Both. At will hourly.

Just wondering about employment...

Just wondering about employment law

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Both

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will hourly

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It's about annual review being negative and me not getting a raise as a result, and not being able to transfer from a hostile environement

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Answered in 1 minute by:
3/18/2018
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 48,198
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Do you feel like there is discrimination involved here including hostile environment?

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Customer reply replied 4 months ago
No discrimination

You may consider a local employment lawyer to file suit here for employer's actions.You also have right to rebut the review by letter.

Sample rebuttal

Employee’s Name
Employee’s Address
City, State, Zip Code

DATE

Employer’s Name
Employer’s Address
City, State, Zip Code

Dear Employer’s Name,

This letter is a formal response to the work performance evaluation you gave me on DATE. I appreciate that you recognized the energy and enthusiasm I have for my work and acknowledged my dedication to Name of Company.

You mentioned in my evaluation that my sales numbers have gone down in the last 12 months compared to the same time last year. I agree this is true, however, since I was in the hospital for one month and recovering with physical therapy for the two following months during the last year, the reason my sales figures dropped is because I was able to work only nine months last year. I believe it’s only fair that this also be mentioned in my evaluation. I have enclosed a letter from my doctor and a copy of my hospital report.

As it stands, the evaluation gives the impression that I didn’t work as hard during the past 12 months, and this simply was not the case. If my sales figures are compared to nine months of the previous year, it will be clear that the numbers are higher this year.

I am requesting that the reason my sales figures fell during the past 12 months also be included in my evaluation. If a new evaluation that fairly represents my efforts is not given, I respectfully ***** ***** this letter be attached to my official job appraisal.

I sincerely ***** ***** product I am selling for Name of Company and enjoy my work. I will continue to do my best and am willing to listen to any suggestions you may have. I would welcome a meeting to discuss the situation and hope this issue can be resolved.

Thank you for your attention to this matter.

Sincerely,
Signature of Employee
Printed Name of Employee
List of enclosures: medical reports

You will need to modify this to your situation.Ask the HR put this in your employment file.

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Customer reply replied 4 months ago
Ok thanks for the letter idea. I had written a rebuttal, but the HR specialist just ignored it. She did not want to make waves.
It's a large company and I don't think they fight for the employee very often

It might fit under EEOC here under Hostile Environment

Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).

Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.

You can file hostile work environment claim here

https://www.eeoc.gov/employees/charge.cfm

Consider a local employment lawyer to sue here for damages as well , loss of pay, legal fees, etc.

I appreciate the chance to help you tonight.Prayers to you.

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Thanks for rating 5 stars it is truly much appreciated.

Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 48,198
Experience: 30 years in Employment law
Verified
Ray and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Thanks

You are so welcome I know how frustrating this can be.

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