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Someone got me in trouble at my current place of employment…

Customer Question
Someone got me in...

Someone got me in trouble at my current place of employment over a personal (non work related) issue. I asked repeatedly what it was so I could fix it, but they ran and crying to my boss instead. But my boss told me the complaintant never told him what the problem was either.

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

Not yet still trying to decide if I want to sue, I know I can change this whole thing but I've been banned from speaking to this person but she makes it a habit to complain about me every day over stuff you'd here about in a kindergarten classroom.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No

Submitted: 26 days ago.Category: Employment Law
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Answered in 1 minute by:
4/1/2018
Employment Lawyer: Loren, Lawyer replied 26 days ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,400
Experience: More than 30 years in legal practice.
Verified

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 satisfied customer 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.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Employment Lawyer: Loren, Lawyer replied 26 days ago

I am sorry to hear of your difficulty.

Before I answer 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 race, religion, ethnicity, etc.?

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Customer reply replied 26 days ago
No
Employment Lawyer: Loren, Lawyer replied 26 days ago

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 just ask that you not shoot the messenger.

Without a written employment contract requiring cause for demotion or 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.

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

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Customer reply replied 26 days ago
I will talk to my boss and contact again ina few day
Employment Lawyer: Loren, Lawyer replied 26 days ago

That is a good idea. This seems to be an internal matter.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, 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.

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Employment Lawyer: Loren, Lawyer replied 24 days ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

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Loren
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Category: Employment Law
Satisfied Customers: 37,400
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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