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It seems I am currently being forced out of my job as my…

It seems I am...

It seems I am currently being forced out of my job as my employer has hired an outside company to maintain the department. Since they arrived, I have been the target of multiple complaints and accusations.

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

HR is a friend of my employer so I did not feel comfortable doing so. I have not spoken to a lawyer

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

I am a contract employee, albeit I haven't signed one since I was hired 7 years ago, which they have been renewing each year automatically in July

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Answered in 13 hours by:
4/22/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,987
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

In order to assist you I will need to know what your legal question is. Also, what State do you work in and what do you think the motivation is for the complaints and accusations? What do you mean by "forced out?" I will be away from my computer for much of the day, but will respond as soon as I become available after you have provided the information I requested.

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Customer reply replied 3 months ago
I work in Everett, MA for the school system as a tech.
Since the outside company has been brought in, I have been called incompetent to my counter parts and superiors by them. In addition, since the outside company arrived there have been an extensive issues with the computer systems, people losing data, computers crashing repeatedly, even servers going down multiple times. All of these issues are being blamed on me, even though I have done my best to avoid the building. Afterwards, I am being forced to fix them, and then they are being tampered with again by the company. Friday would be a good example where a server crashed yet again, however I was expected to fix the server and the rest of the building according to the administration, but when I went to go follow those instructions I was told by the outside company I was not allowed password ***** to any of the devices, so how was I supposed to do my work? When brought to admin with this information, all they said is to follow what the company told me to do. I was allowed supervised access to the server for a few minutes to configure it, only for them to tamper with the settings when I left for the day. I found the tampering when they asked me to work off hours to finish restoring the server, and then blamed the tampering on me unfortunately again. However, the errors were time stamped and at the time of the errors I was at a restaurant with a friend who was trying to calm me down.

Hello again and thank you for your reply, although I do not see where you told me what your legal question is or addressed my question about what you think might be motivating this behavior. However, in the interest of time, I will address the legal issues that are raised in your post and assume that you are asking if you have any legal recourse.

Unless you have a term contract that grants you more rights, you would be considered to be working "at will." That would mean that the school system could, if they choose, not only change the terms and conditions of your employment as they deem appropriate, but also even terminate you for any, or no, reason and with no notice or warning.

This assumes that you are not in a union and, again, that you don't have more protection by way of a contract. Other than that, the only other restriction on their treatment or adverse actions in your case is that they cannot target a worker for adverse treatment simply because of the worker's membership in a protected class under employment discrimination laws.

Therefore, unless your situation falls within one of the exceptions I mentioned, what you detailed would not be unlawful, even if it is unfair, arbitrary and a poor management decision. I certainly wouldn't want to work under those conditions either and you can try to speak to senior management or HR, but it sounds like perhaps you have. Then, at that point, you have to decide if you want to continue to work for this organization.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 3 months ago
I am not in a union and I have never seen my contract. I cannot speak to HR because they are a friend of administration. If I quit, which I would like to because I do not wish to work under these conditions, I would be unable to collect unemployment while searching for another job is my understanding

Thank you for your follow up question. The State will decide if you would be qualified for UI benefits. So, it is always best to apply for benefits and appeal any denial so that an actual Administrative Law Judge can see and hear all of the relevant facts. But, as a general rule a worker (W-2) who quits their job must have "just cause" to quit. The standard of review is whether or a not a reasonable person in that employee's position would have felt that they had no choice but to quit. The burden of proof on the employee to prove this.

Most of the time, because outcomes, are so uncertain, I would recommend that an employee never quit a job unless they have another job they have received an offer of employment on. In other words, don't quit expecting UI benefits.

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,987
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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