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I've been given a verbally abusive performance plan meeting…

Thank you, I've been...

Thank you, I've been given a verbally abusive performance plan meeting and the threat of the loss of my employment based on a coworkers performance. The coworker involved was just moved to my graveyard shift after not meeting work expectations on any other shift. I'am not a supervisor but am the only other employee on shift.

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

I

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

I'am an at will employee

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

Yes the coworker in question also used to be my roomate and we had to separate our communal living arrangement due to his inability to take care of his responsibilities. This was about a year ago and my managers knew about this before they put him with me causing a great amount of hostility.

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Answered in 5 minutes by:
4/23/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified

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.

Regrettably, in an "at will" employment situation, the basis for a performance review or even termination doesn't have to be fair. An at will employee can be terminated for any reason or no reason at all, other than a few narrow illegal reasons (race, religion, gender, age, disability or FMLA use).

You used the term 'hostile' and I want to address that. The Supreme Court of the United States created the term 'hostile work environment' and since that time people have understandably had a mistaken impression of that the term means. The Supreme Court was very clear though. Our employment laws are not a civility code, so just the creation of a hostile situation in the workplace is not enough to establish a claim. You must show that the basis for the hostility was race, religion, gender, age, disability or FMLA. Generally hostile situations are considered office politics and are not the within the consideration of courts.

While I wish I could tell you differently here, the employer can use this other person's failures as a basis for your review and even termination...not because it is fair or right, but because it is not illegal.

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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 3 months ago
if i do get terminated because of this other employees performance how does Oregon unemployment view that type of firing?

They would see it is as an unfair basis for termination and grant you unemployment.

That wouldn't make the termination illegal, but just not "good cause" for blocking unemployment which requires some misconduct on your part.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified
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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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