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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38901
Experience:  Retired (mostly)
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What can I do My employer is doing everything possible

Resolved Question:

What can I do??? My employer is doing everything possible to make me quit! Because they don't want to fire me for what ever reason. The Manager has been writing me up for things that have been blown out of preportion. The owner stated that "two people have high salaries, & one of them has to go"! At that time the manager was on a month probation for not doing her job. Now my job is in jeopordy and I refuse to quit but the conditions are intolerable!!! All my duties have been taken away and as of yesturday my hours have been cut from 45hrs to 30hrs and I work the 4 worst days of the week! They only allow me to do cleaning & cashier when I was responsible for placing orders & other important things. What can I do????
Submitted: 7 years ago.
Category: Legal
Expert:  socrateaser replied 7 years ago.

Is your manager or the owner of a different race, color, nationality, religion or sex than you?


Are you 40+ years old and your manager or the other under 40?


Other than your current stress, do you have any other disability that makes the job more difficult for you to perform than it would be for some other person without your disability?


Does your employee handbook or policy guide provide a disciplinary process that is not being followed by the employer?


I'm trying to make a case for you here, so work with me.


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Customer: replied 7 years ago.

Yes. Owners are Husband & Wife, manager is 27yr old female.


Owners are over 40, manager is 27


We do not nor have we ever had an employee handbook. After manager took all of my duties away she gave me the guidelines on how she wanted my duties to be done. They are now giving my duties to a new employee.


The manager has: disciplined me by taking my raise away, since than the owner has reinstated my raise. Manager disciplined me when we had an arguement one nite but the discipline document was in owners words with a signature line for owner but he was not present at the meeting. She indicated in that document that I threatened her which I did not. The entire incident was provoked by her and ended when I walked out.


It is very difficult for me to go to work everyday & do nothing except cashier, clean bathroom, vacuum, stock, etc. when in the past I had ordering duties, order entry, inventory, etc. All of what I enjoyed doing is now given to the new person walking in the door. Also, I was already on the new schedule she just put me on & we decided that it was too stressful to work the 3 busiest days of the week so they took me off Sat & put me on Sun. Now I only work Thurs thru Sun which will put me over the edge with stress!!!

Expert:  socrateaser replied 7 years ago.

The only possibility that I see in your facts is that if you seek care from a physician or mental health professional, and you are advised that you are clinically depressed or that you suffer from any long-term issues with anxiety or stress and that you need "reasonable accommodations" (legal magic words) for that disability, then you can request accommodations from your employer, and if you are refused, then you would have a lawsuit. The problem at this point is that you did not make such a requestion before your problems with the employer began -- so, you can't connect the employer's actions, thus far, with any disability discrimination.


Once you request reasonable accommodations, if the employer continues to harass you, then you can file a complaint with the EEOC, and you may have a case.


I realize you feel that the existing harassment should be sufficient to give you a claim against the employer, but that is not how it generally works with this type of lawsuit. Employer's are entitled to demote their employees, even without a reason -- unless there is some unlawful class-based discriminatory motive, or employee policy violation. However, since you don't have an employee handbook, there is no policy to violate -- except for the oldest employment policy of all: "Do what you're told, or you're fired."


Unfortunately, that policy is not unlawful -- it's just evil.


Hope this helps.


socrateaser and 7 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
Thank you very much. I appreciate the information.