Posted on 08/19/2016 8:36:06 AM PDT by ConservativeMind
I have someone close to me who was let go from her job for reasons that were not valid (for what was given as that reason). She is in an At Will state. Her manager has been bullying her for quite a while, but she hadn't contacted HR.
She has a log of contacting other management with her concerns over the past months.
Should she contact HR now, an attorney, or let it go?
It sounds like a case can be made for a hostile workplace lawsuit.
Your description was perfect otherwise.
FWIW, I’d speak to an Attorney, Hostile Work Environment is the area I bet they look into. Did she document it in excruciating detail? That might be key. Maybe it is a blessing in disguise. When you get let go/fired it means you took the wrong job in the first place. IMHO from personal experience, people bring their dysfunctionalities, insecurities, an other pathologies that have nothing to do with her as a person or performance as an employee. Been their done that and have the tee-shirts to prove it...
bfl
Unless the loss is life changing in an intolerable way, I urge avoiding litigation. Not to say not to contact a lawyer, just be aware the legal process is a wringer. The only people who come out of it "okay" are the lawyers and judges.
My general advice in any adverse situation, and even positive ones, is to have an idea of what you want at the other end. Do you want money? The job back? If money, how much? In other words, think about the remedy. Also, there is no way to "fix" an asshole. If the boss is abusive, he can't be fixed. Same with spouses. Don't make a project out of it.
Do you think they were trying to make her quit?
If she quits or gets fired, they don’t have to pay unemployment. Or maybe someone is just being a big ol’jerk.
HR is basically a useless yet dangerous department to enforce political correctness. You need to think of their people as working for the regime first, the company second and the employee only when it is convenient, which is usually isn't.
First question is if she is successful in fighting for her job, would she actually want to still work there?
Is your friend going to get a good referral when future employers call?...what will the last employer tell them? That might determine what she does now.
Was she fired with cause? Or was she just “let go”, which is considered a layoff or furlough. At will only states that an employer can terminate your employment for any reason, or no reason at all. But, unless she was fired “with cause”, quit, reached the end of a contract, she would be eligible to claim unemployment.
The first thing to do is contact the HR at her former employer and reguest a copy of her personnel file, they have to give her a copy of it. Then locate a labor attorney, preferably local, and explain the situation to them. The local attorneys usually know who the real bad actor companies are, and would know how to handle them.
I vote no. Lawyer will ask for retainer in advance.
Even if you sue and win you will forever be:
Your name v . employer
Future job prospects will be impacted as trouble maker.
LPT:
It’s not fair but should have looked for different job
When problems started.
HRs are the worst. It’s exactly as you say. I had a loony boss at Grey Advertising in NYC as a youth and they didn’t even bother to return a phone call. When I flat up refused to show up for work - ever again - they were shocked. Then I didn’t return their phone call. I found out later it was considered the sweat shop of advertising agencies.
Sure, and that’s why we have legal processes, to find the facts. Only an idiotic HR department would document illegal reasons for a firing, but courts do know that. That doesn’t make it easy to bring a case though.
An ‘at will’ company??? She’d better get her resume’ updated...
You’re absolutely right. When I left my last job after 15 years - generally happy - the HR director sat down and said cynically: “This is the point where you tell us how we suck.” To be frank, I was shocked. I passed it off and just said I had no problem with the company, took my last check and my Cobra plan and hit the road.
Yes and take the log. Let them make copies but keep the original. Contact a labor lawyer. Hostile work encironment.
Do not accept offer to go back to work there
This one of the many reasons why I come to Free Republic besides the political insights.
Thanks for your insight.
“HR is essentially tasked with determining how much employees can be abused without the CEO being arrested.
I would not trust a HR manager as far as I could throw them.
“They are basically good for sorting the new-hire paperwork and that kind of stuff...and afterwards they are useless to existing employees.”
“HR staff at work are never, never, never to be regarded as a “friend” or “confidant” for any reason.”
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