If i believe that i am being pressured to resign or discriminated, when should i get a lawyer involved?

Question

I am still employed but am being put on performance plan that is impossible to fullfill. I am told to accomplish all the tasks in the plan successfully by end of this month or i will be terminated. I am still employed with the company but i know that my boss has purposely been setting me up for failure. A senior male co-work told me that a lady who worked in the company a few years ago was also pressured to resign by my boss. Now, i am in a very similar situation. Unfortunately, i don't have her contact information to get further info or understanding of her situation at the time...

I have filed paper work with the state agency and don't know when i should get a lawyer involved....not sure if i have a case.

And if I resign before my deadline date, does it mean i have given up my right to sue????

Any advice would be appreciated.


Thanks you.

~ a troubled mom who is trying to survive the corp world...



I

Thanks everyone, i want to give more details about my situation.

I was put on the performance plan in early March and i fullfilled the tasks successfully. Then boss said he is extending the performance plan till end of July with even more tasks that would be impossible to fullfiled (passing 5 certifications). I have talked to other people and a mgr and no one is required to pass any exams/certs as a condition for employment....

I pretty much have been ignored during my first 18 months in the company but i can't sue him for that. He has been setting me up for failure...in various ways.

Whatever he is doing to me has been torturing my mental health...very hard on me and family..

Answer 1

You need to talk to an attorney NOW. If you believe that you are being discriminated against, you need to take action. Do not quit. Force his hand, make him fire you. Keep copies of everything and I mean EVERYTHING. Never let your guard down and always follow company policy to the letter. Visit my 360 at:
http://360.yahoo.com/my_profile.html;_ylt=Ap5pjBHi2RHmU2YcOrpKuKy0AOJ3
I am in a lawsuit myself. Eventually, the state agency will give you a right to sue letter, then you sue. Don't drop your complaint for any reason, this jerk needs to learn a lesson. If you have further questions, contact me. If you can get me his name and DOB, I might be able to look up some dirt on the SOB. Hang in there!

Answer 2

Move on. All this suing is just stupidity and an excuse for failure. I mean come on already. If you can't stand the heat get out of the kitchen. You'll just end up being the target of animosity and backbiting. Get off your pity party and go somewhere where you have a more positive influence. If I had to sue to keep a job then I would not want to be there. They are trying to make you quit because they don't want to pay unemployment. Are you really doing your job to the best of your abilities.

P.S. If you resign before your deadline it would appear to me that you didn't try. What if you were failing a test and blew a promotion.Try and see if you can possibly succeed. You might surprise yourself. There will always be someone waiting in the shadows who can do what you fail to do. So DO NOT FAIL. Get help if you have to. Be resourceful. Earn your place by merit rather than court. You still have to live with the person you see in the mirror. Go get em'.

I just saw the part about the certifications. I might be wrong about the promotions thing. Still though I would see it through. Would the certifications make you more valuable elswhere. You can use this to get your certifications on their dime.

Answer 3

These things are always tough.

You didn't mention anything specific about being discriminated against. Are there specific situations where you feel you were being blatently mistreated? I'm talking like sexual harrassment.

Have you talked to your HR representative? What specific things performance wise caused you to be put on a performance plan?

You can talk to a lawyer, but unless it is something blatent, they will probably just cite performance issues and it will be difficult to plead your case.

Sounds like they are trying to push you out of the company. If you tried to stay with the company and were to accuse your manager of harrassement, you would probably be killing off your career.

Sometimes you need to see the writing on the wall and move on. I know this isn't fair, but it happens to the best of us. I'd start interviewing before you are no-longer employed. It's easier to find a job when you already have a job. It's harder when you are unemployed. Potential employers question why you are not working and feel that there is more risk involved with hiring a currently unemployed person. Your self-esteem could take a hit too and make it more difficult for you to sell yourself.

Good luck.

Answer 4

Get to a lawyer as soon as you can. Many lawyers will not charge fir the first half or full hour. A lawyer will know what the law is what rights you have and tell you what to do at work and what not to do. If you cannot afford a lawyer, contact the local legal aid association or a law schools legal aid clinic.
A good employment lawyer will know how to get in touch former employees and witnesses.
imposition of impossible conditions can be shown to be constructive wrongful dismissal.
You may grounds for pleading discrimination, (e,g. gender, race, faith ethnicity etc.).
Also write up all the incidents aat work that you can remember. Keep a notepad and pen with you at all times and record memories as they are recalled. do not worry about organising them or putting them into chronoological order, that will be done later.
See a lawyer as soon as possible.
Good luck,
Dan the Answers-Man.

Answer 5

The state agency involved is hopefully some sort of employment opportunity agency. On a federal level, there is the EEOC. You may file a complaint with them (even if you have filed one with a state agency).

An experienced attorney can offer you advice on case law in your area. On a state level, you may not have a case in Texas, but it would be a slam dunk in California. Obviously, this wouldn't help you if you lived in Texas. On a federal level, you would deal with a circuit court. Some are more conservative than others.

On a personal note, it is difficult to prove discrimination as an individual. It isn't a crime to dislike an individual or to create an enviornment that is unfriendly for reasons other than race, gender, creed, etc. If they claim you are inefficient, insubbordinate, uncoporative, et al., then you could have a difficut time proving your case.

Good Luck. If they don't like you, try to negotiate a positive reference and work somewhere else.

Answer 6

Discrimination in the workplace is sometimes difficult to prove, be sure to maintain ANY paper work that has been given to you by your employer if you choose to persue legal actions.
First and foremost there is an Government Controller Corporation in Canada called "The Office of The Employee". I would urge for you to perform a GOOGLE search on your computer entering in "Employee Rights" as the search.
The most important thing for you to do right now as well is to begin to ensure that you have a good resume. I know it doesn't sound that great but if things do work out and you meet your deadlines do you wish to remain in a mallicious work environment? Begin a job search now and if you decide NOT to persue legal action at least you have something to fall back on.
I wish you all the best and good luck in the future!

Answer 7

What if there was a possibility where it wasn't a hard thought to contact a lawyer because you had one of the top rated law firms in your state on retainer so that you would get Unlimited Phone Consultations, Letters and Phone calls made on your behalf, in addition to a few other great benefits all for less than you would pay in retainer fee's if you had calling a lawyer from the yellow pages...

Sound to good to be true... Not even Close...

Contact me directly and I can show you how much you can save and be able to say you will be hearing from my lawyer and MEAN IT without even thinking about how much it is going to cost you...

Answer 8

If you are that intent on staying at this company - contact an Attorney who specializes in Labor. The consultation fee may OR may not be waived.

As a lay person I am of the opinion that if a company wants you out - it is their prerogative to terminate your employment. Generally they will document a specified number of incidents prior to asking an employee to leave.

Have you tried to have a meeting with your boss and Human Resources or with your boss' and his immediate superior?

One other thought - On a personal note: No matter what the outcome -- do you really want to work where you aren't wanted???

Good Luck.

Answer 9

Get a lawyer NOW before you are terminated. After you are terminated it is harder to prove because it looks like sour grapes.

Go to HR and file a formal complaint against your boss for harrasment and creating a hostile work environment. If your HR Department is a professional HR department, those words should make them drop their load.

Request your meeting in writing via email, which gives a date and time stamp. Get a read receipt, which also shows a date and time stamp, and make HR respond to you. When you're done with your meeting with HR send your HR rep a follow up "recap" email and get her to repsond to you. If he/she does not contradict anything you've said in your meeting, it is evidence in your behalf.

God forbid you get fired after your meeting with HR. Now you've got evidence of retaliatory firing. Obviously you don't want it to go that way, but it is an anchor of sorts for you.

Do you have notes, emails, anything from your boss that can be construed as hostile in any way?

DO NOT QUIT. MAKE them fire you. If you quit, you will get no unemployment benefits. You can exempt out of taxes if you wish to ensure you're getting your full paycheck until such time as you are reasonably sure you're not going to get fired. It is totally legal, and it will just give you some extra money. Also, on a final paycheck, the payroll department can do a thing called a Circular-E, in which they can legally take up to 48% of your final paycheck for taxes. I've only seen it happen once, but it's possible.

I hope this helps,

GET A LAWYER NOW.

Rebecca

Answer 10

You should really check out the equal employment laws. They have different locations in your state you can go into and speak with someone. They will advise you if you have a case and if representation is necessary. Be strong and hold your ground, no matter what happens do the right thing. I have a current sex, and discrimination case pending as we speak. If you have any evidence or proof it will always be very helpful to you. Good luck, Good Bless.