In DC, supervisors were emailing and discussing employee attendance probs (and other probs) with a peer of the "problem" employee; additionally, they were discussing FMLA issues. Is this legal? "Problem" employee terminated, in part due to hostile peer intentionally creating negative focus, in part, employee broke lateness rule. Third supervisor joined in, calling "problem" employee a liar, among other things. Emails are archived and could be retrieved as proof of hostility.
2006-11-30 18:19:44 · 4 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
That could be viewed as a form of "constructive dismissal". If the supervisors intentionally created a hostile workplace in order to remove an employee, that is not kosher.
2006-11-30 18:26:28 · answer #1 · answered by michinoku2001 7 · 0⤊ 0⤋
No its not ok for one no employer has the right to discuss FMLA issues with someone who is not in management. If you could prove this you could sue the company for disclosing personal information.Thats a federal law to protect the employees privacy.
If you work in a right to work state they can fire you for whatever reason they want to as long as they dont tell everyone and there is nothing that you can really do.
Next if everything is true about the employee wheater or not another employee was trying to get them into trouble then your **** out of luck. All they need is the documentation to prove it. Now if they have emails stating that they are intentionally trying to get you fired because they do not like you and are trying to create reasons to fire you and you can prove this then they can get into serious trouble but you have to have written documentation or other its your word against then. If they gave you warning about being late before and they have a policy and you broke it their is nothing you can do. Best thing is talk to a laywer and tell them the diffrent aspects. Also if you could get someone that you used to work with to testify on your behalf that they overheard these conversations then that is a plus. However if you know you did wrong let it go. But yah talk to a laywer about the emails, and tell him also about supervisiors discussing the employees fmal with other employees. Written is always going to be better.
2006-11-30 19:00:41 · answer #2 · answered by Syrinthia C 2 · 0⤊ 0⤋
Employee was terminated based on poor performance - attendance being a major factor.
2006-11-30 18:27:06 · answer #3 · answered by PALADIN 4 · 0⤊ 0⤋
one word "insubordination"
2006-11-30 18:22:10 · answer #4 · answered by Anonymous · 0⤊ 0⤋