My mom has been having a lot of trouble at her job lately, basically her supervisors started "nitpicking" at little things. But noone else would get in trouble for those things only her. Then they didn't fire her but, they basically made her quit. Is this legal? What can she do about it?
2007-03-01 15:04:14 · 4 answers · asked by Toni B 1 in Politics & Government ➔ Law & Ethics
No employer can "make you" quit your job. She chose to quit on her own. Nitpicking at her job performance is not harassment, nor is it discrimination. The law only prohibits discrimination when it is based on a person's protected status--race, color, religion, national origin, sex, age or disability under federal law.
2007-03-01 15:14:54 · answer #1 · answered by dh1977 7 · 0⤊ 0⤋
Issues like this call for legal advice -- which in almost all states can only be given by attorneys. Asking a law student to give you legal advice (or even an attorney from out of state) puts that person at risk of sanctions if they do give you legal advice. It's called the unauthorized practice of law.
That being said, here is some general information to consider. Most states have laws that prohibit harassment, sexual or otherwise, at the workplace. But those laws are separate from issues of whether a person can or does quit their job.
Also, the issue of recovering in a civil suit for any harassment that did take place is different than a company having done something "illegal" in violation of state or federal law. The issues can get complex, which is why only a licensed attorney can provide legal advice.
Finally, remember that laws vary by state, and what is allowed in one state may be prohibited in another. That's why attorneys are licensed per state.
If your mom wants specific legal advice on whether she has a claim against the company, she needs to speak with an attorney licensed in her state. Most offer an initial consultation at little or not cost. Many states and counties also have referral services for attorneys. Check your local listings.
2007-03-01 15:18:00 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
She has to see a lawyer and build a harassment case. It is ILLEGAL but the catch is you have to PROVE it, and it's become widespread practice (it was done to me) if you make someone quit so you don't have to pay unemployment benefits, and the government doesn't have to admit you are unemployed if you don't recieve benefits. In otherwords the government can lie about the fact more people are jobless than it has to admit, so they actually ENCOURAGE this practice of "shedding" employees by companies and corporations. And big business puts more campaign donation dollars in politicians pockets than people like your Mom or myself.
2007-03-01 15:29:58 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Discrimination in the work force, is a serious offense. Not to mention proper work ethics. She should hire an attorney, she is entitled to compensation.
2007-03-01 15:35:28 · answer #4 · answered by beygrl 4 · 0⤊ 0⤋