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they were going to fire me I took 12 weeks of FMLA. So I could become vested in my 401k, which I did. I requested from HR that they transfer me to a different location b/f I came back to work. Bu the HR person never responded basically teling me that he had no intention of transfering me to another location to save me additional heartache from this jerk manager. So essentially he forced me to resign my position, I was NOT going to go back into that hostile work enviroment so I quit. Do I have any legal recourse since the HR guy never so much as returned my emails Please let me knwo, what I should do. I am also ABSOLUTELY SURE this Store Manager is telling perspective employers I am interviewing with he is telling them negative info but i cant prove it. I know this is long please help

2007-11-16 03:31:15 · 8 answers · asked by Anonymous in Business & Finance Careers & Employment Law & Legal

8 answers

I would imagine you have legal recourse. If for no other reason, you can bring a harrassement suit against the manager and a suit against the company for not doing anything about it. But I'm not a lawyer, so don't know for sure. I would seek legal advice then proceed

2007-11-16 03:36:05 · answer #1 · answered by Ace A 3 · 0 0

Since you don't give any specifics on the "harrassment", it's impossible to say whether you have any recourse there. Some people, including some managers, are jerks (I've worked for a couple over the years) - and while it's not right, neither is it illegal.

There is no requirement that a company transfer you to another location because you ask to be transferred. And while it sure would have been decent and professional of them to at least respond to your request even if the answer was no, they aren't legally obligated to.

If the manager is telling lies about you to prospective employers and you can get proof of that, you do have recourse. But if he's saying negative, but true, things, then you don't.

Anyway, good luck for finding another job soon.

2007-11-17 00:25:54 · answer #2 · answered by Judy 7 · 0 0

A hostile work environment is very difficult to prove -- you must be being harassed based on your skin color, your sex, your ethnicity, etc. If the manager was simply a jerk, it's not considered "legally" a hostile work environment.

They are not required to re-locate you within the company. Frankly, as long as what the manager tells folks about you is true, or as long as he says it's his opinion about you, that's legal too.

Your best bet is tell prospective employers that you and your former manager did not get along personally -- so you resigned to find employment elsewhere. Let them know that he will likely not be kind in his reference about you.

Hang in there -- but I don't really believe you have any legal action you could pursue.

2007-11-16 12:14:34 · answer #3 · answered by leysarob 5 · 0 0

if your request to be transferred was ignored BEFORE the FMLA you have reason to pursue this legally...

If you do not have any paperwork that shows you requested a transfer then it looks as though you quit, and there is no recourse for that.

good luck to you

2007-11-16 11:41:12 · answer #4 · answered by jmd72inva 6 · 0 0

Try contacting your local EEOC office and tell them what happen
Use Google search engine. Type EEOC/state< your state. They are the equal employment opportunity commission.

Good luck!

2007-11-16 11:37:50 · answer #5 · answered by John 5 · 1 0

You could file a claim with your EEOC office. Free to file. Call them up, go in and fill out a complaint form with the information and see what happens.

2007-11-16 12:40:59 · answer #6 · answered by hr4me 7 · 0 0

maybe an uphill battle.
got to have evidence etc of harrassment.
any greedy lawyer would take your case-but would he win it?it takes years before the trial and all the appeal are finally finished with.
store manager is a lowlife-hope he/she chokes.

2007-11-16 12:13:33 · answer #7 · answered by Anonymous · 0 0

same answer for this as the last one

I want to be a massage therapist so I can tell clients things like "I don't even care what your ex husband did, just be quiet and try to enjoy the massage"

2007-11-16 12:42:11 · answer #8 · answered by Anonymous · 0 0

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