My friend works for a company, where the Assistant General Manager has been trying to get him fired for the longest while, but he cannot fire him, because he has no real grounds. First he accuses him of using company property for personal reasons, this was refuted and found that my brother was not. He has told my friend to not do works that the General Manager assigned him, and we know the motive would be he would have proof that he is disrespectful! Next he accuses him of stealing, and this too was refuted. Now he is accusing him of having sexual relations with another employee on company promises. This is also not true. Is this considered harassment? What can be done about it? There are so many more, but way too much to mention! Desperately seeking some advice!!!
2007-12-14 13:02:01 · 8 answers · asked by ? 2 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
This is in the USA
2007-12-14 13:14:32 · update #1
He has mentioned this to the GM, but it was dismissed, simply saying, it does not have the credentials of harassment...(I don't understand), it really seems that way to me
2007-12-14 13:15:59 · update #2
Why in the world is this happening? There must be some reason for the idiot AGM to be doing this.
It sounds like unless the jerk's boss is willing to address the issues, your friend would be wise to look for another job.
2007-12-15 02:06:54 · answer #1 · answered by Judy 7 · 1⤊ 0⤋
Part of this story does not add up. I'm not saying that your friend isn't having problems. However, the assistant GM doesn't have to "try and get him fired". If you are in a state with "at-will" labor laws, and your friend is not covered by a union contract, then the company can fire him for any reason short of discrimination. The company doesn't need any "real grounds".
Is your friend covered by a union contract? If so, he should speak to the steward as soon as possible. If not, he should speak with the HR manager. If your friend has a good case, the HR manager can investigate the claims. If the HR manager decides that there is no case, then it's time to move on. The relationship between your friend and his boss has deterioriated to the point where there is no chance of having a good working relationship. These people will determine raises and promotions and your friend won't be first in line for either. There's no point in continuing there.
2007-12-14 21:55:54 · answer #2 · answered by The Shadow 6 · 0⤊ 0⤋
Harassment that is considered illegal is that which is based on discrimination by a person's sex, race, nationality, color, religion, ethnic origin, disability, military or marital status. see www.eeoc.gov Your state may have addition bases which are considered discrimination. That is the only type of legal harassment that you can go to court on.
A manager who does not like an employee -- not because of one of the discrimination bases -- is not doing anything against the law. Personality conflicts are not illegal. Unless he can point to a discrimination base as the reason for the general manager trying to get him fired, he is out of luck in the legal system.
If he does believe this is based in discrimination and files a complaint with the EEOC/state's human rights dept he takes a chance that he will be terminated. And then he gets to file another complaint for retaliation. NO, there is no law that will force the company to re-hire him at that point. If he files complaints while employed he rolls the dice that he will be terminated.
As for refusing to do something that a boss has assigned, that can lead to termination for not following orders.
2007-12-15 13:39:40 · answer #3 · answered by CatLaw 6 · 1⤊ 0⤋
Funny ... we must work for the same company.
First thing ... document everything. Take copies of any emails that prove what's going on. In Canada, it's called "Constructive Dismissal". I forget what it's called in the States. It means they reated a situation in which you had no choice but to resign or be terminated.
Is there an HR Manager? If it's possible, I'd suggest your friend just look for another job. If the company does this all the time, I'd suggest getting a lawyer.
2007-12-14 21:50:01 · answer #4 · answered by C S 5 · 1⤊ 0⤋
Has he filed any complaints about the assistant general manager? Usually, in a harassment situation, it does need to be documented. Typically, you would do this with your immediate superior, but in this case it should go straight to the general manager. He should file a formal complaint with the general manager. If the behavior continues, he should file a second complaint. If there are no consequences for the assistant general manager after the complaints have been filed, consult an attorney.
2007-12-14 21:13:05 · answer #5 · answered by Stephanie73 6 · 1⤊ 0⤋
He needs to look for another job. If upper management is not stepping in to solve the situation, you friend has been hung out to dry.
If you sue as a hostile work place you my win with documentation but will never be trusted again in that work place, he will be labeled a trouble maker. He needs a new job NOW
2007-12-14 21:17:24 · answer #6 · answered by D J 7 · 1⤊ 0⤋
Well i don't know what country you are in, but if in Australia, click on the link below. it may help you.
2007-12-14 21:11:03 · answer #7 · answered by Anonymous · 0⤊ 0⤋
While it may be harassment, it is not "illegal" harassment in the U.S.
2007-12-15 18:58:35 · answer #8 · answered by Squat1 5 · 1⤊ 0⤋