http://www.undercoverlawyer.com/forum/ Where Employees Find Help for Hostile Bosses en Tue, 06 Jan 2009 21:57:47 +0000 http://www.undercoverlawyer.com/forum/topic.php?id=305#post-3540 Tue, 06 Jan 2009 14:00:10 +0000 lori-vorwald 3540@http://www.undercoverlawyer.com/forum/ <p>Questons,<br /> Yes it reconize mental stress as valid!!</p> <p>ADA:<br /> A physical or mental impairment that substantially limits one or more major life activities </p> <p>All For Justice<br /> <a href="mailto:lorivorwald@hotmail.com">lorivorwald@hotmail.com</a> </p> http://www.undercoverlawyer.com/forum/topic.php?id=306#post-3539 Tue, 06 Jan 2009 13:55:04 +0000 lori-vorwald 3539@http://www.undercoverlawyer.com/forum/ <p>Hi Everyone,<br /> The NEW LAW that I am proposing is to be FEDERAL LAW or ammendment to already established law. This law is to benefit every American Citizen in the United States, not just Wisconsin. I need everyone who believes in this to send letters to me.<br /> I need for you to trust me - I know it is hard to trust I am the same way. Not trusting keeps us stuck. All For Justice-non-profit is real. This is my job!! Without your support we risk not getting JUSTICE. The $20,000.00 I payed out for a letter, would be elimated. I don't want us to continue to be victimized.<br /> So please help. </p> <p>All For Justice<br /> <a href="mailto:lorivorwald@hotmail.com">lorivorwald@hotmail.com</a> </p> http://www.undercoverlawyer.com/forum/topic.php?id=305#post-3538 Tue, 06 Jan 2009 13:55:03 +0000 ptsdCop 3538@http://www.undercoverlawyer.com/forum/ <p>i think the 'mental stress' would have to be diagnosed by physician/professional to fit into the definition below -</p> <p>An individual with a disability is a person who:</p> <p>Has a physical or mental impairment that substantially limits one or more major life activities; </p> <p>Has a record of such an impairment; or</p> <p>Is regarded as having such an impairment. </p> <p>A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:</p> <p>Making existing facilities used by employees readily accessible to and usable by persons with disabilities.<br /> Job restructuring, modifying work schedules, reassignment to a vacant position;<br /> Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters. </p> http://www.undercoverlawyer.com/forum/topic.php?id=305#post-3537 Tue, 06 Jan 2009 13:37:11 +0000 Questions 3537@http://www.undercoverlawyer.com/forum/ <p>Could someone verify if mental stress is included under ADA? </p> http://www.undercoverlawyer.com/forum/topic.php?id=304#post-3536 Tue, 06 Jan 2009 11:45:46 +0000 crosley 3536@http://www.undercoverlawyer.com/forum/ <p>Thank You for getting back to me.I was hired16 months ago as an Engineer/product manager for special<br /> High ticket item A/C systems.My employer has 500 Employees-and ( ( salesmen who sell my product and other HVAC products ) The sales of my product have taken a slump-due to the present economy ( Cost of a new car )<br /> In Sept-I was sent out on the road-PA-DEL-MD-contacting contractors as requested by the VP and regional Mgr.,to see what contractor forecast would be for 2009.During my travels-they took my Cell phone-along with several others...to save the expense.</p> <p>I was told the goal of my product was $500.000 for 2009-while it only sold 200.000 -2008.After all my travels for 3 month-The VP and regional Mgr. requested a report of contractor forecast.The report revealed 1.4M</p> <p>Then the report was received-they told me the report was unrealistic,even when I was only providing feed back from my meeting of 76 contractors.</p> <p>On Dec 24,2008-I was called to a meeting-where I was told the new goal was now $800.000-2009<br /> my salary was cut by 50% and placed on a commission schedule for the goal/divided by 12 months<br /> and progressive salary increases equivalent to what was was in the beginning.</p> <p>The goal maximum is at best $300.000 in spite of the contractor wish list and guesses.</p> <p>I was further informed that the president of the company may allow me to stay-with the reduced salary<br /> which ay justify my existence..so-I am now the salesman and no longer the engineer or product manager.</p> <p>When the VP/ Regional mgr. returned to the home office-It was time for me to call it a day-and it was christmas eve at that..The Branch manager let everyone go home early. except me.</p> <p>He came over to my desk...and said: How can you just sit there all day...and do nothing..I have been a manager for 40 years at several companies...and my perception of you is just that...and you spend too much time bullshiting with others here...? I told him I had no clue what he was talking about..none...<br /> and that if he was trying to make me angry ---good luck...and then went home.</p> <p>I am 65---a good-and hard worker-with an excellent repetition in the industry Correct me if I am wrong-but they made a commitment prior to the recession for my product..and the $$$$ didn't happen-so now there jobs are on the line-nevertheless They need me--in a cheap way...and maybe fearful in letting me go.yet hope I will just leave..</p> <p>This situation I believe is typical of how the recession has made people very ugly...</p> <p>Thank You for taking your time to read my story.</p> <p>In a message dated 1/6/2009 8:29:50 A.M. Pacific Standard Time, <a href="mailto:undercoverlawyer@gmail.com">undercoverlawyer@gmail.com</a> writes:<br /> Sure, John. What's up?</p> <p>--------------------------------------------------------------------------------<br /> .</p> <p>--------------------------------------------------------------------------------<br /> New year...new news. Be the first to know what is making headlines. </p> http://www.undercoverlawyer.com/forum/topic.php?id=303#post-3535 Tue, 06 Jan 2009 08:57:05 +0000 ptsdCop 3535@http://www.undercoverlawyer.com/forum/ <p>Welcome - Thx O.Y. .... you very articulately join the other members here in appreciation for this forum - refuge .... soon to be dubbed the Resistance.</p> <p>Hopee you will share with us how the UCL helped your particular situation - we would love to hear and add it to our wall of fighting back,</p> <p>hope you will continue to stay in touch a add the benefit of your experience.... </p> http://www.undercoverlawyer.com/forum/topic.php?id=277#post-3534 Mon, 05 Jan 2009 23:01:20 +0000 Prime-Worker 3534@http://www.undercoverlawyer.com/forum/ <p>Curt,</p> <p>Upon review of the policy, it was not as cut and dry as was told. There is no union. The policy indicates that payment could be made based on management's decretion. I called the regional manager and give him the logic on the policy design as you indicated plus told him that this was of no fault of mine and allowing the payment was management's discretion. He said the discipline was my fault. I told him that the charges were unfounded and described why I felt them to be retalitory. He also made a comment that I should stop stirring things up and concentrate on sales. I reiterated how my sales numbers have always been good and how customers continually come back and ask for me. He backed off a little and told me to send this to him in writing but he still did not think he could get me paid through HR.</p> <p>I was to have an operation due to my workers' compensation injury during the Christmas holiday. I was told by the WC coordinator that there were others that were to be off during that period per my manager and I would have to wait until mid-January. Yet, at the same time during the holiday, I was given the unwarranted suspension. Go figure!</p> <p>The posting of the EEOC Settlement was found neatly laminated on a bulletin board where employees gather. There was not a posting date on it. It did not look discolored or have any dust on it as if it was there from the settlement date two and a half years ago. I did not recall seeing it there in the past nor did other associates I asked. </p> <p>Prime-Worker </p> http://www.undercoverlawyer.com/forum/topic.php?id=300#post-3533 Mon, 05 Jan 2009 20:51:50 +0000 littlelulu 3533@http://www.undercoverlawyer.com/forum/ <p>I miss a LOT of breaks due to workload. Like today, the Office Manager played around on her cell phone calling people and texting instead of getting the bills ready to be filed so I did NOT get an afternoon break because they HAD to be mailed out today but she didn't give them to me for 2 hours after i asked her for them. </p> http://www.undercoverlawyer.com/forum/topic.php?id=282#post-3532 Mon, 05 Jan 2009 20:49:48 +0000 littlelulu 3532@http://www.undercoverlawyer.com/forum/ <p>Curt, are you serious, menopause is a disability. WOO HOO, that means I now have THREE disabilities (and the forced menopause from a total hyterectomy really doesn't affect me like the asthma and work induced depression/reactive anxiety disorder do)....... </p> http://www.undercoverlawyer.com/forum/topic.php?id=292#post-3531 Mon, 05 Jan 2009 20:18:04 +0000 CAsound 3531@http://www.undercoverlawyer.com/forum/ <p>I think it's best to get your file before you leave. I'm having trouble getting mine now. I know what was in it before I was terminated and was under the impression that employers are required to provide it if asked within 21 days. However, HR is now saying "I<br /> can forward you copies of any documents you have signed." I don't know if this is a good or bad thing but I thought they couldn't really hide anything from me even if I was no longer working there. Thoughts? </p> http://www.undercoverlawyer.com/forum/topic.php?id=303#post-3530 Mon, 05 Jan 2009 19:54:22 +0000 Chiiloy 3530@http://www.undercoverlawyer.com/forum/ <p>I wanted to thank you dear Undercover Layer for all your advice, support and your book "Work Laws Exposed"!! Your book is very insightful, full of good advice, it explains OUR rights at work and as I read it I realized how little I knew about MY RIGHTS. Your book has great examples which help to better understand different scenarios and therefore it's easier to see which scenario/group applies to me or anyone. Lastly, I'd like to say that your book is very intelligent, easy to read and follow, gives a great deal of useful information about employee's rights, how to protect yourself from being fired, being mocked, from a mean boss etc. I highly recommend this book to anyone who is seeking legal help, or needs a good advice or simply wants to educate themselves! </p> <p>Again thank you very very much for all your help and a great book "Work Laws Exposed"!</p> <p>O.Y.<br /> Chicago, IL </p> http://www.undercoverlawyer.com/forum/topic.php?id=302#post-3529 Mon, 05 Jan 2009 18:58:35 +0000 scoopster 3529@http://www.undercoverlawyer.com/forum/ <p>Mail your letter certified return receipt, to show proof they signed for it. </p> <p>Yes they can file a counter lawsuit, but I can't think of any solid grounds, but they can tell their lawyers to file regardless if they win or not just to scare and intimidate you. A lot of bosses are ignorant when it comes to law. They think their job title makes them more powerful in a court. NOT!!! But you will prevail, they will have to forge your signature to say you signed a no compete clause.</p> <p>Moreover in one of my old request on the same subjects way back. Curt emphasized that the no-compete's only hold solid ground when given to us at our hiring, not in the middle of our employment. Plus if the company goes out of business, it also voids the no-compete clause.</p> <p>So find out what date you supposably signed this, and look it up, you might have been off that day. I'd be requesting for your whole complete employment file from this employer. Plus have someone else call acting like another employer requesting a reference check, just to see what they say about you. </p> http://www.undercoverlawyer.com/forum/topic.php?id=302#post-3528 Mon, 05 Jan 2009 18:30:03 +0000 chanel39 3528@http://www.undercoverlawyer.com/forum/ <p>Thank you for the two cents. I will be mailing the letter tomorrow to them. I have a questions can they file a counter lawsuit against me. This former employer is a very nasty and vendictive person. </p> http://www.undercoverlawyer.com/forum/topic.php?id=299#post-3527 Mon, 05 Jan 2009 18:16:31 +0000 ptsdCop 3527@http://www.undercoverlawyer.com/forum/ <p>sounds like significant progress ... do you anticipate any categorizing of topics, discussions, etc. ??...</p> <p>just to brainstorm - EEOC (process, mediation, investigation, findings, conciliation, filing suit); grievances; signs you may be walked off the plank; legal case holdings (or added under related agency involved); concepts from the book (protected classes, etc.); other tips (like from podcast 7 - other previous employee actions); etc.</p> <p>....like i said - just brainstormin' </p> http://www.undercoverlawyer.com/forum/topic.php?id=302#post-3526 Mon, 05 Jan 2009 17:51:49 +0000 ptsdCop 3526@http://www.undercoverlawyer.com/forum/ <p>chanel ... just to add to curt's -</p> <p>in many states you could file your lawsuit and at the same time have a subpoena issued and served on the employer by the court .... for all your records --especially the alleged non-compete document. </p> <p>maybe if you advise your new employer of this, they will tend to trust there is no such document </p> <p>just my 2 cents </p> http://www.undercoverlawyer.com/forum/topic.php?id=297#post-3525 Mon, 05 Jan 2009 17:41:20 +0000 ptsdCop 3525@http://www.undercoverlawyer.com/forum/ <p>Curt UCL .... thx for all the info and will try the ipod venture.</p> <p>Related to your podcast 7 - you mentioned the terms un lawful to discriminate on the "TERMS, CONDITIONS and PRIVELEDGES" of employment -</p> <p>would this also be the same standard/language for the ADA disabilities and or retaliation ????</p> <p>- i have at least one e-mail (from employer attorney) and numerous signed memos/documents, changes in my job conditions, i.e., minor demotions resulting in loss of overtime pay, denial of previously allowed time-off vac days, changing of work days without any notice (presumably hoping i don't see the changes and miss work)-</p> <p>also like in the legal case featured, change of job saying it was 'abolished' - but actually divided up among other/younger employees. </p> <p>thx for such very pertinent cases and tips - hopefully we can index all this great practical wisdom for the 'join the resistance' academy....</p> <p>p.s. - by the way, SAFE and happy new year of 'THE resistance' </p> http://www.undercoverlawyer.com/forum/topic.php?id=213#post-3524 Mon, 05 Jan 2009 11:15:15 +0000 lori-vorwald 3524@http://www.undercoverlawyer.com/forum/ <p>Hi Everyone,<br /> Just a couple updates! I start my depositions at the end of January(yuck!). My Federal Court date is Oct 5,2009(yes!!). I told my family it might be worth it for them to send me to a Hotel during the depositions. What I know about them they can be pretty grueling!!<br /> On another note, I am getting ready to put my meeting in regards to the Ammendment/New Law. First before I start rattling-I need stories from everyone who has suffered these horrific crimes. Do not judge what happened to you as worthy or not, it is and you are. Stories big and small is what we need to bring these actions in. Please send me your stories or your support of the Ammendent/Law that will represent every American Citizen in the United States. I ask that you send this to my personnal e-mail.com, as it will make it easier to put this much needed package together!!<br /> I have uncovered so much in our bill of rights that we can use to help us in this Journey. Enforcement Guidence: Liability for Unlawful Harassement by Supervisors(read,read)there is too much there for me to put down in words. </p> <p>"Respondeat superior" (Latin: "let the master answer") is a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment.[1] This rule is also called the "Master-Servant Rule". It is recognized in both common law and civil law jurisdictions.[2] (It is also sometimes written as respondeant superior, the plural form. To those of you who hear Employment At will, or Soverign Immunity(TitleVII)The proosection against employment discrimination are now applicable to the Fed.Goverment.</p> <p>11th hour(anyone who is told that there State has Soverign Immunnity)(nick name the 11th hour<br /> The Amendment was adopted following the United States Supreme Court's ruling in Chisholm v. Georgia, 2 U.S. 419 (1793). In Chisholm, the Court ruled that federal courts had the authority to hear cases in law and equity against states by private citizens, and that states did not enjoy sovereign immunity from suits made by citizens of other states. Thus, the Amendment clarified Article III, Section 2 of the Constitution, which gave diversity jurisdiction to the judiciary to hear cases "between a state and citizens of another state."<br /> So, on very positive note I have realized the power within us is huge, we just have to take the risk of being Vulnerable again. I know now I don't have to do it alone. I have all of you(Thank You GOD!!)and the determination and will to exercise our Constitutional Rights as American Citizens of the UNITED STATES GOVERMENT. And no I'm not a politician!!</p> <p>All For Justice<br /> <a href="mailto:lorivorwald@hotmail.com">lorivorwald@hotmail.com</a> </p> http://www.undercoverlawyer.com/forum/topic.php?id=300#post-3523 Mon, 05 Jan 2009 10:56:16 +0000 dkachef 3523@http://www.undercoverlawyer.com/forum/ <p>what kind of records do you need to get your money back? </p> http://www.undercoverlawyer.com/forum/topic.php?id=300#post-3522 Mon, 05 Jan 2009 07:48:10 +0000 dkachef 3522@http://www.undercoverlawyer.com/forum/ <p>Is there a problem if you work off the clock voluntarily? </p> http://www.undercoverlawyer.com/forum/topic.php?id=301#post-3521 Mon, 05 Jan 2009 02:26:26 +0000 IntegritySeeker 3521@http://www.undercoverlawyer.com/forum/ <p>Well, my employers personally hired her I suspect, because she would do their bidding. She is a former employee of theirs who left a few years ago to start a family. In my 6 years with the company, it has been my experience that my employers egos are bigger than their concern for their company's growth. They like "yes men" who they think make them look better, but if you think it would make a difference to go through the motions just to say I tried, I'll give it a shot... </p> http://www.undercoverlawyer.com/forum/topic.php?id=297#post-3520 Sun, 04 Jan 2009 22:14:45 +0000 UndercoverLawyer 3520@http://www.undercoverlawyer.com/forum/ <p>ptsdCop,</p> <p>Yes, you can leave a positive comment even if you don't have an iPod. You just need to use the free download of iTunes software to your computer.</p> <p>1.) Download iTunes for free here: <a href="http://www.apple.com/itunes/download/" rel="nofollow">http://www.apple.com/itunes/download/</a></p> <p>2.) After you have iTunes installed on your computer, click this link and your computer will automatically launch iTunes and take you to the page where the podcast is listed: <a href="http://phobos.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?id=284065741" rel="nofollow">http://phobos.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?id=284065741</a></p> <p>3) Then, just click "subscribe" and click "leave comment". Then, be sure to explore all the other stuff you can access on iTunes for free. There's a lot of great resources there.</p> <p>Curt </p> http://www.undercoverlawyer.com/forum/topic.php?id=282#post-3519 Sun, 04 Jan 2009 21:53:32 +0000 UndercoverLawyer 3519@http://www.undercoverlawyer.com/forum/ <p>Lawadmin, You are spot-on about severance. It's not required unless there is a contract of some type. Or, you can try to negotiate for it.</p> <p>Jobprobs,</p> <p>"Constructive termination" means a boss tried to force you to quit by making your work life so miserable that any reasonable person would feel forced to resign. This is not illegal.</p> <p>BUT, there's also "Wrongful Constructive Termination", which is illegal. The "wrongful" part means that your boss is making you so miserable that you will want to quit BECAUSE you are a minority, you are female, you are over 40, you are a whistleblower, etc.</p> <p>It sounds like you qualify as a previous whistleblower, over 40, and a female. So start documenting every little thing your boss does toward you that could possibly be negative, and relate to your past whistleblowing, age, or gender.</p> <p>And by the way, under the new ADA revisions I think that menopause IS a protected class because it would be a disability. Seriously!</p> <p>Hope this helps, and like always please keep us informed of how things go for you.</p> <p>-Curt </p> http://www.undercoverlawyer.com/forum/topic.php?id=302#post-3518 Sun, 04 Jan 2009 21:21:31 +0000 chanel39 3518@http://www.undercoverlawyer.com/forum/ <p>Thank you very much for this letter and I will submitting this letter on tomorrow. I will definitely let you know. You are a GREAT help. Thanks again. </p> http://www.undercoverlawyer.com/forum/topic.php?id=302#post-3517 Sun, 04 Jan 2009 21:15:23 +0000 UndercoverLawyer 3517@http://www.undercoverlawyer.com/forum/ <p>If you didn't sign a non-compete with your former employer, then they should give it to you. If they refuse, they are just being Grade-A jerks. In this economy it is horrid that they would try to deny you a job based on tricking you potential employer into thinking that you may have a non-compete.</p> <p>So here's the letter I would send your ex-company:</p> <p>Dear Company A,</p> <p>We both know that I did not sign a non-compete at any point during my tenure with you. Why you would try prevent me from working for Vendor B, I certainly do not understand, but it is clear that you are doing just that.</p> <p>Please stop trying to trick Vendor B into thinking I might have signed a non-compete, and kindly provide me with the requested letter confirming that there is not any non-compete between myself and Company A.</p> <p>If you refuse to provide this letter to me by Thurday, January 8, 2009 at noon, I will have no choice but to file a lawsuit against Company A for the following:</p> <p>1) Intentional interference with prospective economic advantage. This tort perfectly matches what Company A is doing to me; furthermore I will seek to name the following individuals as additional defendants in their individual capacities (insert names of people stalling, calling Vendor B, your ex-direct supervisor, the HR person);</p> <p>2) Defamation. You have communicated to Vendor B (in legal terms "published") the falsehood that I have been lying when I told Vendor B that there was no non-compete between myself and Company A. As a result of this published falsehood I am currently and continually prevented from working for Vendor B. My damages are and continue to accrue at the rate that Vendor B offered to pay my salary.</p> <p>Rest assured, that I would much rather come to a mutual agreement with you, and not be forced to file a lawsuit. In today's economy, however, job offers are extremely valuable, and I will not stand by idly while Company A plays games with my professional future any longer than this coming Friday, January 8, 2009, at noon.</p> <p>I look forward to hearing back from you before that time.</p> <p>Sincerely, </p> <p>Chanel39</p> <p>So, I hope that helps. If it works, I want a good testimonial in return, okay? That's all I ask; well, that and be sure to let everyone here know how things go for you.</p> <p>Yours,</p> <p>Curt K. </p> http://www.undercoverlawyer.com/forum/topic.php?id=228&page=2#post-3516 Sun, 04 Jan 2009 20:48:40 +0000 UndercoverLawyer 3516@http://www.undercoverlawyer.com/forum/ <p>Debbie,</p> <p>How long did it take to get your final paycheck? If it took longer than the next scheduled payday for your company to give you all of your pay they owed you, the they probably owe you some additional civil penalty amount, too. </p> <p>In New York, if an employee is fired, the paycheck is due the next scheduled payday. Same if the employee quits. (The citation to the statute is: "N.Y. Labor Laws § 191".)</p> <p>Also, if you are over 40 and they told you that you were being downsized because of the economy, but in reality they filled your position with a younger worker, then you have an age discrimination claim.</p> <p>Have a listen to the latest podcast (Episode #7) for a full explanation of age discrimination and how it may apply to you.</p> <p>Curt </p> http://www.undercoverlawyer.com/forum/topic.php?id=277#post-3515 Sun, 04 Jan 2009 20:39:11 +0000 UndercoverLawyer 3515@http://www.undercoverlawyer.com/forum/ <p>Prime-Worker,</p> <p>Back before I went to law school I was in HR, and our company had the exact same policy. It was meant to keep people from calling in sick in order to extend their holiday weekend. I've never heard of it being applied to people who were out for disciplinary reasons, but unfortunately that doesn't mean it can't be.</p> <p>I think that in order to undo the second insult of taking your holiday pay away, you have to first undo the 1st insult of putting you on unwarranted suspension.</p> <p>The only other possibility would be if you are a union employee, and the union contract guarantees your holiday pay; or if your company policy actually says something different than what your manager claims it says (sometimes managers are working off old policies that have changed -- they never bother to read the new ones). </p> http://www.undercoverlawyer.com/forum/topic.php?id=297#post-3514 Sun, 04 Jan 2009 20:36:58 +0000 littlelulu 3514@http://www.undercoverlawyer.com/forum/ <p>Can't wait to listen to it but my internet connection is SOOO bad right now due to weather that I am going to have to HOPE that the connection improves so I can listen to it tomorrow....... </p> http://www.undercoverlawyer.com/forum/topic.php?id=292#post-3513 Sun, 04 Jan 2009 20:32:23 +0000 littlelulu 3513@http://www.undercoverlawyer.com/forum/ <p>I requested mine which caused my supervisor to pull my desk file (at least I am 99.9% sure it was mine), clean it out and shred incriminating documents she had in there against me that could get HER in trouble. She is such a skank. </p> http://www.undercoverlawyer.com/forum/topic.php?id=228&page=2#post-3512 Sun, 04 Jan 2009 20:30:15 +0000 littlelulu 3512@http://www.undercoverlawyer.com/forum/ <p>Don't let this eat you up but DO get justice. </p> http://www.undercoverlawyer.com/forum/topic.php?id=302#post-3511 Sun, 04 Jan 2009 20:29:19 +0000 chanel39 3511@http://www.undercoverlawyer.com/forum/ <p>Hello, thank you for this website and the information has been very useful to me. My situation I'm sure is familiar. I worked for a former boss who created an hostile environment by yelling and belittling his employees in front of other employees and customers. If tasks were not done his way, he yelled and threaten to fire people for being imcompetent. I was a dedicated worker who worked countless hours and weekends when I did not have to work those hours. I was spending 15 hours in the office working until 2 am sometimes 3 am on week days and weekends. I was definitely neglecting my family and felt very guilty. We'll while my employment there we agreed to hire a consultant to assist with a major project. After hiring this consultant, I found myself out of a job within 2 months. They hired the consultant because of her expertise on one certain area, but they did not have experience is any other areas, ie manging an office.</p> <p>The reason why I am writing this forum is that the week before I was dismissed the employer revoke all of my computer privileges and when I questioned him on what was going on he reinstated my privileges. I believe he changed his mind because the consultant had not started on the job as of yet and he needed me to fill in until she started. Unfortunately, I saw this coming because the consultant was asking for information that she did not really need for this project. Also, I new he could not afford my salary and the consultant. The consultant started the last week I was on the job. I was told by my former employer that my position was eliminated and that the company was taking another route. My position was Operations Manager and her hiring position was Director of some sort, but each position has the same job duties. I later found out they hired another office manager. This was before I had to fire two other department managers before I was fired. I was used as the bad gut to fire quality employees that he did not personally like working for him anymore. If he did not like an employee, he always wanted the manager to write them up for small things just to have something on them if they tried to sue.</p> <p>Now I have a opporunity to work for one of their vendors and I need a release letter stating that I did not sign a non-compete agreement and I am release to work for them. I am having diffculties receiving this letter. I have been calling for the past two weeks and even went into the office and I was refuse the letter because I did not go through the new manager. I did not sign no such agreement and now I feel they are trying to prevent me from being employed by one of their vendors. The person who replaced me has been calling the vendors and asking questions about why I need this letter. I need to know do I have a right to receive this letter or can they refuse to release me to work for one of their vendors. I know this was a long post, but want to give a history of my post. </p> http://www.undercoverlawyer.com/forum/topic.php?id=295#post-3510 Sun, 04 Jan 2009 20:28:37 +0000 littlelulu 3510@http://www.undercoverlawyer.com/forum/ <p>As difficult as this advice is - please do it. Just be as pleasant as possible, helpful as possible and do your job to the best of your ability. IT IS EXTREMELY DIFFICULT TO DO WHEN YOU ARE BEING TREATED LIKE DIRT - ask me, I KNOW all about this as this has been my fate the past 18 months. However, since I found this group and talked to Curt, I don't let management see me sweat or stress out which makes them wonder just what I am up to and makes my supervisor do more HORRIBLE things that are going to come back to bite her BIG TIME. I can tell you from experience that it will make your insides a mess as well as your head but I really think it is going to be worth it once the proverbial "shit hits the fan" at our office. </p> http://www.undercoverlawyer.com/forum/topic.php?id=298#post-3509 Sun, 04 Jan 2009 20:24:24 +0000 littlelulu 3509@http://www.undercoverlawyer.com/forum/ <p>Depression is also a disability. </p> http://www.undercoverlawyer.com/forum/topic.php?id=295#post-3508 Sun, 04 Jan 2009 20:20:05 +0000 UndercoverLawyer 3508@http://www.undercoverlawyer.com/forum/ <p>RightonTime,</p> <p>Welcome to the forum! I hope we can help you here.</p> <p>To get some leverage back against your manager, you have to ask yourself, "Why is my manager picking on me as opposed to everyone else?" Is it because you are older (over 40)? Because you are female? Some other protected class? That's the road you need to go down.</p> <p>You need to look deeper at your story with this manager in order to identify the places that can protect you. </p> <p>If you haven't signed up for the free email course, that is a good way to get a whole bunch of free information. That will also give you an idea of whether or not you think the book would be something you would like and if it would apply to your situation (though it usually does).</p> <p>Most of all, however, don't give up. Just because we don't have a quick easy answer for you right away doesn't not mean there isn't one out there that can turn your hostile boss in a non-harassing supervisor. We just need more of your story, and you need to know more about the law. As we share information we'll find the point that can help you get a positive work life back.</p> <p>Curt </p> http://www.undercoverlawyer.com/forum/topic.php?id=277#post-3507 Sun, 04 Jan 2009 19:43:34 +0000 Prime-Worker 3507@http://www.undercoverlawyer.com/forum/ <p>I just received my pay for the past couple of weeks. Due to the unjustified 5 day suspension my commissions were substantially reduced. However, to add additional salt to the would, I was denied my paid holiday for Christmas. It was claimed that I would have had to work my scheduled day before and after the holiday to qualify. If out one of these days, management approval for the absense or documentation certifying the need for the absense would be required. When I addressed this to the manager I was told that he discussed it with the regional manager and the decision that I was not eligible was the outcome.</p> <p>The absense was not due to my choice and I feel I still should be entitled to this holiday pay. Is this something I have to bear because of their disciplinary action or should I still be entitled to the paid holiday? </p> http://www.undercoverlawyer.com/forum/topic.php?id=300#post-3506 Sun, 04 Jan 2009 19:42:34 +0000 dimond 3506@http://www.undercoverlawyer.com/forum/ <p>Off the clock....<br /> Wal-Mart had been / is being sued because some stores were making their employees work off the clock. And the company I work for, has a class action suite going on for the same thing.<br /> A few years ago, my store mgr. needed help because she was short help. She did'nt want me to write my time down ( "we would work somthing out" ). I told her it was against company policy to do that, and it is against labor laws. I helped her, wrote my time down and got paid. She didn't like the idea that I knew my rights, but I'm stil there and she's not. She got cought for working it out with others. </p>