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HOW TO FILE A GRIEVANCE OR COMPLAINT AGAINST A BAD BOSS

Updated on September 7, 2012
Are you the only one with an office like this? Want to file action against your boss?
Are you the only one with an office like this? Want to file action against your boss?

HOW TO FILE A COMPLAINT OR GRIEVANCE AGAINST A BAD BOSS

Your boss has given you an appraisal rating that you feel is grossly unfair and much worse than last year and when he has given you no justification for this action; OR your boss has given you a written reprimand for something you did not do; OR your boss did not even give you an interview for a promotion for which wanted and for which you applied. Even worse, he selected a person with less experience and less education than you; OR your boss has given you written notice that you will be fired in two weeks because your performance has been unacceptable. This was done despite the fact that he had never expressed dissatisfaction with your performance before.

Employees, somewhere, face these kinds of challenges every day. Their boss may be from heaven, from hell or from somewhere in-between, but the question is what do they do? Grin and take it, hope for the best, pray or do something else?

That something else, depending on the status of the employee and the organization’s policies, may be to file a formal complaint or grievance against the actions of the boss and, by implication, against the entire organization. Many organizations, especially those that are governmental or in the public sector or have employees covered by a union contract, give permanent employees (probationary employees usually do not have this right or option) the right to file a formal adverse action against their boss or the organization or both for actions or inactions to which they feel they have been damaged.

If you are at the edge of your wits regarding your boss’s unfair actions or inactions against you and are considering filing adverse action against him or her, before making a move, consider the following:

For years I was a government contractor that had contracts-some of them quite large-to handle employee complaints and grievances from a number of agencies. We handled many cases and from that experience, I offer the following insights regarding filing formal complaints and grievances against the boss or the organization:

· Most cases filed by employees are lost by the employee. This is because the case should not have been filed in the first place or, if the case was justified, the employee failed to supply sufficient justification or objective evidence to support the case. Many cases consisted mainly of the employee’s word against the boss’s word and the boss’s word usually wins out.

· Most cases are caused by management inaptness or poor communication with the grieved employee, as opposed to intentional unfairness or wanton discrimination. Therefore, most cases filed could have been avoided or could be resolved by the bosses’ better management of and communication with his or employees.

· A case is more easily won by the employee when other employees of the same boss have filed complaints or grievances against that boss and won.

· Some employees file so many cases that are looked at as pests by the organization and not taken very seriously.

If you feel you have been wronged by your boss and are contemplating filing some kind of adverse action against him or her, you might benefit from my experience in handling in all types of cases and the prospect of winning or losing each type. The Following are the most common types of cases:

· Performance Appraisal: Employees file cases in this category because they feel they have received an appraisal rating lower than they deserve. There are many cases filed in this category because appraisals in most organizations take place once a year. Some of these cases are won by the employee and others are usually lost. Generally, if an employee grieves a performance rating that is good or better than just satisfactory or normal; these cases are difficult to win. Here, the burden of proof is on the employee to prove that his or her performance deserved the highest rating, which is almost impossible for the employee to do. The motive for the employee, here, is to qualify for the highest raise, where appraisal results are liked to compensation.

The situation is different when the employee complains about a negative rating or one below satisfactory. Here, the rating can have a damaging effect on the employee’s career and here the burden of proof is on the boss to justify the rating. Because many bosses are too lazy to fully document the employee’s performance results, such justification is difficult to produce.

· Selection: Here the employee is alleging discrimination or unfairness on the part of the boss because he or she was not interviewed for a promotion when the employee was just as qualified for the position as the people who were interviewed or, though interviewed, was not selected for the position, even though the employee alleges that he or she was the most qualified of all the candidates.

In the case of not being interviewed, the employee would have a better than fair chance of winning, especially if the position being filled had been posted and the minimum qualifications, in terms of years of experience and level of education, were clearly specified. These are paper qualifications and it is quite easy to verify the employee’s qualifications from human resources files. On the other hand, if the grieving employee was interviewed but was not selected, then the case is almost impossible to win for the employee. The selection decision is not based solely on paper qualifications. It is based on the selecting official’s projection of which candidate would function best in the position. This not only has to do with experience, skills and education but on things that are not on paper. These things might include the candidate’s traits, abilities, interests, character and even personality. These kinds of things are usually brought out in the job interview. The grieving employee would have no idea how his interview staked up with that of the candidate who was offered the job.

· Discipline (in the form of written reprimand, suspension or demotion): This could be comparatively easy for the employee to win or just about impossible, depending on the cause of the discipline. If the discipline is imposed because of performance problems from the employee, these are the easiest cases for the employee because bosses have difficulty documenting and proving employee performance problems, especially if other employees are having the same kinds of performance problems and are not the targets of discipline. But the cases that are much more difficult for the employee are cases involving discipline imposed, as may be mandated by the human resources policies of the organization, for rule breaking, disruptive behavior, such as violence, or forbidden or criminal behavior, such as use of drugs or drinking on the job or stealing company property. As long as the boss has sufficient evidence that the employee is guilty of such things, he may be required to administer the mandated discipline or the boss, him or herself, may be the target of discipline from the organization.

· Dismissal or firing: This is the ultimate form of discipline in any organization if it is done because of the employee’s fault. If the employee is let go because of down-sizing or laid-off, this is not discipline and, therefore, not justification for adverse action against the boss or the organization.

Firing for performance deficiencies can be quite easy for the employee to win, providing the employee is not is probationary status at the time of the firing. Probationary employees typically do not have any recourse within the organization to adverse action. But employees who have permanent status would be crazy not to file adverse action if they are fired for performance reasons. They would have nothing to lose and possibly everything to gain. Because the boss typically does not document employee performance very well, the employee could very well win his or her case and get reinstated with back pay!

If you feel that you have been terribly wronged or discriminated against by your boss or by the organization, you can file adverse action-a complaint, a grievance or even a law suite. But think carefully before you decide to do it. Whether you win or lose, just the filing could destroy your relations with the boss and make you an outcast from the organization. Plus, bosses and organizations can have very crafty ways of getting back at you for taking such action. But, then again, that is called, reprisal, which is, in and of itself, a basis for filing a complaint, grievance or law suite. But which will probably be lost by the employee.

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      Seamus 5 months ago

      I am unionized and work for the city. I'm permanent. My boss has been gunning for me for years. I recently have been late a couple of time this month and I've had just some issues that I dealing with the best I can. Without being verbally counciled where it was documented. My boss went to the big boss and pulled my time and is coming at me hard again. There are other guys I work with that I would put my time up against and mine wouldn't be as bad but these other guys are he friends and the bosses have been informed that my boss might be accepting money for these positions but none of this can be proven. He's singling me out once again but I permanent this time around. I would like to bring him up on charges of treating me differently then the rest of the men and have everybody's time pulled. I've since corrected my lateness and it was for a one to two month period where the was an issue. The others guys are always late and can be proven if they pull their time as well. Please help. Thanks in advance.

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      Slava 8 months ago

      Hi,

      How or where can I file for adverse action-a complaint?

    • hugheshhrs profile image
      Author

      hugheshhrs 13 months ago from originally the USA, now Malaysia

      Renae: What are you waiting for? File the complaint or grievance. Just make certain that you have things in writing from your supervisor. Do not depend on word of mouth. Supervisors will always deny they said something, so get it in writing.

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      Renae Vierna 14 months ago

      I have been told by my manager that I needed to be perfect when I do anything for her, I am Administrative Assistant. In other words I'm not allowed to make any mistakes. I was recently told I will report to a middle manager to handle me and my co-worker because the department manager does not want to handle or have time to coach me or deal with any issues I may have. The new middle manager met with me and the other admin I work with, long story short the middle manager wrote up a work plan and training she said I needed based on her meeting's with the main manager in my department. The main manager had a long lost of skills I'm lacking, mind you I have been with the same company and department for almost 10 years. The middle manager has set up bi-weekly meetings and was told they check in with the main manager and her team that I also support. I have already been written up twice for minor mistakes that did not effect the outcome of the meetings or work flow. The manager has been nasty to me since I started working for her a few years ago and my co-worker has been a witness to this, I have been so stressed, can't sleep, have anxiety because I feel like I'm being bullied and I'm in a hostile work environment. I'm about to visit my doctor because I feel I'm about to a nervous breakdown. I already have serious health issues, Lupus SLE and a serious thyroid disease I've had 3 major surgeries since working at this compnay. I've been looking for a new job but have no luck. I would like to file a complaint about being bullied and being in a hostile work environment and unrealistic work expectations. I've have never filed a complaint about a manager but I can't take the pressure of never making a mistake and being under a microscope everyday.

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      Timmy1979 15 months ago

      I was having a problem and went to the human resources department for help while I was at work and the manager of the department I was working in at the time took out disciplinary actions on me for leaving the area I was in at while at work. I always thought it was my right to go to the human resources department while I was at work. I attempted to contact the director of the H.R. department after my manager took out the disciplinary action but they refused to allow me to file a complaint about the manager. What else can I do since the H.R. department will not help me with either of the issues i am having there?

    • hugheshhrs profile image
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      hugheshhrs 16 months ago from originally the USA, now Malaysia

      There are frequently no official forms for a complaints or grievances. That is usually put in memo form and addressed to HR, Employee Relations or the union, if you are a member.

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      JaneGB 18 months ago

      Where can I find grievance guidelines or forms? None available in my employee handbook?

    • hugheshhrs profile image
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      hugheshhrs 18 months ago from originally the USA, now Malaysia

      Daveyona:

      It would been better if you had written a memo to HR, maybe with a copy of the text, before you quit and telling them that sexual harassment is the reason for your quitting. Now you are no longer an employee, but since you are not claiming anything, you can still send a memo to HR just for their information. They may file the memo in the boss HR file, but perhaps not because you have already quit.

      Bb:

      Yes, that is classic retaliation and your boss is an idiot for trying it. File another action claiming unfair appraisal based on retaliation.

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      Bb 19 months ago

      I filed a grevience for a unfair write and advised I hadn't been given my annual review after asking for 2 months, the same week after filing the grevience I received a poor evaluation and Write up within the same day, would this be considered retailiation?

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      Daveyona 19 months ago

      Hi I just have a quick question. I need to file a report on my boss for calling me and every girl I work with baby or babe well recently he texted me and Called me baby and sexy and I told him a million times to stop and he didn't so I finally quit my job and blocked his number. I don't want anyone to do anything about it I just want to make it be on records so it doesn't happen to anyone else what do u think I should do??

    • hugheshhrs profile image
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      hugheshhrs 2 years ago from originally the USA, now Malaysia

      Barbara:

      No! this cannot be done. Go to HR or the union, if you have one. Now you can file a complaint against your boss to reinstate your pay from the suspension and have your record cleared in the HR department. Contact me on hugheshrs.com

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      Barbara roll 2 years ago

      Can i get suspended without pay while a complaint to hr i filed a formal complain against a co worker and she suspended me for 3 hours and is still investigating cause she has been out of work ? Why should i go with out pay when i eas in the right even my manager reported to hr the incident

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      Maria 2 years ago

      What about a non-profit organization. The new Executive Director is letting all previous employees go one by one and hiring people from his previous job in which they have no experience what so ever. He is also giving them a better pay and treating all previous employees like crap. He gives previous employees reprimands without no verbal or written warnings for no reason. What can we do to protect our jobs.

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      hugheshhrs 2 years ago from originally the USA, now Malaysia

      Martha:

      If Hr knows that your firing was retaliation, then it must act to force management to reinstate you in your job. If not, you may have a valid suit against both your supervisor and HR. Go back to HR and demand fair treatment. Learn more about this on hugheshrs.com.

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      Martha 2 years ago

      I was fired April 1st 2015 because an assistant manager fabricated a story that I was disrespectful to her.. Not the fact... On March 15th said asm came to my department and was very rude and snapping at me in front of a customer. I did not respond negatively in any way. I listened to her every word and did what I was asked to do. Because she has done this several times before I had filed a complaint with HR and the store manager.

      This was retaliation. HR knows she lied, said she would be reprimanded but would not give me my job back any suggestions.. I worked there 6 1/2 years

    • hugheshhrs profile image
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      hugheshhrs 2 years ago from originally the USA, now Malaysia

      Kashish:

      Please refer to my blogs on hugheshrs.com for help. address your question there.

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      kashish sehgal 2 years ago

      Hi. I am working in hospital last two years as patient care co ordinator.. My boss join last year.. She filled my performance improvement plan in august 2014.. And took my sign by forcefully now this is apresal timing she did not give me apresal... Then what to do now its may 2015...

    • hugheshhrs profile image
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      hugheshhrs 2 years ago from originally the USA, now Malaysia

      Sharon:

      I don't know if I understand this. If you gave notice why should your boss let you go. You gave notice that you wanted to go. And why should your boss have to dig you up on Craig's List when you were still there? Lastly, why should you want to do anything since you wanted to go anyway?

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      Sharon 2 years ago

      I gave my two week notice even after I gave my notice. My boss dig me up on Craigslist and let me go. I was not moonlighting her. Don't know what to do about it?

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      hugheshhrs 2 years ago from originally the USA, now Malaysia

      Jay:

      Even if you were the supervisor of the person who did the stealing, you cannot be held responsible for that person's actions. Certainly not just for knowing the person! You were treated with gross injustice. Plus, if you were fired, you probably cannot collect unemployment! If your former employer is small and private, unfortunately you have no in-house recourse. But you certainly and should see a lawyer, if you can afford one.

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      Manda 2 years ago

      No sound and my back was actually facing the camera. So therefore there is no proof that I even said anything. Secondly, the girls from the other shift already has spread rumors that I was a snitch. So is it possible that I could claim defamation by the other people who were also questioned?

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      hugheshhrs 2 years ago from originally the USA, now Malaysia

      Manda:

      Did the video have sound or not? If it did, then the whole matter of what you said could be proven. But, since your supervisor said that it was all a matter of he said she said, then that proves that your violation could not be proven and, therefore, there was no justification for disciplinary action against you. You should definitely use all options available to you to file action to have your record cleaned of the disciplinary action. Good luck!

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      hugheshhrs 2 years ago from originally the USA, now Malaysia

      Prashant:

      The first thing to clear up is whether you have a union contract or whether your job is covered by the contract. If so, then it is up to the union to address the fairness or unfairness of the raises. If no union contact, then the second thing is whether your organization is public or governmental. If so and certain employees of your same job classification were given raises and others not, then you would have a basis for a complaint. If the organization is private or corporate, the only way you would have a chance of winning a complaint is if some employees in your job classification were given raises and others not and for no apparent reason. Then you and all of the non-raised employees could file a joint action.

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      jay 2 years ago

      I was fired 2 days ago for a situation that did not involve me. A person stole from one of the stores i used to work in and i knew tbe kid. He was fired before they found out that he stole a cellphone. They are now saying that its my responsibility and are taking money out of my pay and im still fired. Basically i want to file a complaint against my boss because i worked hard for the money i make because i have my kids i need to take care of and i have child support i have to pay. Do u think that i wood win If i file the complaint against him?

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      Manda 2 years ago

      Hello, I want to file a grievance against my boss for displinary action. I was written up due to an incedent that had occurred which employees were yelling at each other. I was trying to get one of my Co- workers to go into another room when someone was shouting at her and coming at her in a physical manner. I got written up for being on camera but I was not involved in the argument,nor did I speak to anyone who was attacking my co-worker. During the investigation other people accused me of cussing at them which I did not. I wanted to file a grievance because this is now on my record and has prevented me from obtaining another job with in my company. I don't know the best way to describe the situation in order to win my argument. The boss repeatedly told me the whole investigation was a bunch of "he said, she said" so does this prove that I was actually violating a policy? Is it actually proven and they can only see me on camera addressing my friend In order to diffuse the situation by asking her to just walk in the other room which she told them is all I did during the investigation?

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      Prashant 2 years ago

      Hi, I worked for a multi-national company in India. Recently, company has announced that due to difficult times Management Board of the company has decided to postpone the 2015 salary increment globally for a time being. But, I have found out that in India, company has raised the compensation for some employees around 10 by keeping this process secret. Also, those who got salary hiked are keeping this secret to themselves, therefore, no proof is available at the moment. In such circumstances, I would like to know how and where I can file a complaint against the company. Also, do you think I can challenge this in court. I am a permanent employee and working in this company for almost 9 years. I would be glad if you could help me out on this burning issue.

    • hugheshhrs profile image
      Author

      hugheshhrs 2 years ago from originally the USA, now Malaysia

      Dave:

      There is an old saying: be careful what you wish for-in your case what you grieve for-you might get it. This all depends on exactly what the basis of your action was and what the HR policies of your organization are. You won the case, but what remedy did your case seek? If you sought for the supervisor to EITHER give you a promotion or remove the extra responsibilities from your duties, then the supervisor obeyed the mandate when he removed the extra duties form your job. The fact that the supervisor gave the extra duties to another employee is nothing you can take issue with. That becomes a matter for the other employee to address.

      However, because this is a government agency, there could be more complicated issues involved. The HR policies of most agencies require that if an employee is required to perform duties of a higher position for more than sixty days, he or she must be paid at the level of the higher position for as long as the employee is required to perform the duties. Was this done with you? If not-you said you did the extra duties for two years-you could sue for extra back pay.

      The other issue is whether the supervisor's removal of the extra duties from your responsibilities really prevents you from getting the promotion. In government supervisors do not have the right to grant an employee a promotion. The vacancy has to be openly posted and any qualified candidate can compete for it. Certainly you, after performing the job for two years, would be the top candidate for the position. Check these issues out with HR or the union, if you are a member. If you have any additional questions, contact me.

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      Dave 2 years ago

      I work for a government agency in New York. I was assigned tasks above my title level, therefore, I filed out of title grievance. I won the case. Now, my employer is taking the away these tasks from me so that I dont get promoted to that level. I been performing thses tasks for two years. Now the tasks are ssiggned to a less experienced and less educated employee than me. Can the employer take action? If the employer can not the this action, what is the best way resolve this issue?

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      Dave 2 years ago

      I work for a government agency in New York. I was assigned tasks above my title levels, therefore, I filed out of title grievance. I won the case. Now, my employer is taking the away these tasks from from so that he I dont get promoted that level. I been performing thses tasks for two years. The task are ssiggned to a less experienced and less educated employee than me.

    • hugheshhrs profile image
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      hugheshhrs 3 years ago from originally the USA, now Malaysia

      FloraAlas:

      You are still on probation, you probably have no rights yet, as far as filing a grievance is concerned. They can fire you without looking back. Hang in there until you become permanent, then let us discuss things. Keep in mind that the boss knows you are vulnerable while you on probation and can be fired easily. But once you are permanent-if you make it-that becomes a different horse and a different color.

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      FloraAlas 3 years ago

      Hi there I am still on my 3 month probation. I work for a unionized co

      Plant and I have a boss that is always getting on me for little things and I feel really attacked . I brought it up to the boss that is above him and they said that they will talk to him and that things won't be like that at al any more. But it continued. He sent me home cause he was upset I guess from me calling all the other mama gets against him. And not I want to file a complaint agains him but will they just disregard it. And I don't want to get fired

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      Upset&Confused 3 years ago

      Hi!

      I was recently given my performance review by my Lead. The review was rated at an average of "Meets Expectations". He told me that I was going well and improving on my communication skills. My communication has been spoken about in that I wasn't sending emails to the team saying that I needed help with my work. This wasn't done because our team manager sends out a team-wide email every morning asking for help when she sees that our workload is heavy.

      Six days after the review, I was pulled into a meeting and issued a Performance Improvement Plan. I have no idea where the PIP came from as there were no instances in those six days that warranted any kind of reprimand. The complaints against me included things that my team manager labeled as "violations of the department expectations documents". Problem is, there was never a violation of the department expectations. All of my work was and has always been in line with our documented department expectations. I was not, however, given an opportunity to refute these complaints and I was never asked to sign anything. This was sent to me via email.

      Two and a half weeks later, I was working on a Friday and I was the only senior employee in the office. My lead is on paternity leave, my manager doesn't come into the office on Fridays, and the other senior team member doesn't work on Fridays. I was preparing to leave after working 7.5 hours, as I only needed 7.5 hours to reach 40 hours for the week, when our newest team member, who had only been on the job a few days, asked me for help. As her fill-in trainer, I helped her. I left her and got to the time clock, swiping in time to give me exactly eight hours. However, the time on the time clock changed from 3:41 pm to 3:42 pm midswipe, and recorded my swipe out at 3:42 pm, giving me an extra minute. I had not taken a lunch that day because I did not expect to work over eight hours. I texted my manager immediately to let her know what happened, as I could not swipe back in, swipe out for lunch, swipe back in after 30 minutes, then wait an additional 15 minutes to be able to clock back out. She never replied to my text. I emailed her first thing Monday morning, thinking that she did not receive the text. Still, no reply. Later that day, she pulled me into a room alone and issued a Final Warning stating that due to my working over eight hours on Friday, I am now not allowed to make any mistakes at all at work, or I will be terminated. I let her know that while I understand the application of the labor laws, what should I have done when asked for help by the person I was supposed to be helping. Her reply was "someone else could've helped her". Again, I was given no opportunity to refute her claims nor was I asked to sign anything. This was also sent to me via email.

      I requested a meeting with HR because the complaints in the PIP did not hold up to our department expectations. He suggested that I express my concerns to my manager. I requested that he be present because I'd voiced those concerns on numerous occasions. When I attempted to go through the PIP to ascertain how we went from a good review to a PIP six days later, my manager said "That is just nitpicking and we won't do that." I attempted to state that I was only seeking to understand her reasoning for issuing the PIP and why there was a PIP in the first place, since no department rules were broken. She would not explain. She attempted to make it seem like I did not know how to do my job and when I read directly from the PIP and stated that my process was not what was in question, rather it was the fact that I simply had not clicked a button fast enough for her, she rolled her eyes and redirected the conversation. I requested that she give me specific expectations of me, such as how soon she would like me to reply to her emails or the expectations that are different from what our department expectations are. She said that she would not do that "because that would be micromanaging". HR sat there and said nothing.

      I then asked how long this PIP would be in place, so that I would have a goal by which to track my progress and improvement, and she said that it would be "indefinite". I expressed concern that this offered me no room for improvement, no goal to reach for other than to be perfect at work and that was not fair because we all make mistakes, and it did not seem to be in line with our company's core values. She refused to even acknowledge my request.

      From everything that I've read, this situation is one in which a manager seeks to put things in an employee's file in order to justify termination. The same exact thing happened to a former teammate of mine when our manager first came to our team. I was told by a friend in HR, who is not our team's adviser, that if I filed a complaint, she cannot fire me and it will force the head of HR to look deeper into the issue. I have copies of all of the emails that she's sent to me regarding this issue. I also have documentation of my excellent performance reviews from my Lead as well as documentation showing the commendations and praise I receive from my team and other coworkers.

      My question is whether or not I should file the complaint with the head of HR, send a letter to the CEO as the accusations stating that I've violated department expectations are not true and therefore are a violation of our company's code of conduct, or seek outside help?

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      Johng726 3 years ago

      Very nice post. I certainly appreciate this website. fdkdeafekfdd

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      hugheshhrs 3 years ago from originally the USA, now Malaysia

      Nick:

      If your boss is late in paying all of the employees, then he is having a cash flow problem and cannot meet his payroll easily and on time. If that is the case, the employees should look for another job because there is a danger in the future the pay checks will bounce and you will find the doors closed for good because he is out of business. On the other hand, if you are the only employee having this problem if being paid late and the employer does not seem to be having financial problems, then you are being discriminated against and you should investigate filing a complaint.

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      nick 3 years ago

      What do I do if my boss holds my check every week and I never get paid on time ever, I've been bitting my tounge every Friday when he tells me that I'll get it next week, my check is late every week and I feel he taking advantage of me, do I file a complaint or just better off walking out on a busy day since this is my second job?

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      hugheshhrs 3 years ago from originally the USA, now Malaysia

      Dan:

      Non-selection is the most common basis for grievances and complaints, but they are difficult for the employee to win. Your problem is that you have no idea how your qualifications stack up against those of the person who was selected. You know you met the required qualifications, but that only entitles you to be fairly considered for the position. You were granted an interview, although you say it was short. The problem is you do not know whether it was shorter than the interview granted to the selectee.

      The one issue where you might have a chance is if your organization has a policy of considering in-house candidates first and going to the outside only if they cannot find anyone in-house sufficiently qualified. In that case you should be quick in filing your action, provided your qualifications met the requirements of the job.

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      hugheshhrs 3 years ago from originally the USA, now Malaysia

      Nasiri:

      It sounds like not only you has a grievance against your boss, but all of the other employees as well. Unless all of the employees are minorities or one of the covered groups under the EEOC, you cannot file an EEO complaint. If you have a union, you should turn to the union rep to see if the boss is violating the contract. If no union, then as a group you should turn to the human resources department. But remember, you cannot file legal action against a boss just for being a bad boss. He or she must be violating some law or the union contract.

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      Pharme354 3 years ago

      Hello! aceeeea interesting aceeeea site! I'm really like it! Very, very aceeeea good!

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      Dan 3 years ago

      I work for a county government as a 9-1-1 dispatcher. An opening for the Sheriff's department, with the same county, under a different head had an opening. I more than qualified for the position, and applied. I was "interviewed" by the Sheriff. By interview I mean, he asked about 5 questions, and lasted less than 5 minutes. Basically it was a courtesy interview. Do I have a valid grievance, since someone outside was hired, and I wasn't given a fair opportunity to represent myself as a candidate? As of right now I don't know this new hire or their qualifications for the position. Any help is appreciated. Thank you.

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      nasiri 3 years ago

      my boss is very mean he is using departmental resourses for himself and for his house, taking work in holidays from his subordinates, humilate people infront of other juniors etc.

      i want to launch grivances against him plz guide me, from where i start and what will be the obligations & what will be the proper wording for it.

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      hugheshhrs 4 years ago from originally the USA, now Malaysia

      Basically, an employee will not be successful in complaining about the management approach and decisions of a supervisor. It is up to the supervisor's supervisor to assess those kinds of things. An employee or a group of employees can complain formally if the supervisor has violated human resources rules or regulations or federal laws against discrimination. In that regard, it is important for you to be familiar with the HR manual or consult the HR department before taking any action. Also, if you can get other employees to join you in the complaint, that will ensure your safety from the supervisor and enhance the prospects of success of the complaint.

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      hugheshhrs 4 years ago from originally the USA, now Malaysia

      The first thing you have to do is find out what your rights are. At 16, you are under-age and probably only working part-time and, as such, may have no rights at all to complain about your supervisor. However, some other employees seem to have complaints about the treatment of this supervisor. If they are permanent employees, they can file a complaint with the HR department about the adverse working conditions produced by this supervisor. Since several employees have been targets of this supervisor, their complaint could have quite a sting for this supervisor.

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      HubbaBubba 4 years ago

      Hi, I am 16 years-old and work at a Wendy's in Pennsylvania. Ever since I started working there, the end of April of 2013, i've noticed my boss has pretty much been rude to everyone. For one, i worked there for not even two weeks, and she was yelling at me and being rude for not knowing how to make sandwiches, when many people were coming to eat (through the drive-thru) my station would get messy because I would have no time to clean up due to people continuously coming, she yelled at me & said the "F" word multiple times. A co-worker was sick, to the point she thru-up at work, the boss wouldn't let her leave because no one covered her shift. She then called her mom to tell her that she was very sick & the boss screamed at her and was cursing at her. Then just this Monday that passed, the boss gave a co-worker a panic attack and didn't called the ambulance, she just continued to yell at her. Many people want to file a complaint, but are afraid to because they don't want to lose their job. I personally don't care when people curse, but she has done it repeatedly, rudely, and while she does it she screams at us.

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      rockey20 4 years ago

      I work in her psych hospital and have encountered reverse discrimination, hostile work environment for many yrs & many reasons. One reason for hostility is advocacy for the patients. After years I did report it to HR & over a year later, nothing really has changed. I have a reputation with my co-workers as a snitch & a reputation with management as being an advocate who ultimately jeapordizes their accrediation with regulatory agencies. I've been a whistle blower & a thorn for upper management & I have a newer immediate manager who didn't like the changes administration made by giving her another unit to manage which is mine. She hated me from the past when I first went to HR about hostility b/c in my report was one of her own employees. Now she is my boss. Shes hardly an advocate for patients & she can't stand that my unit has taken on a pilot program that is geared toward less rules & more innovative modern approaches. I have learned to write emails & save them all to protect myself against reprisal. To add to the mix I got sick with a chronic disability and qualified for Intermittent FMLA. I used the time all throughout the year when fatigued & stayed within the frequency and duration that my Dr. specified (which they approved), when I requested to have the FMLA Intermittent continued b/c the 12 months were expiring, it was approved but...a meeting with coordinator followed about usage. She was hostile & flat out told me that my "pattern" of usage indicated that I was planning my days off in advance for leisure activity & she doubted the legitimacy of my absences. She said my "patten" was not consistent with a flare up but she responded that she did not seek out or consult with any Dr. or specialist about the nature of my chronic neuro-degenerative disease. She was offensive & I told her so & she tried to intimidate me into agreeing to reduce my hours even further ( i reduced my hours by 16 and she wanted to take 8 more). I said NO & ended the meeting informing her that I felt she was violating my rights & I intended on getting an attorney. She also said she would require re-cert from my Dr. for each & every absence which she knew was costly at $10 per page & I am in financial ruin from getting sick. I found out she was within law b/c of a clause in the FMLA that states an employer can require re-cert for absences if they SUSPECT fraud (based on a pattern of absences), they have no evidence of fraud but this "pattern" is the end all be all. If I used an FMLA absence before or after a day off or near a major holiday. I cannot control flare ups & when they occur. Well, I returned to work & saw the unit schedule that is done for a few months into the future & it was created 2 days to my meeting about usage, I was removed for one of my shifts= 8hrs & other employees names were filled in. They had to put me back in & don't even realize I saw that i was initially removed. When I researched all of this I found out that FMLA coordinators generally receive fraud reports from an employees' immediate manager & I believe my new hateful boss created the fraud report & then the "pattern" was used. But the FMLA Coordinator is also the Employee Relations Specialist! My evaluation was excellent & I have letters from dept managers & others that I am an excellent employee who does go above & beyond & does advocate for patient rights (rather loudly). My new boss hates that I write emails & that I am beyond vocal about issues. I seek out support from people with status & clout higher up & I have been told that the highest ranking officials all know my name & have heard my voice. Yet...very little change occurs. My new boss' decisions are ultimately destroying the unit which was unique & successful for years. She is sneaky & changes good unit practices into restrictive problematic practices & she is systematically taking away the unit's unique culture. She lies to give a reason for these actions & then I investigate into her reason & can see theres no evidence of it & that she lied. But she is the ultimate decision maker. She only responds to my requests if I write emails that others can see & read in the mass pilot program email distribution. How can I protest her decisions & make a formal grievance that her leadership & decisions are negatively impacting the success of the unit & are highly restrictive to the patients & goes against the principles & science of this pilot program without legal reprisal from her? I have asked & I have received support from the pilot program's top guy & some others on the team but ultimately she has the power to make such decisions. They can see that her decisions are not on point with the goals of the pilot but she backs up these decisions with "appropriate reasons" but the reasons themselves are not true to begin with. I am a person with the agenda of patient rights but I am sure all these top officials think I am building a lawsuit for monetary gain. No union & its a non-profit hospital. I want to make a formal complaint to her boss in writing & I want to be sure that I am not violating some employment law that restricts my protest & deems me insubordinate. Advice???

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      hugheshhrs 4 years ago from originally the USA, now Malaysia

      I could sense that you had other issues besides the mentor. You had issues regarding the job and if those issues are strong enough, then pushing to get permanent status in job you really don't like does not make sense for you. You should leave. But, remember that you may have to turn to someone in the organization for a positive reference for your next job,so be careful what you write.

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      Justiceman 1950 4 years ago

      Thanks for your insight. I believe that the reason she cannot get me fired straight is because all she has against me are things that are not quantifiable and solely subjected to perception (leadership, drive, be demanding of) - I deliver great results in my work and my team think positively of my contributions to the business.

      Here is an example of the mentor's actions - I had just returned from my holiday and when she came over to set up a meeting with me, she casually asked how I was, to which I replied I was feeling sleepy that morning after sleeping late during my time off. 15 min later she complained the HR head of this unit in front of me that I was no good to be a future leader in their company because I was sleepy, had headaches and sometimes looked tired at work. I was speechless.

      I get your point that winning this person over would get me a permanent job here but at this stage I am no longer sure that I wish to stay on. I left my flat, my social life, my partner and everything else behind to move into a village just for this job. Seeing my aspirations crumble hasn't been easy. Being placed on a second probation is incredibly humiliating and I will start looking for alternatives. However before leaving I wish to write a detailed complaint about the treatment I have received. Any idea how to do that. Thanks

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      hugheshhrs 4 years ago from originally the USA, now Malaysia

      Justiceman 1950:

      I guess I don't have to tell you that the organization and the supervisors have your head in a vice as long as you are on probation. They can let you go at any time, and you would have no recourse. That is the way probation usually works, however organizations vary in how they treat the status of probation. In some cases passing probation is virtually automatic, unless the employee does something terribly wrong. In other cases, the employee is carefully evaluated before a decision is made as to whether to move the employee to permanent status or let go. You would know how probation is customarily treated in your organization and whether the treatment you are receiving is customary or not.

      In your case, I am somewhat unclear on what the role of mentor is intended to be. Is you mentor the same as your supervisor or is your supervisor a different person? If so, why is your mentor acting as your supervisor and deciding that your probationary status will be extended and not your supervisor? If your mentor and supervisor is the same person, why did he or she have to appoint himself as your mentor? Mentoring is helping the employee to be successful on the job through advice, counseling and instruction. These things should be a part of the supervisor's job. Did your mentor do these kinds of things for you? It does not sound like it.

      You say that your mentor hates your guts, but do you have objective reasons for saying that. Has the mentor's actions or behavior shown that he or she hates you, or is that your feeling only? One thing you need to consider is if the mentor hated you so much he or she would have had you terminated at the end of your probationary period instead of extending it.

      I think the thing you have to do immediately is getting on the good side of the mentor as much as possible and get your permanent status. The other issues, such as the demands of the job, your upward mobility in the organization and your unfair treatment can be addressed only after you become permanent.

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      Justiceman1950 4 years ago

      Last September I joined a graduate scheme for a well-known company that prides itself on its values and care for employees. My contract indicated 3 months of probation period after which one would become a permanent given on performance and ability. I was placed in a purely transactional role with a fairly limited scope for further development within the department. Later on I came to know that it was a strategic move from the management due to the fact that the girl (who first got in as a normal entry level employee) I was due to replace had jumped 2 employment grades in just about 1.5 years and she is now a manager. I was told that I would need 2 years to jump just 0.9 grade to reach where she is now. My daily role is customer service for which one does not need a GPA nor even a degree, anyone with just high school can do it. Having said that, it's a busy daily role- day in and day out I cant get away from my desk and most of the days I have lunch while working. I slave away while my boss goes to have lunch outside and visits the company gym regularly despite constant work pressures we have in our team. Every time I asked him how I was doing, he always said it was pretty fantastic and he was glad that the work was getting done. I also received a self-appointed mentor as well who hated my guts from the first time she saw me (please note that nobody from other grads got a formal mentor like myself and we are 15 in the grad group). Realising that we don't see eye to eye, I avoided this person as much as possible and went out of her way. However, using her power (she is part of the higher management for this dept) she started setting up meetings with my colleagues behind my back to collect information about me. Whatever info she got she went to HR and misused it against me (she did the same with the information I myself gave her on one occasion). Now the probation period was getting over so on my last day she showed up at the meeting I had with my boss and handed me an envelope. In that it said that I was put on a further 3-month probation because I failed to "act demanding on my mentor and my manager and I was not exhibiting the leadership drive they were looking for by taking on new initiatives and additional work". My current role already asks me to work 10 hours+ daily plus early mornings and then evenings and even weekends. I cover for all my colleagues when they are off and I basically ran the entire team when most of them were out on a company trip for 3 days. I did all successfully and at high standards. My colleagues gave me stellar written reviews on my performance in anticipation of my year end review. I even asked the girl whom I replaced if she could get any time at all to take on additional work that is expected of me now, and she said no adding it is impossible given the pressure of the role. However, she was promoted 2 grades at lightspeed just doing the basic role while I am now facing a second probation and working my bottom off, in other words fighting a losing battle. Please note that now I have initiated my own project for which I wake up at 4.30 am in the mornings to do additional work for 2 hours a day. I dont mind the sacrifice but I feel extremely humiliated by this "mentor" (not sure why she calls herself that way) and I want to know if there is anything I can do to complain about the unfair treatment I have been subjected to. I even consider writing to the head office of this company (in a different country) but not sure whether this would help. Thanks for reading this, I am aware it's a long story. Are there any options for me?

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      hugheshhrs 4 years ago from originally the USA, now Malaysia

      A law suit at this point is a bit extreme. That should be reserved when the supervisor does something really hurtful to you, like unjustified discipline or firing. At this point, if the memo is not corrected or removed from your file, you should try grieving to the union, if you have one, employee relations or the HR department, itself. If that does not work, then more serious adverse action should be considered. I really think this could be easily resolved after an understanding between you and the supervisor.

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      notonyourlife 4 years ago

      hughesshrs,

      Thank you! I will go to proper channels to voice my concerns. If I do not see a written report stating that it was a "Miscommunication" or " XYZ did not request a scanner for personal use" or the like, should I then go to HR and if so should I tell both my supervisor and managing director my intentions of going to HR and file a complaint/report to erase that false accusation against me on my record? Can this also be grounds for lawsuit IF managing director did not do anything to erase that accusation or anyone who is in charge of IT dept that has a direct involvement or capable of resolving this? Thank you.

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      hugheshhrs 4 years ago from originally the USA, now Malaysia

      If your supervisor's write up of the situation went into your records, then you should have the right to write a rebuttal or explanation of really what happened and why. This should be addressed to your supervisor and to the HR file. If your supervisor refuses to allow your rebuttal to go into the file, then you should consider adverse action through the union, if there is one, or through HR. If your supervisor has any brains, he or she would remove the original memo from the file after hearing your explanation of the situation. Yes, this could damage your chances to compete for another job within the organization

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      notonyourlife 4 years ago

      ETA: My Managing Director's remark on the ticket for the IT department was: "I am denying XYZ a scanner for personal use".

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      notonyourlife 4 years ago

      I was accused of requesting a device for personal use for work according to my Managing Director's remark on a ticket for IT depart. Due in part an IT employee twisted what I requested. My request was to move a scan document (scans) to a folder to save - I was getting an error message and was the reason to seek help . The remark my Managing Director wrote and the IT person's assumptions are now recorded for the Company . Do I have the right to file a complaint to HR for false accusation? Isn't this a major blow on my record and character at work? If so, how can I redeem myself of being falsely accused? Just so you know I explained to my Supervisor what I actually asked IT to do and she understood but my Managing Director still wrote that remark on the ticket. What should I do? Thanks.

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      KG:

      Your problem is that you work for a small, private employer and you were only part-time at that. About the only thing you can demand is to be paid at least the federal minimum wage. Your only recourse is to appeal to the fairness of the employer. If the other employee who was released from Sat. work to do college study has less seniority or is younger than you, than you can ask that she be required to work Sat. instead of you. Since Sat. is an easy day and does not always require any help, the employer could be more flexible if he understands your problems in working on Sat. The other possibility is to hire you full-time to work on all days required and let the college student go. The employer would be out the same amount in wage expense.

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      KG 5 years ago

      I work for a small husband/wife dental office. I was hired for certain days Mon., Tues, Thurs, Fri, & some Sat if open. The first Sat I worked I wasn't even there and hour & was sent home b/c we were slow. I had asked my boss if it's okay if I take on another job Saturdays & he said absolutely it's no problem. I have been w/ them 10 months. I recently returned from maternity leave & in which time the other assistant at my job started taking college courses. They okay'd her to have off Sat too maybe forgetting that I didn't work on Sat for them. I was pulled into the office yesterday & pretty much told if I can't work Sat I'm fired. I make a ton more cleaning Saturdays then I would for the 3 1/2 hrs assisting (if we have work) & I don't have a sitter my newborn comes w/ me when I clean & I told my boss this. I feel there has got to be some way to fight this. It's unfir that he gave me perission to work another job & now he's pretty much saying I have to quit the other one & find a sitter to work for them if they're open??? I just want some advice if I can do anything?

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      Bob:

      You have detailed quite a large mass of "from hell" things about your boss, but the bottom line becomes the fact that, as a part-time employee, you probably have few, if any of the rights of a full-time employee, including the right to grieve an unfair termination. However, I am surprised to see that a part-time job is included in the list of union jobs. If you were, in fact, in the union, go to the rep and see what what can be done. Since you were only part-time I would not expect much.

      Yes, this will be on your record, but that becomes a possible problem only if you include this job on your resume and list the supervisor or HR as a reference. Since the job was only part-time and you had it for such a short time, you may not wish to include it.

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      jdlera:

      I fully understand how you feel, but you should understand that it is less of an issue of what they are doing to you in hiring this new girl than what they are doing to the organization. If she has the minimum qualifications for the job, then the organization is doing nothing wrong in hiring her. If she does not have the required qualifications, then she was hired through favoritism, which is not only unfair to you but to all the other employees who have your job. However, there is really nothing you could do about that, because it does not really affect you. However, if other employees competed for the job and had more qualifications than this girl, yet they were not selected, then they would have the grounds for a grievance. However, from what you say, this girl was appointed without competition.

      As for the her hourly wage being just a little less than yours, that is a horse of a different color. If she was given the usual starting wage for that position, then the question becomes why, after 6 years, are you making just 35 cents more than the starting salary-have you gotten no raises over the last six years? It seems to me that you should be concentrating on how you will request a promotion or a very large wage increase. Since they have hired a person who is much less qualified than you for the same job as yours and are giving almost the same wage you yours, than you have an excellent justification for such a request.

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      jdlera 5 years ago

      I have been at my job for 6 years. I have worked hard to get to the position that i am in. less than 2 months ago a girl was hired in my a temp service, she has already been offered a full time position, given the same title as myself and was hired in making $.35 less on the hour than myself. I feel this was unfair. I have never had a bad review. I take on more than what i can handle and volunteer for most things. what is the best approach to my manager about this situation? I feel that this was unfair to me, i have put 6 long hard years into this company.

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      First of all, I take it that your supervisor is not the supervisor of the nurse. Who is his supervisor, the doctor? If so, then who is the doctor's supervisor? The point is that you should complain about harassment or bad treatment from a co-worker to your supervisor. If the harassment is coming from a supervisor, you should complain to his supervisor. You should put your complaint in writing for the record and you should have whatever the supervisor does or does not do about your complaint in writing. No, your leaving does not make it impossible for you file adverse action, but you should not leave unless you get a better job. Filing action over the kind of treatment you describe is difficult to win because it can be nothing more than word against word. You have a better chance of getting your situation corrected by working through your supervisors or when concrete negative action has been taken against you-bad performance reviews, discipline or, of course, firing.

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      mistifiedmarjorey 5 years ago

      I have several issues of intimadation/harrassament at work,just wanting an opinion.I work with a physician and nurse practioner, both are verberally abusive to me. She has called me a bitch,just because she was mad,he has done the same on several occasions adding the word"fucking"in front of it. Now ,he let another employee while in his presence in his office threaten bodily harm on me and did nothing.My supervisor is aware of this. He treats her the same way too. We know both he and the nurse practioner have anger control issues. I am trying to make excuses for this bad behavior because I love my job and have a wonderful relationship with all the people we take care of. There has been other issues of property destruction and just being mean,but i have no proof on who did that for sure. He is also using me to get medicines for him and I know if I refuse the abuse will get worse. If I have to leave, and walk out is this going to help him as far as not worrying about a lawsuit?

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      Confused:

      You can check with the union rep or the contract regarding your rights while still on probation. You had better do this BEFORE you are fired. The problem you may have is that probation is usually a "try and see" period for new employees. It is there to confirm that the organization has selected the right person. If the employee "fails" probation, they are usually fired without any recourse to complaint to adverse action. But probation is treated differently in different organizations. In some organizations the new employee automatically passes probation unless they do something very wrong. In others the new employee is seriously evaluated or tested before they are passed. You need to check how probation is treated in customary practice in your organization. If your supervisor is being harder on you than with other new employees, then that is possible discrimination.

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      confused 5 years ago

      so i work for the state, i have a union, problem they are all in my boss's back pocket. from day one shes reminded me how lucky i am to have a job like this. now we're coming up on my 6 month probation and shes telling me i most likely wont pass it. i have had a harder time learning but some of the things she said i didn't know how to do on my 18 week review, i do and can do independently. she told me yesterday i should be looking for new jobs ..she also degrades me in front of coworkers and even talks to me when im on the phone with a customer. she wants me to update her every time i complete a task but then tells me to be independent. she even asked me if i needed her to take a picture of an envelope so i get the mail return procedures. she keeps comparing me to other workers and how quickly they learn what im taking longer to learn. if she does fire me at my 6 months can i protest it or ask for a union rep present? she has already given me the 'if you do get fired at least you gave it your all speech' which in my eyes says shes made up her mind. i leave work feeling stupid and worthless and just degraded. any advice would be great here. thank you.

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      F.S:

      Your boss seems to be trying to set you up to take responsibility for firing that he should take. In case of adverse action from the fired employees, he can point the finger at you. Don't let him do it! Tell him, if he does not already know it, that HR does not fire anyone unless they work in the HR department. HR can provide certain oversight and advice to managers on proper firing action, in order to protect the managers and the organization from vulnerability, but it does not fire employees in line departments. It simply processes firing decisions made by managers and supervisors.

      If your boss attempts to threaten you for not firing these people that he wants to fire, tell him to put everything in writing so that when you contact your lawyer, you will have a case that is very easy for you to win.

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      F.S 5 years ago

      I believe that my boss wants to fire me for not firing the associates he does not like (I'm HR Director), I believe it's not fair what he is trying to do. I feel that he is retaliating against me by setting me up on certain things... I don't know what to do. He is always making comments about firing associates and managers. Any advice will be helpful...

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      southc142:

      I well understand your wife's reaction. She sounds like, what I describe in my book, Your Career Track, a strong Track Two-a very hard worker, more committed to professional excellence than to her career advancement and loyal to her superiors and to the organization. The problem is that some bosses take advantage of track twos by depending on them to do things that other employees will not do, including part of the supervisor's job. They will pass them up for promotion because they do not want to loose them, as apparently happened in this case. These bosses think they can take advantage of track twos because they are such good citizens that they would not complain. Tell your wife to prove them wrong.

      First of all, look at who was selected for the promotion. If it was a male or a white female and your wife is a minority then the road is clear for an EEOC complaint. If that is not the case, then she must take another adverse action route. If she has the best performance record and the most seniority of the people interviewed and yet was not selected, then clearly injustice was done to her. Take the case to human resources. especially the employee relations department, if there is one. Since she was interviewed by a panel, this makes investigation of her case much easier. Panel interviews usually have a record of the scoring and a written justification for the final selection. If it is true that your wife was ranked no.1, somebody will have some explaining to do.

      At the very least, she should go to her boss and show her shock and disappointment at now being selected and ask for a full explanation. The boss had better not say that she was not selected because he did not want to loose her. That would give her a free ticket to a winning complaint or grievance!

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      southc142 5 years ago

      My wife was recently denied a promotion. This promotion would have moved her to a new office closer to home, and it was a position she had been looking to open for a long time, well, it finally did. My wife went to her interview, which consisted of her "would-be" new supervisor, her current supervisor, and one of her piers. My wife was told after the interview, by her "would-be" supervisor that she was the #1 pick for the job. A week later my wife was sent a "sorry we didn't pick you" email from her supervisor. Needless to say she was pissed since she was more than qualified for the position, and also has the most time in, 10 years, more than anyone else between the two offices. My wife asked one of her friends why she thought she didn't get the position. Her friend told her that behind closed doors, before my wife even knew, that the supervisor had told her that my wife would not be getting the job, she was just too hard a worker and they were not ready to let her leave. How is it fair that my wife would not get the promotion she wanted because she made her lazy supervisors job easy?? My wifes moral and love for her job that she had before is now completely gone.

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      prettypissed:

      I think I understand your name.

      It is not a matter of knowing the employment regulations of Canada. It is a matter of knowing the procedures in your organization. Why did the HR department think you had quit? Did you sign any paper to that affect or did you indicate verbally to them that you were quitting?

      If not, then the problem is a misunderstanding or mistake on the part of HR. This is fairly easily rectified by simply putting you back on that active employed list. If they refuse to do that, then they are saying, in essence, that you were fired. Unfortunately, because you were part-time or temporary, you have no rights to respond to a firing.

      Maria:

      Of course, school systems, being a part of state and local government, are fully covered by EEOC regulations. The first thing you need to find out is how employment is handled in your school system. Usually it is controlled by a central hr department, while the principals do the actual selection. If hr handles the initial applications for teaching positions, as is probably the case, go to hr and ask if your applications met the minimum qualification requirements in each case and if they did, why you were not interviewed in any case. Even if the principal you referred to makes the hiring decisions for all positions for which you applied, the the central hr department must have some oversight of the hiring process. If you file a case with EEOC you must do it within a specific time frame after you were not selected or even considered for a position for which you applied.

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      Maria 5 years ago

      Just wondering if there is a case against a school system in which I have substitute taught for in the past 8 years..I recently completed my teaching degree and became certified but was NEVER given an interview for over 7 positions that I applied for nor have I been called back to sub this year but 2 days when in the past I have been subbing more than 20 days a month!! I have never been advised anything regarding performance or such! It is a new principal whom just seems to not like me!! HELP! If you can. THANK YOU!

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      prettypissed 5 years ago

      sorry, forgot to mention I live in Canada.

      I wouldn't expect you to know work laws here, but just thought I'd mention that. i feel totally singled out, like is there anyway i could tell these guys they're treating me all wrong? i don't deserve this.

      thankyou for any advice you could provide me. i am freaking out. i'm only 23 and it was just a job to pay for college, but knowing my rights would be extremely helpful.

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      prettypissed 5 years ago

      Earlier this year in March, my part-time retail job started giving me less and less hours, repetitive tasks that were below my skill level, didn't invite me to do the ususal inventory, to no shifts at all. I kept in contact with my store for a month before getting a summer job. But everytime I called them, or asked my friends for the schedule my name in the beginning had zero shifts beside it to my name being removed all together. Wtf?

      Finally last Friday I called Human Resources and this woman rudely told me I had quit! I NEVER QUIT! I was waiting for them to call me! They sometimes have you temporarily laid off if you request it, but I hadn't heard of that happening in years and I never asked them to. I've been with this company for 4 years! And they didn't have the decency to tell me they wanted me out! I swear I never quit! And they were treating another girl the same way! Instead she faught back and is finally getting shifts again, but I was expecting them after months to finally call me and either tell me they have hours or to at least call me into the store to fire me! But to my knowledge I haven't done anything wrong. Why are they doing this to me? Are they allowed to say I quit when I didn't? I never signed papers, NOTHING.

      WHAT DO I DO?!!?!?

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      Colleen:

      First of all, check the human resource policy manual to see exactly what the discipline procedures are supposed to be for absenteeism. Did your supervisor follow the proscribed procedures for dismissal? Most organizations of any size require supervisors to use progressive discipline-verbal warnings, written warnings, sometimes suspensions and then dismissal, if necessary. Does not sound like this was done in your case, so check the human resources manual. You should have done this as soon as your were fired.

      Even if the supervisor followed procedures in your firing, there still might be the issue of fairness and uniformity of the application of discipline. If you were fired for doing the same thing as other employees who were not fired, then that is clear discrimination or unfair treatment. That might be the kind of case accepted by the EEOC, if you apply to file action soon after the firing. But, even if EEOC takes the case, the problem might be in proving that other employees were not fired for doing the same thing. Proving that the supervisor did not follow human resource procedures, if that is the case, would be much easier.

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      Colleen 5 years ago

      Hi, I was recently fired from a nursing position at a large local hospital. I had worked there approx 2.5 yrs. I was fired for excessive absenteeism. They use a point system, and you are not to exceed 5 points/yr. Each absence is 1 point, tardys are 1/4 pt. My boss said my most recent absence put my points up to 5.5. My problem is that I know several other nurses that have more call ins, and they are still there. She states, that I had 7 pts last year, and she had given me a break. And this year, shes only mentioned to me once concerning my absences. This is a "at-fault" facility. Dont you usually have to get written up 3 times and then maybe suspended before you are terminated? Otherwise, Im a very good employee, with good reviews, etc. My biggest problem is knowing several others with more points being swept under the carpet. Any advice or comments would be greatly appreciated.

      colleen

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      Linda:

      Seems pretty heartless to let someone go after 25 years of service. It also seems that you have a potential case of AGE discrimination under the EEOC, particularly if all of the other managers were younger than you, did the same thing and nothing happened to them. If all of the other managers who did this and were not penalized were male, you can also allege sex or gender discrimination. The age angle would be reinforced if your firing disqualified you for the company retirement or pension or reduced the size of your retirement.

      Don't just sit and take it. Get up and do something. You have nothing to loose and potentially a lot to gain!

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      Linda 5 years ago

      I was terminated for performance, my boss wrote me up 3 times for the same offenses the other 13 store mangers were doing, NONE of them were written up. He was always bullying me, threatening my job. I was the highest paid and oldest mamager in the district. I complained to HR and they did nothing. I worked for this company for 25 years.

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      Alex:

      There is nothing legal that can be done because you work in a small, privately-owned business. Of course, you and other workers can confront the manager and make clear your interest in getting a promotion and how your experience and skills commend you to the promotion more than is the case with the new woman. The issue of whether the woman is the girl friend of the manager or the assistant manager is not relevant. The issue is is why the manager promoted a person with much less experience and seniority than you and some of the other workers. Sometimes voicing your displeasure with something the boss has done does as much good as filing an official action because the boss may not always know how unhappy his actions make his employees.

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      alex 5 years ago

      I work at a small franchise pizza place and my manager promoted his "best friend" to assistant manager. the both the manger and the assistant manager hired a girl that is their friend. this girl has only been there for about 1month and a half and she was already promoted to shift leader. now the problem is that this girl is the assistant manager's girlfriend and me and my coworkers feel that this is the reason why she got promoted. also, this position is not really necessary, i was told this by the manager himself. it is clear that she does not have the experience to be a leader. me and other people are very mad at this. is there anything that can be done about this?

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      Your human resources manager should have informed you that you have the right, even if you sign the write up, to write a memo to the file disagreeing with the fairness of the write up and with a full explanation of why you disagree with it. Human resources has to put your memo of disagreement in the file along with the write up. If it does not, you than have a grievable issue in most organizations. Consult the human resource manual for confirmation of this.

      A write up is not considered discipline in most organizations, unless it is in the form of a reprimand or written warning. But a write up can damage the employee's record and future career because, like a reprimand, it becomes a part of the permanent record. Therefore your disagreement and explanation of the situation should also be a part of the record.

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      rhiannonr 5 years ago

      Hi my boss is trying to write me up for a number of over exhaggerated things. He's trying to say that i've done a no call no show 2 months ago when my branch mananger (I work for a Global security company) told him he wanted me to have days off on my next schedule. He was supposed to make me a new schedule by a specific time and he never did it. I told him before the time came that i needed to know what days i had off so I'd know when to go back to work, but since he didn't make it i didn't go into work the first day of the new schedule. The shift supervisor that day wrote me up for not going into work and didn't advise me i was supposed to work until 4 1/2 hours after my scheduled time. That supervisor got fired i might add a couple weeks later (this all happened 2 months ago), also on the write up hes saying i did a no call no show last week on thursday and friday when indeed i did called him and advised him i wouldn't be able to make it to work. I wouldn't mind signing a write up if it was true facts and not falsification of company records, what can I do if hes trying to force me to sign it. Also I contacted my Human Resources Mananger and she was very bias about the situation and didn't want to hear a word i said. I am very upset about the whole situation and dont want to get in trouble for things i didn't do. Please help me?

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      MP:

      Who is making the accusation, another employee or the supervisor? If another employee reported you to the supervisor and he or she took action without doing an investigation, then the supervisor is at fault. On the other hand, if the supervisor personally observed the incident, then that is something else. That becomes your word against both the supervisor and the other employee.

      Violence is usually pretty clear to define if it involved any physical component. Intimidation can be in the eye of the beholder. In either case, witnesses-other employees-to the incident becomes key for either side if this goes to discipline against you.

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      MP 5 years ago

      What can someone do if they have been accused or workplace violence however the actions that were "perceived" to be violent or "intimidating" were in fact not violent or intimidating. Is it possible that someone can be brought up on workplace violence charges if someone looks at someone the wrong way?

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      Cathy:

      You need to find out if your supervisor has the backing and support of higher management or not. Does higher management think that she is doing a good job or not. If they do not think she is OK, then she is probably blaming you people for her problems. Therefore you employees, as a group, have to protect yourselves by going to higher management and lay the facts out about her. If she is popular with higher management, then that makes your situation more difficult. This makes filing a formal complaint or grievance more necessary. But you should consider doing that only if she has done something against human resource policy or has harassed or discriminated against an employee. Once higher management sees a lot of adverse action being filed against the supervisor, that will quickly open their eyes to the supervisor and show her employees feel about her.

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      cathy 5 years ago

      I have a big problem regarding our manager and supervisor. My manager she always lying ,rudeness ,aggression ,threatening us all the time.Making alots some new policies against the workers.This policies that she make not knowing the higher manangement. Everytime we are short at work and busy.We call her ,but the answered that we got to her is.you need to do what you can do. And dont call me middle od the night about this problem.We had alots of experience we got to this manager and supervisor they are one together.What we can do to give them heads up the higher management to stop what their doing to us.We dont want to loss our job but this is almost a years and a years.still the same.thank you.

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      tegan1969 5 years ago

      Thanks for the advice. Lodging a complaint is less about "winning" and more about getting it to stop and telling my Boss that I do not appreciate nor enjoy the pranks. He has the type of personality where he doesn't take things seriously, so going to him first to tell him my qualms with his treatment will do nothing. His jokes are not hurtful, rather just extremely annoying, but this is just one part to the numerous issues he has as a Supervisor. As you mentioned, at the very least, I feel I should go to his boss and complain so maybe he will take it more seriously and stop. My Boss should never have been placed into a leadership role. PERIOD.

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      Beware of getting into a word-against-word battle with your boss, if you have no other evidence except his word. Plus, what he did is really not your business and does not impact you in any way. But the jokes are another matter. At the very least they show that your boss is unprofessional, but, unless the jokes or pranks are hurtful against you or negatively impact your performance, there is nothing you can really complain about and win. If the jokes are serious and hurtful, then yes, file action and get your co-workers to back you up. At the very least complain to his supervisor.

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      Timothy1969 5 years ago

      I have an incompetent boss who performs practical jokes on his employees on a regular basis, including myself. The last time he did this made me very angry because it effected my work. He has done this before but I couldn't prove it was him although the evidence points to him. Although, the last incident another coworker told me directly it was him and saw him do it. Should I lodge a formal complaint?

      At one point in time in the past, he told me he was fired from his last job because he was selling his companies services on his own accord to random people off of Craigslist and was banking the money. Should I make my current employer aware of this fact?

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      You have to be careful about depending on job descriptions to specify everything you are supposed to do. They are usually much too general in nature and are frequently out of date. But even if they are current, the key phrase most of them have is-"and other related duties". Instead of relying on the wording of your job description, you need to assess if the things you are asked to do are relevant to the job of sales associate. If all other sales associates are required to do these things, then they are normal requirements. If you are the only one required to do these things, then something is wrong.

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      rafael 5 years ago

      i work at a retail store as loss prevention specialist (security). but i work as a regular sales associate making me do a lot of things that's not part of my job description. when i finally told my boss i wasn't going to do it because it wasn't part of my job description. she wrote me up for insubordination and when i showed the boss the rule book. the boss took it out of my hand and threw it away.

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      Jimmy09 5 years ago

      Great advice

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      A small private employer can do almost anything they want in terms of letting people go for whatever reason. The big problem for the employee, if nothing is put in writing in your case, is when you go to claim unemployment benefits, if you are eligible for them. If you were fired, for whatever reason, you will not be able to collect. If you were laid off you could collect. For your protection it is best to get the employer to state in writing that you were laid off but would be rehired if the employer needed you or could afford you. If the employer refuses to give you that, then it is attempting to save money by preventing you from collecting unemployment benefits.

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      sbarragan11 5 years ago

      My boss said she no longer needed me but refused to give me letter saying she was laying me off. Is this legal? Worked for a private daycare center.

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      To all who have sent questions in the past several weeks and have not received a response, my apologies. For some reason, Hubpages has stopped alerting me about comments received on this hub. Maybe it is because I have received so many questions in the past year that they cannot handle them all. In the future I will have to check the hub daily for questions so I can respond quickly. In the mean time I will address unanswered questions in this comment:

      To: LJ

      I am sorry to hear that you were fired. It sounds like you should have been able to appeal to your second boss, since he gave you a different order than your immediate supervisor. That trapped you between the two bosses, which you should have avoided and was clearly the fault of your second boss. But you should have informed both bosses of the conflicting orders and have them work it out between them before doing anything. Even at the point be being notified of your firing by your immediate supervisor, you should have run to your second boss for appeal. Now, it is probably too late.

      To: Smalltownusa:

      The situation you describe that your husband is in happens in the corporate world and even in government. It sometimes happens that a supervisor, like your husband, has a subordinate who is the big boss's son or daughter, or, in this case, the big boss's mistress. It becomes a part of the office politics that every supervisor has to deal with.

      The mistress thing, however, is different than if the subordinate were a relative or a known close friend of the big boss. In those cases it would be known and understood why the subordinate would have special power in the office-known by your husband and known by his other employees. But an affair is kept secret supposedly. Your husband knows about it, but I doubt that his boss has come out and revealed it. Therefore, when the big boss asks for special favors for his mistress, your husband should ask him why. Why does she merit a promotion or freedom from some of the rules over the other employees your husband supervises? If the boss then reveals that this women is his mistress, then your husband should tell his boss that treating this woman any different than the other employees will cause an uproar in the office and make his job impossible.

      In any case, the mistress situation gives your husband a power over his boss that he could never have if the women were the big boss's relative or wife. Your husband knows about the affair and knows about the demands from his boss to treat this woman special. The affair is none of your husband's business, but being made to to give favors to the mistress is. If the big boss attempts to fire your husband, unless he is a virtual idiot, the big boss must know that your husband's contact with the boss's wife is just a phone call away.

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      Smalltownusa 5 years ago

      I am looking for advice for my husband on what steps he should follow. He is a manager of a small town dealership in WI. His boss (the owner) is having an affair with one of my husbands subordinates. While I understand there is nothing illegal that they are doing, is there any action my husband should take. She has been promoted since their affair started by request of the owner. They both manipulate him with lies to cover their hours, and he recently discovered it was so they could be together. (The owners wife wouldn't suspect anything if it is during usual hours) He feels he can't properly manage his subordinate now that he is aware of their affair, and he feels he can't go to his boss with his dilemma for fear of losing his job if they know he knows of there affair. Is there any info he should log or notorize before going to his boss with his issues, in case he does get fired, or is their even any grevience that could be persuable if he were to be fired. He feels that it is now a hostile environment for him to be working in, however, there are no other locations nearby if he were to try to find another job (the only other one, he left 5 years ago for the same reason he is encountering now) Your help and advice are appreciated, thanks!

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      LJ 5 years ago

      Was just fired. Supervisor told me to do x, but his boss said y. I felt more comfortable with y, and told sup. as much. He escalated and began shouting and cursing at me, ultimately firing me.

      I had no negative performance evaluations, and was recently complimented by same supervisor that fired me so I had no reason to think he was not pleased with my work. Have receive numerous compliments and have been received into the office warmly by all except for this supervisor. I was given no warning for termination whatsoever. Supervisor overreacted and often behaves in this tyrannical manner

      Possible resolution in works with boss, but it is slow in coming.

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      LJ 5 years ago

      Was just fired. Supervisor told me to do x, but his boss said y. I felt more comfortable with y, and told sup. as much. He escalated and began shouting and cursing at me, ultimately firing me.

      Possible resolution in works with boss, but it is slow in coming.

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      Whether you have a union or not, if you work for a state or local government you have quite enough protections for the employee against unfair treatment from supervisors. First of all, the boss's threat to suspend you without pay or to fire you for performance reasons to blowing smoke-and you know where he is try to aim the smoke. Applying any discipline to an employee for performance reasons is very difficult in any public service organization for any boss.

      Read my other hubs on filing a grievance against a bad boss and on performance appraisal. Also, read the one on The Safest Way to Fire an Employee. that was written for supervisors AND for employees. The point is that is very difficult to apply discipline to employees in state, local and federal government for performance reasons.

      The full answer to your question is very involved and can on for pages. Some of it I have already addressed in some of my other hubs. But the first thing you should do is to get your supervisor to define in writing the standards of performance or the expected results of his assignments to you. Those standards have to be absolutely the same for you and everyone else who performs the same tasks or has the same job. If they are higher for you than anyone else, then that is blatant discrimination-whether you are black or white, man or woman.

      Write me more later

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      Frank 5 years ago

      I work for state government. In the South. No union. My boss has it in for me. He has threatened to send me home for a month without pay. Threatened to fire me. And now has given a poor performance review. He is keeping records, and so am I. 2 of 10 items on the review were unsatisfactory, although the overall review was satisfactory. Typically I will be given a task to do. I take notes, then read back the notes."So you want" and repeat. When the task is complete he always finds fault. You should have (some aspect that was not discussed in the directive). "How would I know to do that", I ask. "You should have known" is the reply. The method overrules achievment of the goal everytime. He expects more from me then the other people in my position. I am afraid to talk to HR because they will likley take my bosses side. I do not want to find another job. It is late in my carreer, and would be difficult. My boss has zero people skills. What can I do?

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      Andi 5 years ago

      I am an elementary teacher. I have worked at the same school for eleven years. Last year we had a new principal. To make a long story short two weeks before the end of the school year the principal called me to his office to have a conference for the record, in order to discuss his concerns about me needing a medical evalution for my fitness for duty. A few days before this meeting in our end-of-year-evaluation he had told me he would be moving me up to teach from first grade to fourth grade. When I communicated him the reasons as to why I would like to stay in teaching first grade for the upcoming year he told me that I was a strong teacher, he made reference to my education and credential as well as my experience. After my refusal to obtain a medical evaluation he assigned me to home-duty for the end of the school year. When returned back in August after a week of preparation. On the first day of school he calls me to his office and tells me I have not been cleared and I have to go home. I was then directed to have a conference with the district health medical services. During this meeting/investigation, after myself,proving that my principal's statements were untrue and under board policy there was no need for a medical evaluation from my person I was still referred under disciplinary/termination of my job. I do not have money to hire an attorney and I am in the process of filing a formal grievance. Any comments are welcome.

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      CJ Roberts 5 years ago

      I was written up twice for skipping a step in "Company Procedures" that other employees have skipped, for which I am almost sure they haven't been written up. Yesterday my employer gave me a "Final Written Warning" (the next step is termination) for attendance, when I have never had a problem with attendance at ALL, prior to yesterday. Are employers allowed to give a "Final Written Warning" for a totally unrelated type of offense (Attendance) just because I have received two warnings before in, "Procedures"?

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      Chantilee 5 years ago

      Hi,

      My mom was recently hired as HR coordinator for a company she worked as a guard for 14+ years. She had no college education or experience yet they hired her anyway. She had only been working for a little under 2 months before she had an emotional breakdown due to the treatment she was receiving by the very same people who requested her for the job. I took her previous position as lead guard so we work the same hours and her office is right down the hall from mine. I heard her crying after a performance evaluation she had received a low review on and she stated " the best thing for YOU would be for me to just leave." She never said or wrote the words " I quit" yet she received a letter saying they accepted her resignation and her last day would be in a week. My mom has always been very upbeat and happy and when she told me last night that she wanted to just kill herself over all of this, it worried me. The very same people who were seemingly her friends and wanted her for the job immediately started to treat her badly. Mind you she was never actually even "trained" for the job, only told to figure it out. It almost seems as if she was set up just to fail. By accepting the job, she gave up seniority as supervisor over the guards and lost a lot of built up vacation time and pay. She is the first and only black employee to work on the admin in the company's 40 years. My question is why would these people hire her given no education or experience in the field, refuse to train her, give her an emotional breakdown by being out right mean to her and telling her how awful she was doing though they never showed her anything, and then take the statement " the best thing for you would be for me to just leave" a resignation even though she was hyperventilating and in tears? They have ruined my mothers entire life in a matter of 6 weeks. She came to work everyday on time and did whatever she was assigned to the best of her ability to "figure it out" given the fact she was never told what to do or how. Also, they are not union and this is a multi million dollar a year cooperation.

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      hugheshhrs 5 years ago from originally the USA, now Malaysia

      Mat:

      The eating business aside, what justification does the supervisor give for the so-called insubordination? What does he say you said or did that was insubordinate?

      Unless he has something in writing from you that can be taken to be insubordinate, an accusation of insubordination is essentially word against word, if you contest the suspension. After all, you lost pay because of the action. You should first go to HR and check out the policies about suspensions without pay.