Harassed since standing up for an agreement for benefits which was later denied then allowed.

My family and I were moved from near Richmond VA. back to Ohio (by the employer and housed as agreed) from which origionally came. This company had promised health benefits through the previous HR Manager. The New HR manager had started the day I arrived at the plant. Since I had been laid off and was working as a contractor and had not needed the COBRA program I did not pay for it. The time that elapsed while I was uninsured was 92or93 days. The HR manager said she could not help me. I sent an E-mail to corporate which upset the plant manager, HR Manager and My Manager. I received a written letter stating that I did not act properly. Since this time, I have been written up 2 more times, but I never really receive a reason, but the the insurance statement always comes up. Recently, I was wrote up again, after our French Canadian,(non-US citizen)plant manager stopped at my office and made many accusations which were false. I did not argue with him but went to my Manager and complained. In two weeks I received another letter stating that I have 60 days to correct my behavior. (My Manager had just gave me a superior rating during my review which was verbal and did not give me anything in writing)The letter pretty much stated that I do nothing for the plant. They also stated that "People in the plant felt that I was not technically capable to perform my job" When I asked who, they have and always state "We can't tell you that" I taped this conversation with their knowledge.

1 answer  |  asked Aug 12, 2001 1:47 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
You should protect yourself against retaliation

You describe a classic retaliation scenario. You should consult with an attorney now, however, to protect yourself.

Generally speaking, once you engage in protected conduct, your employer cannot get mad and get even. However, the courts have put a number of limits on retaliation claims. For example, you need to be fired, demoted, denied a promotion or otherwise affected "tangibly" before you can go to court. A harsh review or unfair discipline is not enough of a tangible, adverse action to support a retaliation claim. However, the unwarranted discipline and harsh reviews may be evidence to support a claim that a later dismissal was retaliatory.

In addition, you need to never give the employer an excuse to terminate you. Communicate clearly with your employer and always do what you are told. Otherwise, even if there is a long history of retaliatory conduct, once you give your employer a legitimate reason for termination, you probably cannot prevail on a claim.

Again, it really helps at this point to consult with an attorney near you.

I hope this helps.


posted by Neil Klingshirn  |  Aug 13, 2001 09:12 AM [EST]

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