Legal Advice About Job

Discussion in 'Fibromyalgia Main Forum' started by rachelfox, Jan 21, 2007.

  1. rachelfox

    rachelfox New Member

    I am working in an office where the tension is so bad that I have been walking on pins and needles. I have been there for 7 months and it just gets worse. My supervisor praised me for the first 3 months and now all she does is put me down. She has called me stupid, a liar, and an idiot! A week ago she told me I was not doing my job and that I could stay there and try to prove myself to her, risk being fired, and have bad things written in my file, or I could resign!! I was beside myself. I am doing my job and beyond. I am 44 and have never in my life been told I could not do my job! I can not talk to the doctors in the office about the problem because she rules the roost! I am under so much stress that I feel like I could crack! I have to go to work and I am under so much pressure that I am walking on the blade of a knife instead of pins and needles! I am hoping to meet with a lawyer this week to see what my rights are and what to say and/or do! I am an emotional wreck. I have anxiety attacks and when she asks me to come to the office I get all nervous. I never know what she is going to say. This is the 4th time in my life where I have had to deal with someone that is abusive at work. This time I am going to fight! I am tired of being treated like I am nothing and taken advantage of. This lady had someone call me at my other job and ask me if I wanted to come and work for her! Now look at what she is doing!!! Anyone have any legal advice????

    Rachelfox
  2. California31

    California31 New Member

    Basically the workplace is rift with mad bullies...so I'm glad you are taking steps to stand up for yourself....assertiveness training helped me....I know you are probably zonked....and too off balance to try to document....but I think that's what the attorney will tell you...keep your cool....and document. It is rare that there is legal recourse....but with some form of documentation....and refusing to have a conversation with this boss without a witness....you may be able to get the insanity to stop...aggression rarely stops unless confronted by a power move......maybe a letter ultimately from the attorney....following whatever documentation you come up with. Good luck.
  3. rachelfox

    rachelfox New Member

    Thank you for your reply! I appreciate the advice. I have read the unemployment laws also and they say you can draw unemployment if someone threatens your job,which she has done. She has also used defimation of character! I have been trying to document everything! It is hard for me because I start having anxiety attacks and the stress is really getting to me. I am already taking medications and I have taken over 8 years of counseling to better myself. It is bad when you have self confidence and all of the sudden you start questioning everything you do! I am trying to keep myself together and not have a nervous break down! Thank you for listening!!
    Rachelfox
  4. PVLady

    PVLady New Member

    Well, if it were me, I would be looking for another job. It is much easier to get another job if you are still working...

    This sounds like a battle you won't win, unless you are ready to see attorneys, and still perhaps not win.

    Employers can hire and fire "at will" - they don't even need a reason to let you go. What is illegal is discrimination, harassment, etc.

    Proving those things are hard sometimes - Why don't you relax and think "what is the worst thing that can happen?"

    That would be to get fired. If that happens you should be able to get unemployment. If they try to fight your unemployment, believe me, appeal it, and you will probably get it.

    Then you might see a doctor and see if you can get on temporary disability for your severe anxiety. I believe you can have temporary disability for several months.

    This lady is such a bully, and cruel to boot. I know you want to fight. A very bad thing happened to my brother last year and he was fired for no reason.

    We called so many attorneys and no one wanted to help. As it turned out, he did get his unemployment, then disability.

    Looking back, he needed to ditch the job, it was killing him.

    Again, one easy solution might be to find another job. You might find a great job and be happy again.

    If you do leave, make sure to let the bosses know why.
  5. painintheeverywhere

    painintheeverywhere New Member

    If you are under this kind of pressure and abuse get a new job. It is not worth it in the long run to stay where you are not wanted. I would absolutely let the other Doctors know of your experience with her and ask if they would be willing to offer you a severence package to hold you over until you can get another job.

    I agree that it will be harder to prove than is worth the energy and stress. We have to minimize stress - it hurts us in so many ways. Just going to a job you feel good about in the near future and leaving this all behind should be gratifying enough. Let someone else teach the (rhymes with Witch) a lesson! Eventually Carma takes care of everything.

    We can only control our own actions and environment. We have choices to allow someone to influence our space or not and to what degree. Choose the positive influences and surround yourself with truly good people. It's the best advice that I can give.

    Good Luck!
  6. ETN

    ETN New Member

    Hang in there...see your lawyer like everyone else said...

    The same thing happened to me...well not exactly but pretty much similiar....I was a reck.
    I worked my butt off for this company and did so much for them and all they did was threaten me, put me down..etc etc..and I know why because I figured out how they were running their business..and it wasn't legally...so I ended up finally quiting after many nights going home crying...

    I ended up filing for unemployment and fought them..and won..it was the one of the most fufulling moments in my life when you beat someone like that...

    good luck hang in there and oh ya...document document....just a few sentences here and there

    Keep us posted!
  7. California31

    California31 New Member

    It is easier to get another job when you still have one...that's for sure.....Proving abuse is very rigorous process....and usually not worth the stress....Don't know about you....but in my life....putting up with intolerable situations was an pattern for years....(long suffering...modalilty)...and I didn't even know they were intolerable....until I eventually crashed. pv's suggestions seemed very good to me...I've also done meditation....and various "spritual" practices over the years to move past JUNK.....It just occurred to me that your fight, might not be on the job.....but to fight for your own sense of self worth in a different manner....and to dig deeper to get underneath current events to determine where initial abuse most likely began....and see perhaps how it may be repeating in the workplace...
    On the practical side...it may be important to get to a practioner who can validate stress and support you in short term disability ...so that you can restabalize....I didn't note that your state was indicated....labor laws in each state vary so much...if the state has its own disability plan (few do)....that would be a an option rather than short term disability (which be your employer's plan)....I think establishing a "case" for unemployment benefits most likely would be a longshot...again...it's proving the abuse...
    As pvlady pointed out....unless you have a contract...you are an "at will" employee....and you can be terminated for no reason....period...
    I hope this will be truly an opportunity for you to gain whatever skills....qualities....you need to feel better about yourself...and find the "right" spot to thrive in.
    Best to ya.....
  8. California31

    California31 New Member

    It is easier to get another job when you still have one...that's for sure.....Proving abuse is very rigorous process....and usually not worth the stress....Don't know about you....but in my life....putting up with intolerable situations was an pattern for years....(long suffering...modalilty)...and I didn't even know they were intolerable....until I eventually crashed. pv's suggestions seemed very good to me...I've also done meditation....and various "spritual" practices over the years to move past JUNK.....It just occurred to me that your fight, might not be on the job.....but to fight for your own sense of self worth in a different manner....and to dig deeper to get underneath current events to determine where initial abuse most likely began....and see perhaps how it may be repeating in the workplace...
    On the practical side...it may be important to get to a practioner who can validate stress and support you in short term disability ...so that you can restabalize....I didn't note that your state was indicated....labor laws in each state vary so much...if the state has its own disability plan (few do)....that would be a an option rather than short term disability (which be your employer's plan)....I think establishing a "case" for unemployment benefits most likely would be a longshot...again...it's proving the abuse...
    As pvlady pointed out....unless you have a contract...you are an "at will" employee....and you can be terminated for no reason....period...
    I hope this will be truly an opportunity for you to gain whatever skills....qualities....you need to feel better about yourself...and find the "right" spot to thrive in.
    Best to ya.....
  9. rockgor

    rockgor Well-Known Member

    If you are thinking of legal action, are you keeping records? If not, you should start. Keep a notebook. Record all these unpleasant conversations.

    Where, when, and who was there. Keep copies of any documents involved.

    I notice a lot of drs. have a female dragon to do the unpleasant work for them. That way they (the drs.) can tell them selves they are the nice people.

    If you are concerned about your rights at work, you should talk to an atty that handles labor law. If you feel your illness was aggravated by your job, you should talk to a workers' comp. atty.

    Good luck.
  10. rachelfox

    rachelfox New Member

    Thank you for everyone's advise, I really do appreciate it.
    I have decided to continue keeping notes and keeping my head up. I go to work and do the best I can, and that is all I can do! I give over 100 percent 99% of the time. I don't have to prove myself to anyone except me and God! I like who I am and God made me who I am and I don't want to ever change that. To err is human, to make judgement and put someone down has to answer to their own err! I do have a back up plan I am working on. I am in the process of renewing my cosmetology license and give that a try. I would rather be on my feet most of the day than to deal with people that can not see the forest for the trees! When the time comes for me to leave my job, I will leave quietly and let someone else worry about the negative crap!
    I am also in the process of finding an online college to get certified in counseling! Thank you everyone!
    2 questions we have to ask ourselves......
    Is this who I am? and What would love do?
    LOL Rachelfox
  11. wrthster

    wrthster New Member

    Hi,

    First, try to get a paper trail, meaning emails. If she says something verbal to you, email her later and tell her you need clarifcation. Try to outsmart her. Try to trap her. Once you get reply emails forward them to your personal email account. That way they are saved.

    Look at the employment handbook and protocols. If you have one in the office, take it home with you. Read it, it should give company policy guidelines such as written and verbal warnings.

    If you resign, there is little legal recoarse. If you are fired however, and you can prove wrongful termination (you can google that), you might be able to find a lawyer to take it on contingency. But in the end, you have to ask yourself, is all the stress worth damaging your health? That is something you cannot put a price tag on. Best of luck to you.