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Hostile Work Environment/Retaliation??

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DianeMac

Guest
I live and work in the state of Texas and would like to obtain some advice on a situation that has been left unresolved by my employer since February, 2000.

I contacted the HR department after having learned from my manager that not only had my year end bonus been reduced by approximately 6K, but senior management was questioning the number of billable hours I had recorded in our internal accounting system. As a consultant I receive a bonus twice a year, which is based on a percentage of revenue generated on billable hours/days, management objectives and customer satisfaction. The reduction of my bonus was due to a reduction of my daily billing rate for 10 days of consulting services and for consulting days for which I was not given credit. I am a professional and not required to "punch" a time clock, but I am responsible for recording the hours/days that I work on a project in our accounting system, which generates the customer invoices.

The 2nd week of February with the assistance of the HR Manager I made a formal request to transfer (2nd request - 1st request was made 5/99 and was denied)into another sector within the organization that is more in line with my expertise, which was denied by the Regional Vice President. In discussions with the HR Manager and the Regional Director regarding the bonus compensation issue and issues relating to my manager I was assured that this would be corrected and they would do whatever it took to get me to stay and not tranfer, including correcting my bonus. However, in a subsequent meeting at the request of the Regional Vice President the tone was altogether different. There were unsubstanciated accusations regarding my performance and no mention of resolving the bonus compensation issue. I can honestly say that never in all the years (nearly twenty) of my professional career was I made to feel so insignificant and treated with such total disregard for my feelings as I experienced at the hands of an officer of our company. Perhaps, I could understand my being treated in this manner if I had actually done something "wrong", a customer complaint, for example. Unfortunately, I chose to seek guidance from the HR Manager for a transfer request in an effort remove myself from a very frustrating situation and to further my career within the organization.

The resolution regarding the issues I had with my manager was to change my reporting manager, which occurred on 3/16. My new manager transferred to another sector on 4/30 and I have not been under anyone's direct supervision since then.

I have been working as the project manager on a "problem" customer (one that was on the verge of filling a lawsuit against our company for breach of contract)since September 1999. I've single handedly turned this customer around and have received no support from our management on this account since November, 1999. Although I was no longer reporting to my former manager, she was still responsible for this account.

I was told on 6/23 in a meeting with the Regional Director and my former manager that she, my former manager, would be reinserting herself on this account. While I on was on vacation last week she made a customer site visit and proceeded to replace me with a 3rd party (external)consulting resource as the project manager 2 months before go-live, whereby causing a negative affect on my income due to the loss of billable days for two months. I was informed of this change via telephone upon my return from vacation. The reasons given were quite vague and I have requested a written explanation that I have yet to receive. I have since learned from colleagues and the customer that they, the customer and project team, did not agree with the decision to replace me with another resource.

I have attempted to contact HR a number of times and have received no reply. I did, however, receive a very strong reply from the Regional Vice President in response to my 1 request for a written explanation ordering me to stop the inquiries.

When I made the initial contact with the HR Manager in February I communicated to her my concerns regarding possible repercussion for seeking her assistance and was assured that this would not be the case. The following outlines the repercussions I've had to endure since making contact:

I have not received an adjustment for the additional bonus compensation due.

My former manager has tried to find issue with both my past and current performance, including lying about requests she has made of me for information in an attempt to try and prove that I'm non-responsive. I have never refused to provide her with any information and, in fact, have pulled all nighters in order to meet her needs.

I've had to endure very disruptive and unpleasent meetings and conference calls due to communication issues my former manager's perceives there to be between us.

I've had to maintain an immense amount of backup(CYA)files in order to protect myself, not only from my former manager, but the Regional Vice President as well.

We are in the process of calculating the mid-year bonus and I've been told by our administrator that my former manager is again trying to have my hours reduced.

I know my issues are complicated, but in a nutshell they pertain to the bonus adjustment, loss of income due to being replaced, and finally harrassment. Any advise you can provide is very much appreciated.

Warm regards,
Diane

[This message has been edited by DianeMac (edited July 11, 2000).]

[This message has been edited by DianeMac (edited July 11, 2000).]
 


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Attorney_Replogle

Guest
In my opinion, from what you have provided us, I don't see any legal cause of action for "harassment". Nor do I see any legal recourse for any loss of income that you could of/should of/ made as a result of your being replaced with that one customer.

Whether you have a justifiable cause for lost wages as a result of the bonus hours adjustment is more problematic. If you have the documentation to prove your hours, and they were reasonable, that will help. Plus, if the employer had previously accepted the same or similar billing amounts for the same or similar services rendered by you, then that could raise a presumption for you that your time was accepted.

The employer will have to counter that the hours worked were unreasonable and thus their reduction was a business necessity within their management's discretion to make. Plus, if they by contract had that right, then you are basically at an impasse.

So, if the hours and money are sizeable, you may want to hire your own employment law attorney to assist you in getting that money to you ASAP. Plus, he or she may give you a different legal opinion about your case than I have. You should be able to find one near you at attorneypages.com.

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Mark B. Replogle
 

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