no more rides

[confuscious]

What is the name of your state (only U.S. law)? iowa
i have been giving my supervisor a ride backand forth to work for over two years now. recently the truck started to experience clutch problems so i dedcided to sell it. now that i have sold the truck and can't give my supervisor a ride he has removed me from my section and when i ask why he throws his hands in the air and screams i'm training. I am supposed to be his second man and the CEO says he's the boss he can make you work anywhere. can this be constructive termination since the only reason i was demoted was because i can't give him a ride. he walks around the shop making comments like whatever doesn't kill us makes us stronger. it is directed at me referring to him and his son having to take the bus because he is on a fifteen year suspension and he acts this way in front of the other employees in the shop. the other day he accused of throwing something that i didn't and it led loud argument where he ended up threatening to beat me up after work.

 

[cbg]

No, this is not a constructive termination.

 

[confuscious]

if not illegal to demote me what about ui if i resign for hostile work environment. I have been employed for three years 12 people in this company i am not going to be demoted because i can't give my boss a ride.

 

[ecmst12]

It is not an illegal hostile work environment nor an illegal demotion.

 

[confuscious]

whether illegal or not anytime someone threatens you with physical violence it is a hostile situation and though i may not have a legal standpoint to do anything about it i asked if i would be elegible for unemployment.

 

[ecmst12]

If you are physically threatened, you should call the police. This is not likely to be considered an acceptable reason to quit and receive unemployment benefits.

 

[pattytx]

If you quit under these circumstances, you will almost certainly be disqualified from UI benefits.

BTW, if you post again, please use proper capitalization and sentence structure; without them, your post was very hard to read and comprehend. We're not texting here.

 

[confuscious]

I thank you for your comments. I guess I am just having a moral issue. I feel like I am wrong for thinking that retaliation is not a legal standpoint for being demoted. I don't understand how retaliation does not make for a hostile environment. Again thank you for your time.

 

[pattytx]

Thank you. Much easier to read.

Google "Hostile Working Environment". Merely "unfair" treatment is not necessarily illegal.

 

[eerelations]

Illegal retaliation is when your employer retaliates against you for advising the authorities that your employer is breaking the law. The kind of retaliation you're describing is not illegal retaliation.

An illegal hostile work environment (HWE) is where your employer is constantly mistreating you as a direct result of things like your age (only if you're over 40), race, disability, gender or religion. Your work environment is not an illegal HWE as defined by the law. And because it's not an illegal HWE, you probably won't be eligible for unemployment insurance benefits if you quit.

So yes, while you do have some pretty serious-sounding issues at work, they're not illegal issues, and you therefore don't have legal recourse to resolve them.

 

[confuscious]

Thank you for all of your advice. Got to goto work now. Have a good day.

 

[confuscious]

You have all done a great job of answering my questions, just one more.
Does my supervisor have the right to fire me for not training a new person to do MY job? And if so what about unemployment then?

 

[ecmst12]

Yes, he can fire you. MAYBE you would get unemployment - blatent insubordination can definitely be disqualifying.

 

[commentator]

Hang in there until he loses it and fires you. Do not refuse any direct instructions from your boss. Quietly, do the job as best you can in spite of his misbehaving. Ignore him as much as possible.

If he yells at you, tell him quietly that he doesn't have to speak to you that way. If he throws something at you or hits you, call the police and press charges against him for assault. But do not quit the job. If you quit, you have a much smaller chance of drawing unemployment.

When he fires you, then you can file for unemployment and have a pretty good chance to draw it. The employer would have to prove he had a good job related misconduct reason to terminate you in order to keep you from getting your benefits. Make sure he does not have this, nothing like insubordination, tardiness, absenteeism, major misconduct like stealing or assault.

He is obviously trying to make you quit. Don't give him the satisfaction.