Should I talk to a lawyer?

[majicbuss]

Michigan
I use to work for a Native American business; I resigned my position in 99. I requested unemployment compensation and was deigned. With my issues involving only one director, I started applying for positions in other departments. Every position I applied for I am qualified for. In 2001 a new chief was elected I went to him and complained that I don't think that H.R. was giving me a fair chance at jobs. The following week I was offered a job. (Which I took) Ok here comes my problem. My 90-day probation was extended for fraternization with management (the C.E.O. came up to me on the work floor and welcomed me back) and that I failed to complete a training manual. Two other people were hired for the same position and were not required to complete the manual nor did they know of such manual. With this going on I thought I better check my personnel file. In my file I found an evaluation that was very negative, it was never signed by anyone. It was dated before I resigned A month after I resigned I had requested my file. This document was not in my file at that time. Also was found were two correspondences with the state of Michigan using direct statements from this evaluation to block my unemployment befits. Well what do you think?

 

[Beth3]

Unless you've left out some very pertinent information, it appears all this employer may be guilty of is poor management, which is not illegal.

If you think there is some discriminatory reason behind their actions (your age, race, religion, national origin, disabilty, gender, etc.), then you need to post back and explain.

If you are suggesting some fraud took place in your UC claim, you'll have to explain why you resigned in '99. In the great majority of situations, voluntarily resigning your employment bars benefits so whatever your employer said about your performance was probably irrelevant. In any event, your employer may put performance documentation in your file whether you have seen it or not, whether you agree with it or not, and whether it's accurate or not.

P.S. Outside of the military which prohibits fraternization between officers and enlisted personnel, I have never remotely heard of any employer disciplining an employee for "fraternization with management." That's just bizarre. Legal, but bizare.

 

[cbg]

Just to point out one other thing: You mentioned that this company was Native American. Was it located on a reservation, or just owned by Native Americans? It can make a difference which laws apply.

 

[majicbuss]

other info

Michigan
The issues that pushed me to resign. I was a refrigeration technician for the facilities department. It started when I went to an interview, Held by the V.P. of Facilities. During this interview he told me not to worry if I don't get this position. That more positions of this level will be opening up. That the Native American Managers were on the way out. Then he realized that I live on the reservation and asked if I was related to any of these people. Which I informed him that I was. He then initiated direct attacks by filing H.R. issues in which every issue was resolved in my behalf. I just got tired of the meetings and defending myself. So I resigned, I believe he planted this evaluation, which was favorable in my job performance it was negative about my charter and my ability to work with others. Which some how I was chosen as the employee of the month and known for my customer service. It gets very in depth, it seems odd that every time I was sent to H.R. it was at the direction of the V.P. of Facilities and not my Supervisor or Manager. One of the managers was told to write me up and refused. He got a suspension. This guy no longer works there; he was dismissed for various reasons.

 

[majicbuss]

Native American owned on Trust Land (sovereign nation)
Casino

 

[Beth3]

That being the case, then there are tribal law issues that may well come into play. That is a highly, highly specialized area of the law and one in which I am not qualfied to assist you with.

You very probably need to speak to an attorney specializing in tribal law to determine if any laws have been violated.

 

[cbg]

I was afraid of that. If it's on reservation or trust land (sovereign nation) a lot of laws that would normally apply, don't. You will have to speak with an attorney with tribal law experience.