• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Harassment?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

runtorun

Junior Member
What is the name of your state (only U.S. law)? Florida

Hi all. Trying to figure out next steps and see if I have a claim to move forward with in the event of termination. I am management in a very large insurance company. I have one direct report. There are 5 of us in total that report to my supervisor (I am mal, she is female), we all have a different duties and levels. One of the reports (also female) is treated way better than the rest of us. She works from home whenever she wants, comes in around 10am, and I even had vacation taken from me so that she could take hers when she wanted to. They are friends, and in fact when I first started at the company my boss fired another male employee and gave the job to her friend.

We have recently had a change in department heads, The previous Head retired last year and another of my bosses counter parts was giving the "acting" director title until they hired the new director. My boss became very difficult to deal with during that time, and I mentioned to the acting dept head that the favoritism was out of control, a few weeks later is when my vacation was revoked. A new director was hired and she completed one on one interviews with the entire department, again I mentioned the favoritism issue, and a month or so later my boss writes me up. I have been with the company for 6 years, all with glowing reviews. The write up was vague and never stated poor work, just that I wasn't using my time wisely. I was given 30 days to correct the problem, though no guidelines on what needs to be corrected or what happens after the 30 days.

I contacted the retired director who said it looks like my boss is off the deep end and she is trying to get rid of me, he has agreed to write me a glowing letter of recommendation, however there are very few of my positions and I would have to move to get a comparable job. I really would like to stay and am unsure as to what move I should make, she refuses to tell me exactly what she is looking for and says I should know what to do at my level, then I do the work and she rejects it. Do you think I have a case for wrongful termination if I am fired?
 


Zigner

Senior Member, Non-Attorney
The boss showing favoritism for her friend because they are friends is not illegal.

You haven't given anything here that seems to rise to the level of illegal discrimination. In fact, a personality conflict with the boss is a perfectly valid reason for you to be terminated.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? Florida

Hi all. Trying to figure out next steps and see if I have a claim to move forward with in the event of termination. I am management in a very large insurance company. I have one direct report. There are 5 of us in total that report to my supervisor (I am mal, she is female), we all have a different duties and levels. One of the reports (also female) is treated way better than the rest of us. She works from home whenever she wants, comes in around 10am, and I even had vacation taken from me so that she could take hers when she wanted to. They are friends, and in fact when I first started at the company my boss fired another male employee and gave the job to her friend.

We have recently had a change in department heads, The previous Head retired last year and another of my bosses counter parts was giving the "acting" director title until they hired the new director. My boss became very difficult to deal with during that time, and I mentioned to the acting dept head that the favoritism was out of control, a few weeks later is when my vacation was revoked. A new director was hired and she completed one on one interviews with the entire department, again I mentioned the favoritism issue, and a month or so later my boss writes me up. I have been with the company for 6 years, all with glowing reviews. The write up was vague and never stated poor work, just that I wasn't using my time wisely. I was given 30 days to correct the problem, though no guidelines on what needs to be corrected or what happens after the 30 days.

I contacted the retired director who said it looks like my boss is off the deep end and she is trying to get rid of me, he has agreed to write me a glowing letter of recommendation, however there are very few of my positions and I would have to move to get a comparable job. I really would like to stay and am unsure as to what move I should make, she refuses to tell me exactly what she is looking for and says I should know what to do at my level, then I do the work and she rejects it. Do you think I have a case for wrongful termination if I am fired?
No you do not. I suggest you stop undermining your boss.
 
W

Willlyjo

Guest
What is the name of your state (only U.S. law)? Florida

Hi all. Trying to figure out next steps and see if I have a claim to move forward with in the event of termination. I am management in a very large insurance company. I have one direct report. There are 5 of us in total that report to my supervisor (I am mal, she is female), we all have a different duties and levels. One of the reports (also female) is treated way better than the rest of us. She works from home whenever she wants, comes in around 10am, and I even had vacation taken from me so that she could take hers when she wanted to. They are friends, and in fact when I first started at the company my boss fired another male employee and gave the job to her friend.

We have recently had a change in department heads, The previous Head retired last year and another of my bosses counter parts was giving the "acting" director title until they hired the new director. My boss became very difficult to deal with during that time, and I mentioned to the acting dept head that the favoritism was out of control, a few weeks later is when my vacation was revoked. A new director was hired and she completed one on one interviews with the entire department, again I mentioned the favoritism issue, and a month or so later my boss writes me up. I have been with the company for 6 years, all with glowing reviews. The write up was vague and never stated poor work, just that I wasn't using my time wisely. I was given 30 days to correct the problem, though no guidelines on what needs to be corrected or what happens after the 30 days.

I contacted the retired director who said it looks like my boss is off the deep end and she is trying to get rid of me, he has agreed to write me a glowing letter of recommendation, however there are very few of my positions and I would have to move to get a comparable job. I really would like to stay and am unsure as to what move I should make, she refuses to tell me exactly what she is looking for and says I should know what to do at my level, then I do the work and she rejects it. Do you think I have a case for wrongful termination if I am fired?
It depends on how you are fired. Based on your post, there is nothing that would indicate a Wrongful Termination if they decide to let you go. If I were you, I'd keep a low profile and not complain about favoritism or anything. Perhaps things will boil over and your bosses will stop picking on you after a bit of time has passed.
 
That would not be illegal but if you are over 40 then you could possibly have options or if they are friends with benefits then you could have more options. I have had this happen to me one time from a boss who I thought was sleeping with the help but how do you prove that? and I hate to say it but women these days use all their assets to the best of their abilities whether it helps them with women or men. It would be up to them to complain; however, and if they have the job or get the job to replace you then I doubt very seriously they are going to complain.

More deterioration of the moral compass and fibers of fairness in the workplace these days. It is a bad situation so I would cover your own work and get recommendations and like has been said find another job.
 

runtorun

Junior Member
There is absolutely no undermining going on. As I stated before, she has a track record and done this before.
 

Shadowbunny

Queen of the Not-Rights
What is the name of your state (only U.S. law)? Florida

A new director was hired and she completed one on one interviews with the entire department, again I mentioned the favoritism issue, and a month or so later my boss writes me up. I have been with the company for 6 years, all with glowing reviews.
So the new boss shows up and you decide that it's a good idea to start whining about favoritism? I'd assume you were a problem-child, too.
 

commentator

Senior Member
There is nothing here that indicates the slightest potential for you to have a wrongful termination suit. The best thing to do is go about your business quietly and professionally, stop concentrating on and worrying about the favoritism being shown to other employees or the unfairness of the whole situation, or even how much you miss your old supervisor. You have worked there for quite a while, as you say, with good appraisals and references. While you'd prefer that this situation would have continued the way it was, and that you would not have to look for another job, but then, none of us has that guarantee, do we? I would suggest that you try to keep at your job and keep doing your best and maintaining a very professional demeanor while you are quietly looking elsewhere for another position. If the campaign against you continues or escalates, though you have stopped contending with them, then perhaps you can quietly negotiate with the higher ups for a severance package and a lay off. "Left to pursue other career options" is a nice way to put it.

If your manager flat out terminates you, you still do not have a wrongful termination suit, particularly in good old employer friendly Florida. You are in an "at-will" state, and there seems to be no indication there is any EEOC related bias going on here, except that MAYBE your supervisor is having trouble with you because you are male. And if she's working okay with other males, that shoots this one in the head. Same deal with age. If it's just something about you specifically that chaps her, that's just not illegal. You will have to make the best of the situation. Your only recourse if terminated (or laid off with a severance package) is to file for unemployment benefits and move on. It's very good that you have a reference all ready in your court for when you are job seeking elsewhere.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top