wrongful termination, harassment, retaliation, and hostile work environment??

[sofedup27]

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

1 month ago my manager was fired for telling me and my co-workers that our department was being split in two and she would not longer be our boss before the CEO could. A few days later i came across a comment my new manager had left on another managers facebook wall that was posted the day my manager was fired saying something like 'the witch is dead' and other comments like 'now to get rid of the flying monkeys'. Knowing this was posted the day my manager was fired I and other employees in my department took it as a threat against our jobs. I immediately took it to HR and stated I felt harassed by the comments and believe my new manager was planing a covert act to terminate each one in our department. HR claims to have done an investigation and said it was not posted on work time and that it was not regarding me or my team. HR and the CEO also educated me in the history of the flying monkeys and said they turn out to be good at the end and help dorothy and it is the hats that made them evil. Maybe I didn't hear the memo that "get rid of" is a good phrase. I personally felt like HR let me down and was biased because of the relationship they share and was deeply offended that HR and the CEO stood up for my new manager.

2 weeks later HR and my new manager wrote me up for "not completing tasks", calling in sick 4 times over the last two months, failure to communicate to my manager, etc. It was a ridiculous write up. I wrote up a rebuttal and attached emails proving that I did my job and communicated to my manager. The entire rebuttal and proof emails was 22 pages long. I also stated that I felt my write up was a form of retaliation from my manager for bringing the slanderous facebook comments to HR's attention and noted that I have felt harassed, belittled, attacked, and disrespected by my new manager and it made for a hostile work environment. By this time 2 people in my department went on stress leave because they couldn't take the hostile work environment.

My manager does not acknowledge my presence when I come into work, she only speaks to me when she has a chastising comment or a direct order. My manager makes communication impossible. Sunday I sent an email to HR regarding my managers behavior towards me when she confronted me about someone wanting to see her and how I didn't see if she was available. Despite me clearly stating that the person who requested to see her, did not wish to see her at the moment because he was going to dinner and he wanted to speak to my manager at his convenience. Her attitude and tone of voice was unacceptable and I felt harassed and attacked. I was appalled by her behavior.

Today - I was pulled into an empty office with HR and the CEO. Despite my many reports of harassment against my manager they chose to terminate me because its been a month and I am the only one who hasn't adjusted to her as my manager. They also made claims that I was a liar, untrustworthy, I talk about my manager negatively to other employees (its okay for my manager to do it, but not me apparently), I am violating confidentiality and HIPPA laws by keeping a binder full of emails sent between myself and other employees and management (I refer to the binder as my "cover my butt" binder) with it I am able to pull up email conversations between management/employees and I and prove that I have done my job. I am not violating HIPPA as I have no other info but email conversations. HR and the CEO teamed up and claimed I said things to them that I never said also. They said I failed to prove that I did my job with my write up rebuttal and that her behavior the other day was no big deal. I felt like they basically said it was my fault that I was harassed by my manager.

I also know they found out that I was trying to organize a union there and I was terminated as retaliation. I find it funny that I had an excellent annual review from my old manager, I never had any issues with any of my team members or manager, I was employee of the month in January...but in 1 months time I portrayed to be an awful employee and terminated.

None of my complaints of harassment and hostile work environment were ever investigated or taken seriously, nor was my claim that my write up was a form of retaliation by my manager. HR and the CEO stood beside my manager 110% of the way.

Do I have a case to take this to court for wrongful termination, harassment, retaliation and hostile work environment?What is the name of your state (only U.S. law)?

 

[janimal]

Short answer - NO.

Slightly longer answer. A person being hostile to you does not mean you are in a hostile work environment. It is not illegal to be a jerk. It is not illegal for your manager to dislike you, unless the reason they dislike you is because of a specific legally protected reason, like your race, age (over 40), national origin, gender, religion, etc.

Making a work statement like that on FB was dumb - but not illegal. Wanting to fire everyone in the department and start over may be unfair, but also not illegal. And honestly, if I addressed an employee's performance and their response was a 22 page rebuttal, I would probably be inclined to dislike that employee also.

You spoke negatively about your manager? That was dumb. And definitely reasonable grounds to terminate your employment.

The only mention of anything anywhere close to possible approaching a legal matter is your attempt to organize a union and believing you were retaliated against for doing so. But given your clear attitude issues and badmouthing, your ex employer may have more than enough evidence to show that your termination was unrelated.

I'm sorry - but it sounds like you just got a manager who is a jerk. Unlucky. But you don't appear to have any valid basis for a legal claim.

 

[Beth3]

None of my complaints of harassment and hostile work environment were ever investigated or taken seriously, nor was my claim that my write up was a form of retaliation by my manager. HR and the CEO stood beside my manager 110% of the way.

That's because (a) there was no harassment, (b) this doesn't remotely constitute a hostile work environment and (c) they're still rolling their eyes over your 22 page rebuttal and complaint of retaliation. (Sheesh.)

They just went to a lot of trouble, time, and expense to hire a new manager. Do you really think that they're going to toss her out the door because of a disgruntled employee who just won't quit complaining, is making mountains out of molehills and making repeated spurious allegations? Maybe she is/will be a lousy boss but you could write a primer on how to do everything wrong and make sure the CEO and head of HR are intimately knowledgeable about your negative attitude.

Do I have a case to take this to court for wrongful termination, harassment, retaliation and hostile work environment?

No, no, no and no. Nothing illegal occurred here. They fired you for having a miserable attitude, bad-mouthing your boss, and being a royal pain-in-the-fanny. That will get you fired just about anywhere.

 

[sofedup27]

Actually they did not spend any time or money when appointing my new manager to her new position. She was the secretary to the CEO who has zero experience in doing what she does now.

Yes I expressed my frustration with my manager to other employees - but I wouldn't go as far as saying I was bad mouthing her.

My attitude was fine - I have never had any problems at work until they instilled fear for my job and the feeling of dread every time I would have to go to work. My new manager never once acknowledged my presence when coming to work - but said hello to everyone else who worked there. She made no attempt to make me part of the "team" and made me feel like an outcast - like I was shunned from the team. The only times she tried "talking" to me was when she had a chastising comment or felt the need to verbally harass me when she didn't like the way I was doing my job. She never once sat down with me to find out what my job duties were because they are different from everyone else on the team. Going to work everyday thinking your going to loose your job because she has made comments to other employees that "one of us is on the way out" and "either you're apart of the team or you're not" and the facebook comments - I say that makes for a hostile work environment. Before she started treating me like this I LOVED going to work - I really loved my job. Everyday after that I woke up with my stomach turning, anxious that I was going to be fired, anxious that I would be accused of some outrageous thing, I didn't want to go to work period - nor did anyone else in my department for the same reason. That makes 3 people in my department terminated in the last month.

I just find it amazing that I have never been written up, had any "performance" problems, or anything to show that I was a "pain in the ass" employee. Right before they fired my old manager I was given an excellent review, I have received numerous compliments from customers and employees, and was employee of the month - But in the one month rein of my new manager they lied about many things and portrayed that I didn't do my job and I was a terrible employee.

 

[Hot Topic]

It's more than a little bizarre that so many talented people have been out of work for months and someone like you was working.

 

[cbg]

The term, hostile work environment, has a very specific meaning under the law and this is not it, no matter how much you want it to be.

 

[cyjeff]

I will say that it is very unusual for a good manager and 4 great employees to all be fired in a month.

There is far more to this story.

I think that, from the other viewpoint, your departure looks like the montage scene from some terrible 80's movie about an evil coworker getting his/her comeuppance at the hands of the new but scrappy kid with good in their heart and a song on their lips.

Did you try to stop the local high school from having a dance?
Were you up against a small town girl on a Saturday night?
Have you ever felt the need to stop someone from a good strut?
Do you have a passing resemblance to Dabney Coleman?

 

[ih8idiots]

What is the name of your state (only U.S. law)? California
I also know they found out that I was trying to organize a union there and I was terminated as retaliation.

Do I have a case to take this to court for wrongful termination, harassment, retaliation and hostile work environment?What is the name of your state (only U.S. law)?

If they found out you were trying to organize a union there I'm guessing you were trying to do so while at work and/or during your scheduled shift. If that's the case you have absolutely nothing to base a suit on. Even if you weren't doing it during work hours and at work it's your word against theirs.

While it's perfectly legal to try and unionize, it is within the companies rights to fire you for trying to do so while at work. Whoever you contacted to get information about forming/joining a union should have told you to specifically not even mention it at work or during work hours.

 

[mlane58]

If they found out you were trying to organize a union there I'm guessing you were trying to do so while at work and/or during your scheduled shift. If that's the case you have absolutely nothing to base a suit on.

Incorrect! Employees have the right to engage in concerted activities during working hours. i.e. Discussing pay and working conditions, etc.....

Even if you weren't doing it during work hours and at work it's your word against theirs.

Well the NLRB just has to ask the people the OP was speaking with, not the employer and they have more than a he said/she said situation.

While it's perfectly legal to try and unionize, it is within the companies rights to fire you for trying to do so while at work.

Well they would have a real difficult time convincing the NLRB and the courts.

The OP needs to file a charge with the NLRB.

 

[Beth3]

Incorrect! Employees have the right to engage in concerted activities during working hours.

Not when they're supposed to be working. If Employee A is supposed to be working on the assembly line, he has no more right to be passing out union literature to co-workers than to sit down and chat on the phone. The reverse is also true. Even if Employee A is on break, he can't be interfering with employees who are supposed to be working. We also don't know if the employer has a no solicitation policy and if so, whether it's routinely enforced.

The OP needs to file a charge with the NLRB.

The OP is free to file a complaint with the NLRB but it's far from a given that a violation of the Labor Relations Act took place.

 

[mlane58]

Incorrect! Employees have the right to engage in concerted activities during working hours.

Not when they're supposed to be working. If Employee A is supposed to be working on the assembly line, he has no more right to be passing out union literature to co-workers than to sit down and chat on the phone. The reverse is also true. Even if Employee A is on break, he can't be interfering with employees who are supposed to be working. We also don't know if the employer has a no solicitation policy and if so, whether it's routinely enforced.

The OP needs to file a charge with the NLRB.

The OP is free to file a complaint with the NLRB but it's far from a given that a violation of the Labor Relations Act took place.

Thats incorrect Beth as I have been through this same type of senerio twice in the last year with the NLRB and it doesn't have to be passing out lit, he/she can be talking about money, enviroment, etc.....

 

[ih8idiots]

Incorrect! Employees have the right to engage in concerted activities during working hours.

Not when they're supposed to be working. If Employee A is supposed to be working on the assembly line, he has no more right to be passing out union literature to co-workers than to sit down and chat on the phone. The reverse is also true. Even if Employee A is on break, he can't be interfering with employees who are supposed to be working. We also don't know if the employer has a no solicitation policy and if so, whether it's routinely enforced.

The OP needs to file a charge with the NLRB.

The OP is free to file a complaint with the NLRB but it's far from a given that a violation of the Labor Relations Act took place.

Read my mind and beat me to it Beth lol
OP, when I drove forklift a number of years ago some of my co-workers decided to try and unionize, the 1st thing the union rep informed them of was that they should never try and discuss it during work hours for that very reason. If you're doing something other than the job you are being paid for you can and probably will be fired, especially with the economy the way it is. You are easily replaceable when there's a national unemployment rate of nearly 10%.

 

[Beth3]

My point is that an employee has no protected right to interfere with the work/productivity of others or fail to do their own work, whether it's passing out union literature, talking about wages and benefits, or selling candy bars for their kids' school. You can usually do that stuff in the workplace (depending on the employer's policies) but not on WORK time.

Workplace and work time are two different things. Your statement, Employees have the right to engage in concerted activities during working hours is incorrect.

 

[mlane58]

Not according to the NLRB, 5th District in Baltimore.

 

[ih8idiots]

Not according to the NLRB, 5th District in Baltimore.

You're saying the NLRB has said that it is ok not to preform your assigned work duties or to interrupt others from doing so? I would really love to see where you found that.

"What are protected concerted activities?

The National Labor Relations Act (NLRA) protects employees’ rights to engage in protected concerted activities with or without a union, which are usually group activities (2 or more employees acting together) attempting to improve working conditions, such as wages and benefits. Some examples of such activities include:

a) 2 or more employees addressing their employer about improving their working conditions and pay;

b) 1 employee speaking to his/her employer on behalf of him/herself and one or more co-workers about improving workplace conditions;

c) 2 or more employees discussing pay or other work-related issues with each other.

The NLRA also protects any individual employee’s right to engage in union support, membership, and activities.

The NLRA protects an individual employee’s right not to engage in union activities or in other protected, concerted activities."

NLRB | About Us

Directly copied from the NLRB website, nowhere does it say you're protected doing those things if you're supposed to be working at the time. Yes you are protected while engaging in any of the above activities, but not if you're doing them while you're supposed to be doing the job which you're being paid for.

I have the legal right to drink since I'm above the age of 21, however that doesn't mean I have the right to do it wherever and whenever I want. I have the legal right to smoke cigarettes since I'm above the legal age in my state, that doesn't mean I can light one wherever I please. I have the right to own certain firearms, however that doesn't mean I can carry them everywhere.

Point is just because you're allowed or protected while engaging the above activities that doesn't mean you're allowed or protected while doing them at any time you wish.