• 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.

Hostile Work Environment Termination

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

megamooo

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

This is a follow-up to our post of early June.
Daughter M, 19, was hired in June by a local preschool as a teacher's aide. This was to be her fourth summer job in as may years. On her second day of work she was accused by another employee of making comments regarding her dissatisfaction with the pay, lack of classroom structure, etc. This accusation was a complete fabrication as these comments were never made. It quickly became clear that the accusing staff member was unhappy with M having been hired. Nevertheless, she continued to do her job, arriving early each day, never missing a day of work. M worked hard and the children in her care loved her. The staff hostility, however, continued. The Director refused to file her tax withholding form as it had been completed. She was told her uniform shorts were too short (M immediately purchased new shorts). Another employee told her that the school's director had referred to her as "useless". Upon completing her shift yesterday M asked about next week's hours. She was told that this would be her last day. M was informed that each of the teachers with whom she had worked gave her negative feedback; she did not display enough "initiative". M knows this to be untrue as she had been complemented by a majority of coworkers, with the exception of the employee who had made the initial false allegations.

The day M was hired she was given an employee handbook stating the school rules and regulations. This handbook also indicated reasons for immediate termination. M's reason for termination was not among those listed. We understand the "at will" regulations regarding employers and employees. M's situation, though, is easily classified as a hostile work environment. Her termination was not based on any reason documented in her employee handbook. We intend to pursue this matter to the fullest extent of the law. What legal remedies does she have?
 


justalayman

Senior Member
. We understand the "at will" regulations regarding employers and employees.
I'm thinking you don't completely understand it.

M's situation, though, is easily classified as a hostile work environment.
really?

an excerpt from ehow (generally not a good source of material IMO buta their explanation is very understandable in this case)


Decisions of the Supreme Court created a basic definition of a hostile work environment. A hostile work environment exists when an employee experiences ongoing, unabated harassment based on race, sex, gender or on some other legally protected characteristic. Continual sexual harassment is a common example of what results in a hostile work environment.
hostile (mean, angry) actions do not make a (legally defined) hostile work environment.

We intend to pursue this matter to the fullest extent of the law
Ok. So, that means she is going to chalk this up as a place she doesn't want to work and move on, right?

Her termination was not based on any reason documented in her employee handbook
Unless that book can be construed as a contract, they are not bound to or limited by the statements in that book.

What legal remedies does she have?
Move on with life.
 

CourtClerk

Senior Member
None, and I'm sure you can't possibly know whether your daughter really made those comments - because I'm sure you weren't there to follow her around 24/7.

Nevertheless, they are allowed to fire someone if they don't fit in.
 

megamooo

Member
"Unless that book can be construed as a contract, they are not bound to or limited by the statements in that book."

The handbook was signed by both the employee as well as the employer. Sounds like it constitutes a contract.


"I'm sure you can't possibly know whether your daughter really made those comments - because I'm sure you weren't there to follow her around 24/7."

After having been brought to tears after a 2+ hour interrogation, I tend to think she's telling the truth.

Anyone have any positive feedback???
 

cyjeff

Senior Member
You are looking for a reason to sue... and there isn't one.

for instance, if she got along with 99 teachers and one didn't like her and that person talked to the supervisor and got her fired, it is legal.

Now, you are stating that the employee handbook rises to the standard of a contract. First, I suggest you look within it for the wording "this handbook does not constitute a contract" and/or "you are hired at will".

If you don't find those words or still believe you have a case, sit down with an attorney, hand him/her the book (that we cannot see from here) and listen to what is said.

The initial consultation is usually free or very inexpensive.
 

cbg

I'm a Northern Girl
No matter how you slice it, this is not a hostile work environment as defined by law.
 

justalayman

Senior Member
megamooo;2858920]"Unless that book can be construed as a contract, they are not bound to or limited by the statements in that book."

The handbook was signed by both the employee as well as the employer. Sounds like it constitutes a contract.
signatures are far from all that is required to make something a contract. Try looking through the book. You might find something such as:

this manual is not a contract. A signature is not intended to infer this is a contract but simply to acknowledge receipt of the manual.


"I'm sure you can't possibly know whether your daughter really made those comments - because I'm sure you weren't there to follow her around 24/7."

After having been brought to tears after a 2+ hour interrogation, I tend to think she's telling the truth.

Anyone have any positive feedback???
well, if what you mean by "positive feedback" is somebody telling you that she has a great case and go ahead and sue; I don't think you are going to get any positive feedback.
 

megamooo

Member
Thanks for the positive feedback!

The employee handbook does not anywhere state "does not constitute a contract" and/or "you are hired at will". Therefore we believe both the employee as well as the employer are bound by the document. We will be contacting an employment lawyer next week for a more definitive clarification.
 

cbg

I'm a Northern Girl
Does it say anywhere in it, You cannot be fired for anything except a reason listed here?
 

justalayman

Senior Member
Thanks for the positive feedback!

The employee handbook does not anywhere state "does not constitute a contract" and/or "you are hired at will". Therefore we believe both the employee as well as the employer are bound by the document. We will be contacting an employment lawyer next week for a more definitive clarification.
You go get 'em. I don't think you don't have a snowballs chance in Hell of getting anywhere but if you want to spin your wheels, more power to ya.

Foster v. Tandy Corp., 828 F.2d 184 (4th Cir. 1987). The employee, a retail
sales clerk, claimed that his employer breached its contract with him when it did
not follow the four-step disciplinary process outlined in the employee handbook
before he was discharged. The court held that the language of the handbook was
not mandatory and agreed with the employer that not all statements in personnel
handbooks were enforceable contracts
I didn't read the entire decision. You are welcome to.

so, I have a question since you believe the employer was bound by the contract. What did your daughter have to do in order to quit?
 

megamooo

Member
Thanks everyone. Your information is greatly appreciated.

The employer's refusal to accept M's Form W-4 (Federal Income Tax Withholding), however, may prove most detrimental. M has not owed any Federal Income Taxes since she began working, yet the employer would not accept her "exempt" status form. Returned it to her twice, stating (in writing) "exempt status WILL NOT WORK". Questioned the IRS about this today; they could not explain why the employer would do this. They say an employer is required to accept an employee's W-4 without question; if there is a change necessary, that direction will come after IRS review. IRS said something sounded "funny". Intend to contact another Federal department they suggested on Monday, as well as MD State.
 

justalayman

Senior Member
so, she had no tax liability last year?

So, although they did not accept the W4, did they withhold any federal taxes from her pay?

and earning as much as she would, she would not have any tax liability this year?

and you asked the IRS today? Saturday?
 

megamooo

Member
"so, she had no tax liability last year?"

That's right, $0 Federal Tax Liability.

"So, although they did not accept the W4, did they withhold any federal taxes from her pay?"

Yes they submitted a W-4 without her signature. Single 0, the highest withholding rate.


"and earning as much as she would, she would not have any tax liability this year?"

Correct. She will earn less in 2011 than in 2010.

"and you asked the IRS today? Saturday?"

Yes, this morning. IRS Agent Ms. Greeney was very helpful.
 

Find the Right Lawyer for Your Legal Issue!

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