How to Prove Retaliation at Work
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- เผยแพร่เมื่อ 11 ก.ย. 2024
- Retaliation Website - brobertsonlaw....
How to Complain at Work Video - • How to Complain at Wor...
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CA Retaliation Law Explained by a Lawyer - • CA Retaliation Law Exp...
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Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers.
#retaliation #retaliationlawyer #employmentlaw
Wrong about prevention. Retaliation and mobbing occurs most often if you are a threat... not dead wood. A threat is a capable employee who is often a hard worker but expected an employer or management to really follow their own policies and will stand their ground on that. Your value disappears in a heartbeat when when you accidentally shine a spotlight on someone with more power who got egg on their face as a result.
I agree 100%
agree as a Power Engineer my Director hated me, because I showed him up daily.
Could this be used as a reason of retaliation and what protected activity does it cover
Yup and when inshowed management that i was right ... and they were wrong. Got retaliated against and was pushed out for " being bad employee and a risk" when all times went overreach.
Omg yes!!! This is exactly what is happening to me!!
Lol. The company will never admit to 'punishing' anyone for a 'protected activity'. They will fire you for other, 'made up' reasons. We all know this.
100%
No but companies are often unaware of it because companies don't hire lawyers or judges to work for them. They always use cheap counsel.
Yes, of course we all know this. The point of this video is how to prove that the company is lying.
Sure... but they are not always made up. Have this happening now with a god awful employee. They are blaming everyone but themselves. They should have been let go a year ago.
Biggest company excuse when wanting to dump an employee they feel is a threat
"The company is going through reorganization and your position is not being carried forward to the new reorganized company.
Uh, I became a valuable employee and it was threatening to my boss so he retaliated when I raised ethical concerns. It's not true that all supervisors want to protect valuable employees.
Agreed. What a dumb thing for him to say. Otherwise, he was good, but that one comment makes me wonder how he can be so out of touch
"Valuable" employees is a matter of perspective. Some employers view subordinates who never complain about anything as Valuable.
THIISSSSSSSSSSSS
Valuable as in making them money and keeping them out of trouble, sadly…
Exactly, very untrue, especially when you are dealing with racists. In that case (mine), you will never add enough value, hence me advocating for myself because it was clear it didn't matter if I did well and kept my head down - I still experienced retaliation.
The performance part is tricky . Sometimes the employer wants to get rid of you and will foster an environment for poor performance for eg. Exclude you from important meetings and provide half baked information , deny access to resources, not share access to tools or information . This happens a lot in the software industry where it is a struggle to perform without sufficient access or knowledge. Sometimes you are given tasks that are not part of the role you were hired for but your performance is measured for those tasks . It is very tricky on how performance is measured especially when a person is terminated for reporting something illegal.
Yes this is my situation, I have never been informed that my performance is not up to par. I left the company and got hired back, now I am not being handed work and information is being withheld that will help me do a better job when I am giving work.
True.
Employers are really good at this too. Very good. They will turn your coworkers against you to verify that you suck. They will make you document everything. call you out on every mistake in front of your coworkers instead of
Software Engineer here. I'm currently learning this hard lesson after getting fired for the first time in my life. 3 years of busting my ass just to be turned down every year because of performance issues. I was fired shortly after earning a cloud certification that my senior colleagues continued failing and a week after learning that my team is getting a pay bump this year.
The reason: Performance expectations weren't met.
This is why, as an employee, you need to document everything.
Sometimes due to a gentle quiet empathic personality in a narcissistic bullying setting the person is abused no matter how great the of an employee they are. They are just seen as toys to play with by the narcissist boss and coworkers. And some professions draw narcissist like a magnet. Software engineering is one of those professions.
This was me but at my teaching job. I am introverted and quiet but care and did my job. But was fired without warning.
I agree. It's hard to believe this lawyer, who otherwise makes sense, believes that only people who are not valuable employees are harassed. It's quite the opposite actually. So out of touch!
This!!!!!! The restaurant industry is definitely one of them.
‘Helping professions” are another. Spot On!
@@sallyd72 100%
Great stuff. My former employer has a fight on their hands….. Stay strong my abused brethren.
How did it go for you?
@@binwoods23 I lawyer-ed up and doubled my severance pay after a long back-and-forth. It was a long fight, but I found a higher paying job 6 months after my last day, and I received what I was due from that first hellhole.
Trying. I reported sxual harassment, workplace violence, bullying, threats and retaliation against me.
@@tsmith3522 Good luck. The process was extremely slow and frustrating. Find a great lawyer and give ‘em hell.
@@modernlunacy4341You have to ask for the money before you leave.
I wonder if management gets fired, for causing the company thousands of dollars, for retaliation, hostile work environment, harassment, discrimination ECT..
Seldom if ever, that would be an admission of guilt, UNLESS they hated that guy/gal and wanted to see both of you gone.
This guy does know what he is talking about. I wish I would have came across his videos earlier. He is giving a lot of info he does not really have to reveal. It is all on the Internet, but you really have to research for it. He taught me a lot in just this short video.
because words evaporate, I always put everything in writing as it is more constant. i am always respectful/civil because kindness deflects anger. If the bullying continues, I use the paperwork with consequences method.
6l7
Thank you for the video,lm victimized at work for lodging a grievance at work and the retailite by opening protection order for abusing the child,instate of escalating my grievance.I suffer major depression and Anxiety and admitted in psychiatrist hospital twice.
I was doing my job, the merchandisers job, my managers job, my AGM's job and part of the GM's job. I asked for a raise and less then 30 minutes later I was given a verbal and 2 write ups for bs all at once. So I immediately put in my 2 weeks and stopped doing all the extra work. After a few days of people having to do their own jobs I was "let go due to poor performance" I was doing my exact job description. I guess they really wanted to do their own work.
Next time, quit effective immediately.
I have just recently been terminated. I spoke with an attorney and they have taken the case of retaliation. Unfortunately I am now unemployed in the middle of covid and the first of the month. Imagine that. Thank you for your video.
I just got terminated for minor issues that could have been easily handled. And well.... the last one was due to my protected medical condition and i had told HR about the possibilities of said event with medical issue. They denied i ever told them about it.
@@semperfi-1918 gotta have it in writing
@@dwayneharper4768 you don't have to. But it's hard to demonstrate if you don't.
Did you win your case?
How did it go?
Great info. The only thing I will recommend is either complaining or making requests in writing DIRECTLY to your supervisor. Apart of prevailing on a retaliation claim is that your supervisor needed to have prior knowledge of your protected activity. If you complain to HR and HR never "formally" informs your boss, your boss can legally make a claim that the termination occurred with no knowledge of your protected activity. When you have emails of your complaints to your boss about your boss' actions or requesting a reasonable accommodation, the company is in a very tight spot to defend the claim. Even if they assert the reason they terminated you is because of poor performance: your written complaints about the bosses actions could convince a judge or a jury that their reasons for firing you for poor performance are pretexual, and the real reason is because you engaged in protected activity.
Emotional damage led to poor performance ANXIETY, NIGHTMARES
I love this guy, he’s got Intelligent skills of breaking down this subject! Thanks
He is very smart and knowledgeable
A
I definitely need to contact your office. I had issues with someone harassing my coworker and when I went to my Senior VP and Human Resources nothing was done. Then I got let go for "work performance" which didn't make sense given I was new to my role and I was performing adequately.
That's similar to my situation working for a major meat company.
Hello Samasoni . I do understand that you had a previous wrongful termination. Our company is a lawyer referral service and you be be entitled to also workers Compensation damages too back to 4 years from termination of your job. I would like to see if you do qualify. Would you please provide the best number to contact you?
Oh yes, I believe you. The same thing happened to me. I stepped down from the position. When they came to me to ask for proof documentation I told them I destroyed the paper work and reports. That employee who was discriminated won her case. I was so happy for her. HR and upper management got what they deserved.
Great video! Wish I had this type of information a couple years ago. Currently in the middle of a retaliation/whistleblower lawsuit. I was trying to get former employer into compliance with state fire codes, OSHA regulations and FAA tower lighting regulations. Was fired for not being a team player and making peers "look bad". Since then they have worked to blackball me.
Tell your employer to calm down, you'll make him look bad too! 😂
Did you win?
Can you give an update
Update please.
Get things in writing, research, look for new employment, document everything and tape record or video record. Don't really know. GET EM FIRST.
I was fired without noticed. Employer stated I was fired for misconduct. I was denied EDD therefore I filed an appeal. I was asked to do a lot of illegally activities at the office, I refused to let employer take my notary for employer to use it on her personal use. I was asked to forge signatures . that is why i was terminated. I have not received EDD in a year, still fighting this issue.
Same omg.
Doesn't work at my place of employment.
They don't hear anything you say.
We have suprrvisors that lie on employees all the time. Just because an employee is written up does not mean that they actually did what the supervisor said the did. My supervisor lied on me in evaluation. I filed a grevience had a meeting with his boss with the union rep...he still continued to harass me.
The eeoc JUST found A restaurant I worked for guilty of retaliate & wrongful termination.
The managers made up Nonsense based on a call that we had weeks prior to the actual discrimination.
Had I NOT did all my communications through text, I wouldn't have had the smoking gun to prove they were lying. This video truly helped me out, and now I'm waiting to see if they'll accept our offer
I wish I could have found you 2 years ago I still have an active case in feds court but you explain these things so much easier YOU ARE A GREAT EDUCATOR!!!!
I am a super valuable employee who stands up/stands strong for herself in the field of education. The way they’ve “gotten around it” is by moving me each year, demoting me, lessening my responsibilities in an effort to make it difficult for me to move out of the district. I even have great evaluations. I have audio recordings, years worth of emails, documentation, etc. I’m just a pain… and recently, local union leader that’s in consultation with the district’s leadership…. Kinda stuck between a rock and a hard place. Do you know anyone near San Antonio Tex??? Thank you!
Most of the people you refer to for retaliation or harassment are management or a supervisor. What if the retaliation & harassment is actually coming from HR?
RIP HAHAHA, My HR straight up said that my supervisor was allowed to retaliate against me when I told her that he said I'd get fired for literally...... my PROTECTED ACTIVITY. HR's blinders are too huge to help you sometimes, other than giving you ammunition to fight back.
@@theorangegush1368 HR works for the company they will never come back and say "yes you right we did discriminate, now go sue us". HR should change their name to PR.
In this boat right now. HR took a very personal stance against me and rapid fire papered my file, terminated me in 2 months. They told my boss "if she reaches out to you, just forward to us. We will handle it."
Happened to me yesterday:))
You can’t stop retaliation 🤦♂️ shows how much he knows. If someone wants you out there going to hit you with everything they got even if you write a nice letter.
I agree there totally.. i repoted my floor supervisor for bullying basically,i even have text messages for some proof.. the retaliation was my boss getting everyone involved including an illegal search of my belongings because i have meds to take every day.. would you go back to a job that did that to you?
Melisa Heath right now I’m going through false accusations because my boss is a ex cop and he’s making employees lie for him and I still have to go to work. I feel like he’s going to try and set me up to try put me in jail I’m so stress I can’t sleep and I have no appetite.
Melisa Heath I just got fired today 🤦♂️
I agree but that doesn't mean you cant fight back.. i know.i saged alot of stuff. I dont think bullying is right at work.. i mean really ..this was back in elementary school
Yes they will. Even play manipulating games with me
I was retaliated against by my DM because of complaints made to HR regarding his harassment & racial discrimination. This video was really informative and gave me alot of info that I didn’t know. Thank you Mr!
At my recent past job I was never payed over time. Never given proper lunch breaks. Worked on the road for 10-20 hours a day. When chose to resign I wasn’t given my final paycheck till around 3 weeks after I resigned. I was also told I couldn’t receive my final paycheck unless I filled out a w2 form even though I was working under the table and a w2 form was never brought up in time of hire. After falling asleep while driving and being told, “its ok just get the job finished” I chose to resign and after that is when my old boss chose to not give the final paycheck.
Re: prevention; you can be the most valuable employee with an incompetent boss. I was the most valuable employee, and my boss was in trouble, and he wanted to poison the well by getting rid of me. It was an absolute nightmare. I had to prove that the boss was building a pretext- luckily I was able to claim discrimination based on either of two protected classes.
How did you do that? I resigned, and they denied unemployment even though they acknowledged a hostile work environment. 😒
Great videos, very informative and engrossing! Branigan speaks with style, substance and clarity! Thank you!
I am definitely going to binge watch his videos. I wish he was in New York.
I reported workplace harassment against my supervisor, then a few months later, she retaliated and said I didn't earn the year-end bonus in December which I received every year previously.
Thank you I really love your work and guidance. I’m I fl and don’t feel we have this much assistance . You seem very honest and you seem to really want to help the people and educate us . Thank you for all your great videos.
So true. I’m currently in a case right now. Definitely praying for favor.
I appreciate you taking the time to share this information. It is priceless.
Lawyer dont want to take cases like these unless they know how much money they can get . This happens AFTER YOUR TERMINATED. Lawyer won't help you for pervention of retaliation. Lawyers will advise you to find another job! the fact is that bullying is real but the law does not help you in these cases! nobody likes to be bullied-- soni dont know why lawyer's won't even right a letter to the company as a warning to prevent future bullying. Something as small as a letter putting the company on notice would help the victims much! But lawyer's want money-- not prevention!
My wife works for a subsidiary of Qualcomm in Sorrento valley area of San Diego California. The company she work for his compass they provide staffing for Qualcomm
How do you prove retaliation when it’s the HR director who is doing the retaliating for a complaint made about HR not doing their jobs correctly?
Thank you I need a lawyer asap
Old company destroy my career and harass me for 2 years
Mr. Robertson, At the 9:26 mark you state that "if other employees complained about the EXACT SAME THING that you have, but they DID NOT get fired (but you did) it's gonna make it more difficult to prove your case." I am confused. Wouldn't that make it EASIER to prove? If two employees complain about the exact same offense, but only one is fired, doesn't that make their case easier to prove? Thank you.
i was a great employee untll i got awarded 100% disability from VA. sent the letter to my supervisor and he forgot about it. Then 4 months later, i requested RA for that disability and shit started hitting the fan when they realized i already told them about it and now they are covering themselves
Although I'm in Illinois your videos are formatted so useful that I have been able to assist in my wrongful termination case within the steps and guidelines you put forth..... YOU ROCK .... KEEP UP THE GOOD WORK 👌🏾
I need you to represent me. My attorney has never explained these things. I have many union witnesses and including upper management, and this guy thinks it's a turn and burn. I know after listening to you would see my case and be dang... he has everything I need to win for both of us.
Thanks for the video. Two years ago I've had a tough time looking and keeping jobs due to my military reserves. Under USERRA it is illegal but still I caught drama and crap on the job just for that. Good information you put out there.
I whistleblew on some serious compliance regulations. The Head of HR was my aggressor. I made the CEO aware. I have filed with the EEOC and The Fair Housing and Employment. I'm actively looking for a lawyer in California. I would like to speak with your office Mr. Robert's. My paper trail and witnesses are ready for review.
I was verbal bullied threatened and harassed for a week…I notified manager but he did not resolve issue..I then told my boss Monday morning that I was going to HR to report..Hr did. Not investigate…instead I was forced to resign….I then submitted a my issues with eeoc…I am stressed and still out-of s job …bills to pay…do I have a case?
Yes
Thank you Branigan for sharing your experience and Knowledge :)
I was mobbed for 8 months at my job but didn't know why until a married man revealed he wanted me. I told one of his friends I didn't mess with married men they in turn went to HR and reported I didn't do my work sufficiently. These people did not work in my department. I was fired when I said the reason why you have the complaint about me is because I refuse the advancements of a married man. The only way I can win my case is to get their text messages which I know they did for 8 months until he approached me. Would it be possible for the lawyer to get eight months of text messaging from 7 people. This led up to my firing
We subpoena text messages in employment lawsuits all the time.
Hello Ezra . I do understand that you had a previous wrongful termination. Our company is a lawyer referral service and you be be entitled to also workers Compensation damages too back to 4 years from termination of your job. I would like to see if you do qualify. Would you please provide the best number to contact you?
Love the use of a whiteboard in a YT video….sometimes simple is best! 😂
I reported a supervisor for sexually harassing coworkers then after that I had a target on my back before I made these complaints I had perfect attendance I got a promotion then they made up a bogus reason to fire me the supervisor who did it told another CO worker that he finally got me out of here and he'd been trying to do this The whole time he didn't know that that coworker was a guy I grew up when we was kids They tried so many things to get me to quit but I would never quit like Sending me outside in the Winter on Fork left in the snow ❄️ and in the rain 🌧 I worker night shift they told the guy on first to let all work Pile up on me hoping that I will quit But it never happened I have been fighting this case for 3 years now
What if you get written up after complaining verbally to your boss. For example you decided not to say anything because you’re new to the department and don’t want to be considered a whining person.
I've watched this video several times! Thank you! Another informative video for those of us going through workplace retaliation. 😥
My employer has a severe problem with selective enforcement of rules and regulations. The managers clearly pick favorites that are exempt from performance and disciplinary actions taken against them. Those they do not like or have had disagreements with are placed under more scrutiny than these "valuable" employees. For example, there are at least two employees I work directly with that clearly are not held to attendance standards, clearly missing more days without medical excuses than should be allowed, and arriving late regularly, and others are not held to the standards of cell phone possession in the workplace. While the rest of us are held to these standards, with increased scrutiny the less the boss likes you. Is there legal protection from this kind of behavior?
I SO CAN RELATE TO YOU IM EXPERIENCING THE SAME thing This happens 95 percent of the time There need to be more to protect the employee this is so common now
Been there soooo many times.
Thank you Sir for your great video! You are doing so much for those who are in need of some good honest advice. You did a great job explaining everything in a simple manner. Thank You
Today I was suspended for 3 days without pay for not completing my nightly closing duties. I believe it is because I wrote down all the items we are missing on our communication form. I work in a grocery deli which is grossly mismanaged and has been short staffed since I started. The deli manager of 15 years and soon to retire doesn’t take ideas and solutions very well. An email I sent to upper management when I came to the department was ignored for 2 months. Once read a week later I was written up for being late. Nothing has gotten better, I then got written up for not doing what my manager requested which was not part of my closing responsibilities leading to failing to complete my responsibilities. I can’t win. I work hard and because I put a spotlight on the mismanagement of the department, I am made to out to be bad guy.
Yep that’s how they do it
Im on my way to have a conversation before my situation turns into this, wish me good luck cause I'm facing some liars today
Problem about "unsafe" work environment..... In some states like Mississippi, OSHA does not have any authority over any state govt entity or state govt affiliation...including all state medical entities.. Conveniently.
Brandon you should teach law, you are great!
🖐🏼Problem is the definition of "valuable employees," among corrupted companies. Otherwise, "whistle blowers" would always be valued, not retaliated.
Sure wish you practiced in Oregon also. We need you up in Portland, OR.
What if I had no written warnings until they realized it was me who called osha, they wrote me up at 141pm and at 330 I was fired. No verbal warnings before or anything
For what it’s worth hearing your information and the gist of what is considered retaliation helped at least bring down the anxiety/fears for tonight that I suffer from anyways to begin with that’s well documented. Your information is better than my lawyers consultation fee alone here in NYC too bad your In California
So, before i got bullied and fired because, this guy who asked "so u like getting fingered I complained -big scene.. Later dude took it out on the mashine I wasn't qualified to fix.
Oh yeah, hipertextual 6monts prior i bullied the guy responsible for me slipping and falling and getting grilled for missing a day at work
I was becoming the target of retaliation from a group of Christian bullies who were pissed I wouldn’t join their hate mongering campaign against another supervisor. I found another job 30 minutes away in the next town right away. I wasn’t going to tolerate it or try to go to HR. I was pretty sure the bullies had relatives in there. Hospital jobs are not hard to find. Turned in my two weeks notice. Left them with no full time nightshifter right before the holidays. All the dayshift employees had to rotate. Haha.
To add insult, I convinced my new manager to recruit the targeted supervisor. She came right over. Left them with no blood bank supervisor after working there 20+ years. That was an extremely satisfying experience.
What if your manager who is making your environment hostile is best friends with HR??
Bullshit
There is no Human Resource Dept at my job here in California. I also have no assigned Supervisor over me. The company's 'Controller' (the man who hires and fires) is who I have been instructed to go to if someone is harassing me. The Controller is the person who is harassing me.
I feel that he's in the process of clearing out all of the older employees in the office that I work in. An example of the harassment is:
He will give me a project that requires that I get certain information from other employees but before I have the opportunity to ask those other employees for the information that I need to complete the project, he goes to them and tells them that they "are NOT to allowed to give me the information or help me in any way". He gives me work that requires that I get information from other departments but he goes and tells those people that they're NOT ALLOWED to help me.
In the past he's placed me in positions with the company that have came up due to an employee being transferred to another department, but has forbid anyone in the company to provide me with any training for that position. As an example, I was hired as an Administrative Assistant but when the person who was doing the company's Accounts Payables got transferred, he threw me into that job without any instructions or training. To his surprise I went on line at home and did a crash course on how to do Accounts Payables and was successful at it.
Over the years when they've hired other employee's, they're provided training on how the company's paperwork flow goes and the basics. But, the Controller with held that training from me on several occasions and I couldn't ask for help from any other employee.
I've been at the company for a decade now and I'm older and now he seems to be up to his old tricks again. I believe it's because I'm an older worker and he's weeding out all of the older workers within the office that I work in.
The company has been sued by previous employees for "accidents" on the job, so the company literally keeps lawyers on retainer. I know this because I pay the attorney fees whenever the company uses them.
This company has been sued and had to pay out $1.4 million in damages to one employee due to an accident. Another time they were sued and settled out of court for $750k. And, they were just recently sued and settled another case out of court for $500k.
I'm not looking to sue, I just want to be treated fairly regardless of my age. I'm too young to retire and I have to work and support myself. I've been doing my A/P job now for almost ten years and now all of a sudden the Controller is starting up with his old tricks again.
At my age, finding another job is very difficult here in California. How is it that I've been doing the same job for the past 10 years successfully and now I'm not? I never miss work, rarely ever even call in sick. California law gives you three paid sick days out of the year, last year I only used one of my sick days for the whole year!
If I were to complain about the Controller who is second in command at that company, I would have to go to the President/Owner of the company and he's going to take the side of the Controller. I mean very little to the President/Owner of the company. I'm just a lowly employee that can easily be replaced.
Thank You....I need this ‼️
Unfortunately i have to disagree, valuable employees do complain, often times believing bc they have been good workers they will be taken seriously "unlike other people who complain." this stigma is exploited by employers to easily devalue an employee ie "this person complained, therefore they cannot be a good worker." However, I do appreciate that you're giving more of a jury's point of view as a way to approach it, thank you for the great video!
When I proved the coolant was harmful to my skin with pictures I was seen as a trouble person. Workers compensation company said it was a self inflicted injury. I wasn't payed for the days I was told by Drs to stay away from those chemicals. They still didn't change coolants knowing that it hurts me. I was told to not use said chemicals.
I complained to HR about harassment from my Lead Supervisor,... the next day l was written up for b.s. issues (4) and made to stack 6 pallets of wood parts by myself which was usually done by another dept. The next day the Lead Supervisor called me into the office and gave me an insincere apology. .
@6:57 what if company considers an employee valuable but manager and her/his gang wants company to retaliate in one or the other way, then what? Then comes character assassination, false allegations, scapegoat and creating hindrance in work/hiding work credit of that employee.
I have a labor hearing on Monday just brushing up thanks for the info!
needed this. thank you. been doing alot of research and this was very helpful
How about when a employee is retaliated by the union and management? What if the union allowed disipline to stick on an employee record and build up even tho they knew there was no just cause and that management was just harassing them and the union allowed it? How does the employee stand up to this harassment?
I received a right to sue letter but I'm having a hard time getting an attorney. Could the employer's lawyer have said things or responded to the EEOC to make me look bad so no one would take my case?
My job performance was never in question. I was the best at what I did according to my coworkers and I defended my honor against a bad manager, whom I filed a formal complaint against. Nonetheless, I was fired. It was simple retaliation and I have all the documentation to prove it.
PREV employer. Did to me . I was hired to do one job then moved me to another dep. Cutting my pay. Then they wanted to move to work at a yard with a 10.00 pay cut. Then I got fired. Ops manager admitted to cutting my hrs because I did not want to be out in the field for more than 15 days.
Dear Branigan! You are one hell of a lawyer. Thank you. Could you please do a video on out of court settlement where employer threatens the employee with costs pre-trial even before evidence is presented? In this particular scenario the employer has wrongfully revoked my friend's ability to work anywhere. Employer continues to demand settlement but no offering to clear her name. Spiteful attitude...
Say someone complained about not receiving “prevailing wage” pay and their employer gave them a hard time about it or told them “We didn’t bid the job with that in mind” and just refuses to do anything about it?
One more question, say you’re the ONLY employee at a company and want to quit to find a new job or go to school, and you have no contract in place; can the employer use legal action (say sue you) to try to make you stay? Is there any recourse or will the court actually make you stay and work for that company? I live in an “at-will” state.
Higher management and other employees are starting rumors, talking about my body, bullying, indirect comments. These people are putting 401k, health care coverage and income at risk on purpose to make me leave. Other's have left this company due to the same treatment after 5-10 years.
Yeap
I think you are an engaging presenter with great advice.
Currently going through this. thanks for the info
Sir, you are the best! Keep doing what you are doing😉
8:21 What if the supposed "write ups" weren't in writing? My old boss says he gave me verbal warnings and that's what he told the DOL. But there's nothing in writing.
How I wish you were in my state. I filed a complaint about a manager altering my time. I to am a manager. Well, after I contacted my HR, I was put on second shift (which I never had to work before) after that, the other manager confronted me about the complaint when I got to work one day. Not only do I now work second shifts, I work every single weekend and the other manager and I have the same job title, HE makes more than me and, we are paid salary (exempt) when, the only manager duties HE allows me todo is the paperwork every weekend.
In fact, my district manager asked me to come (back) to that store because “it had gone to crap.” I specifically asked if I would be working every weekend (the reason I transferred the first time) or, would I be thrown on second and he said no. I have worked many of my days off because I am salary but the other manager does not. He does not work weekends but yet has no children but I have two boys and I am married.
I could go on and on about the way I’ve been treated but the one thing that really bothers me is, knowing how much I have benefited a company only for my supervisor to make a comment that he wished he could fire everyone, he was mad because I took my 3 days off like the other managers got when he thought I was going to work. Basically I finally stood up for myself to be with my family during the holidays. 😏
You need to document things.
Make sure you have all the information, pics, recording, videos etc and go to EEOC and file a complaint. eeoc offers 180 days after the incident -
My wife was being harassed at work because she believed her co-worker was being abusive. When my wife filed the complaint her immediate supervisor demoted her mabis public spectacle of her and was very vocal about her verbatimIF SHE WANTS TO COMPLAIN SHE CAN DO IT FROM THE RECEPTION DESK!!! THE LADY PUT MY WIFE STUFF WITH HER NAME ONanybody who worked in the immediate error and or pass through the area saw that she was demoted and that she was in trouble. This was so traumatic for my wife she came home from work and she was in a morbid states of depression. She did not know what to do. I advised her to call an attorney because what she did is a protected action. When my wife took my advice partially but instead went to HR instead of calling a lawyer. I told her to record all conversations with HR and she did just that. She has him on recording trying to persuade per to discontinue her claim in to settle for getting an office back and she agreed to not pursue litigation in some form that she signed. She did this under duressand furthermore she fears that if she pursues this any further she will lose her job which she needs. This happened only two and a half months ago. The statutes of limitation is nowhere near expired. She has a whale of a case. She has been so mentally distraught buy this it has caused us marital problems. She has been in a State of shock and morbid depression. I feel like this caused me to lose my wife I am devastated by the activity that took place at her place of employment (
I disagree I am a valuable employee who never complained and I am an overachiever at work. I complain about patient safety and and unsafe work environment and i was suspended, I have never been written up for anything. So that statement is not true. In nursing it is not about how good you are as a nurse it is about how friendly you are with the nurse manager and charge nurse!
I totally agree. I think I could have phrased that whole section better. I think my point is largely true, but a lot of people get screwed because of exactly what you describe - office politics, discrimination, and/or retaliation. Good point!
I will only be discussing California law because that is where I have my bar club membership that allows me to practice the private foreign for profit legal system. Good video.
What about reporting fraud, waste and abuse within the hospital and being laid off 3 weeks later without reason?
This video is perfect!
I use to work Saturdays, but the Dispatcher took me off, because I complained too much about safety.
I sent an email to HR that continued retaliatory harassment by a coworker (based on a protected status) was effecting my mental health. HR followed up the following workday after hours to inform me that I was placed (against my will without an evaluation) on medical leave by a physician (not licensed in mental health) and could not return until a company provided psychiatrist found me fit for duty. The same company physician sat on my exam results (which I was not allowed to see) for a whole week.
Only bad thing about this is most employees that still work. They won’t stick up for you. They want to keep their job.
Yep, they complain along with you, but when you have the guts to speak up, then they suck up to management like everything is fine so you look like the only unhappy one.
What do you do if you have written complaint and they terminate you pretextually.
Thank you for posting and sharing this video, this is great!
Being a bad performer is still no excuse for a company to fire you under direct motivation of protected activity, regardless if they said it was performance, as long as the motiviation behind the termination is proven to be for the proteceted activity.
I like some of what he said but labeling people who complain and seek solutions as bad employees is not the truth. At all. Some employees complain just to complain that’s when it a problem. But if your complaints are legitimate and involve workplace procedures being broken that shouldn’t make you a bad person or put a target on your back.
When putting the company you work for on notice please put it in writing. When I approached my H.R. dept I did it in person and verbally. There wasn't a policy in place in my handbook about putting anything in writing so I didn't know any better. My response from my H.R. dept was verbal as well. Although I was able to verbalize my fear of my supervisor I was verbally instructed to stop speaking because I was leading on insinuating S.A. So much courage is required of oneself when talking about this kind of abuse. What I really needed was to have a safe place to talk about physical and psychological trauma I experienced from my supervisor. Nevertheless my employer directed the narrative by making it appear as though I simply wanted to create drama. I was terminated 2 weeks after sitting down with my H.R. dept in trying to speak out about S.A. I'm not sure the legal system takes into account when a subordinate works for a company riddled with management who thrives on the use of fear and intimidating tactics.
It's happening now.i don't know how many more battles I can fight anymore
Be very strong and courageous
They may be a reason you are going through fire.
What doesn't kill you will only make you strong
I guess it's helpful that I've been there for four years and this is the first time I've had big problems. My leads and other managers have been connected at the hip was really good friendship but it's all stopped. It all stopped after HR meeting with that Manager.
I'm still working there and trying to document things as they go. Maybe I'll do is you suggest and write a letter to HR but I fear that because they took his side last time. HR even told me how they had a really great relationship with this manager since they've been talking for days. That don't make me feel any better. I am in Minnesota, so I'm sure the laws are different.
What about Employeer manager agrees to HR to adhere to FMLA return to work restrictions... HOWEVER, the Manager weeks later proceeds to write you up on a PIP(Performance Improvement Program) on baseless false accusations
By the way, was a TOP TOP HIGH performer. Won multiple internal Awards... yet manager wants to PIP you? Confusing... Should I contact EEOC?
i got co call jo show for being at the hospital, this is a new job and i couldn't call because i cant afford phone service. is that grey area too much? should it b counted against me ? i did make attempts at contact as i was being seen by the medical staff.
I am in Texas, I am 66 yes of age and am retired. I work for Ross dress for less store. A supervisor for no good reason began to start yelling and accusing me of something of I have no idea why.. She demonstrates the same unprofessional, unethical and a hostile behavior. with customers.
😲😲Not in California but appreciate the informative video, thank you.🤝🤝