Can my supervisor give me a bad review for invovling HR in our situation?
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Can my supervisor give me a bad review for invovling HR in our situation?
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My supervisor is very pushy ever since i came back after being off for 14 days due to a medical condition. With this being said, she and the Senior VP wrote me up for unexcused absence "even though i brought in a doctors excuse." After that things just got very bad. She would speak to me with disrespect in a negative tone, everything i did was wrong, always asking what i am doing just nick picking for no reason. So I went to the Senior VP told what was going on and he said he didn't want to get involved we needed to find some way to work it out. I then went to my supervisor and tried to talk to her and she just blew me off. I felt like i needed to just transfer to another department i spoke to the VP again and he told me he didn't want to lose me and that was not an option. I felt like they were trying to trap me or make me quit so i then went to HR told them what the situation was and they were already aware of it due to a friend i ahve that work in HR told them about something brewing in my department but didn't tell them my name. I had my meeting she had her meeting and all of a sudden she and the VP were in a meeting trying to find a way to fire me per my friend in HR. They couldn't fire so they changed my job descriptions and added more responsibilities and was dated the day i filed a complaint with HR. I had my annual review meeting with her and got a poor rating. She explained that i took off 27 days off and I figured they were either doctor excused or vacation i was never written up before my write up i just received for my medical condition. She also explained that my co-workers are complaining i don't get the reports ready which is untrue because i am the first one in @ 7am. Then she said well i could have fired you because my swipe card clocked me coming in a few @ 2-3 minutes after 7 but didn't want to because I am good worker but I got a negative review why not fire me for that. All this is retaliation for talking to HR which didn't help at all what should i do because they will not help?
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michr
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you are absent an excessive amount and it does not matter what the reason is, it is still excessive.
if you have a valid medical excuse you would be covered by FMLA which obviously you were not.
to learn about FMLA:
http://www.dol.gov/compliance/topics/benefits-leave-FMLA.htm
you can be fired for any reason or no reason ("at-will employment") and unless they terminate you for an illegal/protected reason you can NOT sue them .
if the employer wants you gone and they have cause it does not matter if they fire you or you quit they are protected either way. being fired for cause disqualifies you for unemployment so it serves no purpose for the employer to try and force you to quit.
forcing you to quit(if they don't have cause) does not prevent you from drawing unemployment.
many people associate (wrongly) being fired as meaning you can draw unemployment and quiting meaning you are disqualified. qualifying for unemployment has nothing to do with how the separation takes place it is a matter of WHY the job was lost.
job descriptions can be changed at any time and again are not required by law. job descriptions are used to give employees a general idea of what is involved in the job they do but they are not all inclusive.
the fact that the employer uses progressive discipline shows that they are trying to keep you. progressive discipline is not required by law but is used by employers to help retain employees and to improve performance.
nothing you have listed inyour question/rant/statement is illegal, unethical or immoral. learn from this and improve your performance issues and address your attendance or quit and move on.......
if you are under contract or collective bargaining agreement that addresses these issues in particular then that would take precedence. |
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Katie W
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Unfortunately, your best option at this point is likely to look for another job where you can be happier. They don't want to fire you, since then you might have grounds to try to sue (though expensive for you, so still maybe not a good option) -- so they try to make you unhappy. You don't have to take it; don't look at it as if "they win" if you leave and so stay just to spite them. You need to take care of yourself, and find somewhere better for you; they can look after themselves.
If you feel a need to Do Something about it, you can write the VP a letter detailing what's been going on, so if they pull this on someone else, it's documented as a pattern of behavior already. It sounds like your internal company resources aren't going to help you any more than they already have, though. |
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Just Me
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contact your local labor board. Sadly many people do this when some one reports them to HR. It sounds like they want you to quit. but yes you can be marked down at a review for missing a lot of work even with a doctor's note. |
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JC
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Document everything from what was said to when it was said. If you go to your states labor board and file a complaint, you will have enough proof of their wrongdoings. They wrote you up for unexcused abscenses when in fact it was excused. They are making mistakes they wont be able to back up. |
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amanet17
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she has no right to wrongly accuse you, unfortunetly though i'm afraid this may not work out for the best for you, i would wait until they fire you because then you would have grounds to sue, they cannot legally fire you for those absesnces if you can prove that they were do to a medical illness or if you have prior consent from your supervisor.
Do not quit!!! thats what they want you to do, try to stick it out and please continue going to HR, they have to listen or request a transfer to another department. |
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