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Labor Attorney Leads? Work Place Bias & Harassment
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Labor Attorney Leads? Work Place Bias & Harassment - March 21, 2016, 11:13 PM

So, after 8 years and a recent buyout 18 months ago by another firm, it looks like the shenanigans have begun at my friend's employer.

A new Director came over from the acquiring firm a year ago and it has been clear to most that he has been slowly pushing out the incumbents so he can bring in his old team.

Standard corporate 'in crowd / boys club bullshit going on at this point.

- Suddenly after years of positive reviews and promotions, his work isn't "of standard" and he's being criticized for minor internal mistakes that everyone makes, but never reaches the client before being caught and cleaned up. His errors are being spotlighted at a level that could only be classified as biased since no one else is bothered by other workers errors prior to Q.C. and release.

- Then there's the old mindfuck game. "We told you to do XYZ as we always do", but we didn't put it writing so when you submit XYZ, we'll have selective memory and will say we said do ABC and your work is incorrect.

He has to spend endless hours documenting everything and every conversation, sending confirmation emails after each discussion to cover his butt, but this is a drag on productivity and eats time waiting for feedback.

The kicker is then they hammer him and say he's asking too many questions to which he already knows [or as a professional you should know] the answer to and ought to be "taking more of an initiative."

- The final straw was when they wrote him up for utter nonsense - missed a project deadline that had been accelerated, but was never communicated to him because they have been isolating him from meetings and communications. They put him on a performance improvement plan as a result 90 days ago - basically workplace probation - which means he's not entitled to quarterly bonuses, no privileges, no travel, no liberal leave, etc.

They were to have a weekly progress meeting to see if there were any issues or items to address - meetings were held almost every week. No complaints. He figures everything is ok.

He called H.R. to find out what the performance metrics / improvement were and how much longer he had to stay in purgatory, H.R. said there were no progress reports on file for him, and no time limit or plan - only that his Director wanted to see 'measured improvement.'
With what tools / how / in what areas, were not specifically articulated.


I told him Performance improvement plans / probation are not some manner of indefinite purgatory with arbitrary and capricious standards. They should be clearly defined, have goals, and have a set period in which those goals ought to be met or extended.

It's time to get in contact with a Labor Attorney and reach a negotiated settlement with the advice of counsel and under no circumstances attempt to negotiate anything with H.R. directly because H.R. isn't there to help employees - their purpose is to protect the company. They'll smile in your face and sell you out in a heartbeat. They are enemy - not your friend despite what they say about being pro-worker and carrying on an open door policy.


Normally he'd chuck the deuces the leave, but the Performance Improvement Plan is now on his permanent work record, just bought a house 15 months ago, and he had a son 5 months ago so he's in a tight play.



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March 21, 2016, 11:31 PM

That's the right first step. Once his lawyer contacts HR they'll be very hesitant to make any moves on him and most likely change his direct supervisor.


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March 21, 2016, 11:42 PM

What's this permanent work record you speak of? Sounds like a CarFax for employees. Never heard of such a thing.


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March 22, 2016, 12:27 AM

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Originally Posted by RileysDad View Post
What's this permanent work record you speak of? Sounds like a CarFax for employees. Never heard of such a thing.
Your work record follows you. Especially during the background and due diligence process.

N/D laws may prevent a former employer from providing 100% detail to a background checker - but they can the use enough obtuse buzz words to scuttle your hopes during the candidate review and vetting process.

H.R. knows H.R. speak.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

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March 22, 2016, 09:18 AM

Get the DC HAMMER. He fights for your rights.


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So in summary you're a little bitch, nobody believes your bitchass about anything, you look like a bitch, you sound like a whiny bitch and you've probably been a bitch for a long time.

All I want to know, how old were you when you realized you were a bitch? or did someone else have to tell you?

The only thing you can Jocky is the keyboard, so why dont you stfu Bitch
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March 22, 2016, 04:03 PM

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Get the DC HAMMER. He fights for your rights.
:lol
1-800-Dial A Suit I don't think is the strategy I want him to take here. Ambulance chasers will work on contingency only if they think a big payday is at the end of the litigation.

Ideally I told him to think fair settlement - clean separation. Shoot for a settlement through negotiated resignation vs. law suit.

A severance package including a dollar figure that isn't insulting, at least 1 year of health care and outplacement assistant / headhunter paid for by the company.

Wrap it in a bow and slap a gag order on top, then go on with life.

That's a fair deal a business owner would strike without too much acrimony since it avoids getting general counsel tied up in depositions, request for interrogatories, summons, discovery filings, etc.

As an ex-busines owner the one thing I hated more than business suits filed from externally, was dealing with personnel issues and suits stemming form internal conflicts. It's harder to fight someone who possibly knows your faux pas or items that were out of compliance during their time under employ. Some fights aren't worth the headache.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

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March 22, 2016, 04:44 PM

Quote:
Originally Posted by Heist View Post
Your work record follows you. Especially during the background and due diligence process.

N/D laws may prevent a former employer from providing 100% detail to a background checker - but they can the use enough obtuse buzz words to scuttle your hopes during the candidate review and vetting process.

H.R. knows H.R. speak.
Ah, I've never worked for a company large enough to need a dedicated HR department (or even individual ).


Quote:
Originally Posted by Fitz View Post
My wife wants to get LASIK or a boob job

She asked my opinion

I told her I have no vested interest in making her eyesight better
Quote:
Originally Posted by alex View Post
Im not really fast enough to notice a difference between tires. I buy the kind thats black and made out of rubber.

Last edited by RileysDad; March 22, 2016 at 04:49 PM..
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March 22, 2016, 07:12 PM

Quote:
Originally Posted by Heist View Post
So, after 8 years and a recent buyout 18 months ago by another firm, it looks like the shenanigans have begun at my friend's employer.

A new Director came over from the acquiring firm a year ago and it has been clear to most that he has been slowly pushing out the incumbents so he can bring in his old team.

Standard corporate 'in crowd / boys club bullshit going on at this point.

- Suddenly after years of positive reviews and promotions, his work isn't "of standard" and he's being criticized for minor internal mistakes that everyone makes, but never reaches the client before being caught and cleaned up. His errors are being spotlighted at a level that could only be classified as biased since no one else is bothered by other workers errors prior to Q.C. and release.

- Then there's the old mindfuck game. "We told you to do XYZ as we always do", but we didn't put it writing so when you submit XYZ, we'll have selective memory and will say we said do ABC and your work is incorrect.

He has to spend endless hours documenting everything and every conversation, sending confirmation emails after each discussion to cover his butt, but this is a drag on productivity and eats time waiting for feedback.

The kicker is then they hammer him and say he's asking too many questions to which he already knows [or as a professional you should know] the answer to and ought to be "taking more of an initiative."

- The final straw was when they wrote him up for utter nonsense - missed a project deadline that had been accelerated, but was never communicated to him because they have been isolating him from meetings and communications. They put him on a performance improvement plan as a result 90 days ago - basically workplace probation - which means he's not entitled to quarterly bonuses, no privileges, no travel, no liberal leave, etc.

They were to have a weekly progress meeting to see if there were any issues or items to address - meetings were held almost every week. No complaints. He figures everything is ok.

He called H.R. to find out what the performance metrics / improvement were and how much longer he had to stay in purgatory, H.R. said there were no progress reports on file for him, and no time limit or plan - only that his Director wanted to see 'measured improvement.'
With what tools / how / in what areas, were not specifically articulated.


I told him Performance improvement plans / probation are not some manner of indefinite purgatory with arbitrary and capricious standards. They should be clearly defined, have goals, and have a set period in which those goals ought to be met or extended.

It's time to get in contact with a Labor Attorney and reach a negotiated settlement with the advice of counsel and under no circumstances attempt to negotiate anything with H.R. directly because H.R. isn't there to help employees - their purpose is to protect the company. They'll smile in your face and sell you out in a heartbeat. They are enemy - not your friend despite what they say about being pro-worker and carrying on an open door policy.


Normally he'd chuck the deuces the leave, but the Performance Improvement Plan is now on his permanent work record, just bought a house 15 months ago, and he had a son 5 months ago so he's in a tight play.
I'll PM you a few contacts.


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March 22, 2016, 08:13 PM

DC has an “employment-at-will” law. An employer can terminate an employee at any time for any reason and largely without cause. Your friend will likely need to work the harassment angle, or some other breech, if they are trying to secure a payday before he gets the boot. Only other help would be if there is a written and signed employment contract that stipulates otherwise.

As an employeer I always hired folks with the understanding that they could quit any time they wanted, and the reverse was also true.

I now work as an employee for a large firm. I could walk in to the office on any day and find myself unemployed at my employers whim. They owe me for the time I work, no more, no less.


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March 22, 2016, 08:24 PM

Quote:
Originally Posted by windblown View Post
DC has an “employment-at-will” law. An employer can terminate an employee at any time for any reason and largely without cause. Your friend will likely need to work the harassment angle, or some other breech, if they are trying to secure a payday before he gets the boot. Only other help would be if there is a written and signed employment contract that stipulates otherwise. As an employeer I always hired folks with the understanding that they could quit any time they wanted, and the reverse was also true. I now work as an employee for a large firm. I could walk in to the office on any day and find myself unemployed at my employers whim. They owe me for the time I work, no more, no less.
Truth and this is why if you're in a good enough position, the severance should be negotiated before employment. May people concentrate on signing bonus.


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