NT Lawyers, come hither

[thytkerjobs]

[CoolStory] So. I been at my job for 2 years now. I work in an independent living facility for senior citizens. About 4 months ago, 4 employees just up and quit, leaving only 2 of us, because they were fed up with the management company that manages our property. The management company hired 4 new people immediately, so it's them and then myself and the 1 other OG staff member. It's blatantly obvious that the new manager has formed an alliance with all the new staff, and hates myself and my fellow OG (Julia). Last month, manager wrote up Julia based of hearsay from 1 of our residents. Julia refused to sign the write-up, and wrote a letter to our management company. Today, I just got written up for hearsay. I, too, refused to sign and have written a letter to our management company. Neither of the incidents we were written up for were brought to our attention prior to write-up. She just listens to the hearsay, then writes us up without asking our side of the story. 3 months ago, we had our annual performance reports. Mind you, that was only ONE month into new boss's term. How she can give us an accurate ANNUAL performance report off 1 month of having her position is beyond me, but she gave myself and Julia both "Improvement Needed." No legitimate stuff to back that, and prior to that both of us had perfect records. [/CoolStory]

So. Advice? Is there a way to take legal action? None of our cries for help are being acknowledged by management, and we only get 1 write-up before "termination." Therefore, next time there's hearsay - we're terminated.

 

[moneymike88]

try calling/speaking with higher ups instead of writing letters(?)

 

[reener]

HR?

 

[thytkerjobs]

I'm trying to keep a paper trail of all this, but I did have a meeting with the HR manager as well, who basically brushed me off and offered no advice/solutions.

 

[keithsweatsjordans]

I'm in law school so not really a lawyer per se, but I'll do my best to help. Without knowing the by-laws of your employment contract/agreement that most companies have, its hard to say whether the actions of your new manager constitute a breach of said contract, whether implied or written. To me it sounds like it does, especially the hearsay and annual review which clearly cannot be true annual reviews, but again, it depends on the term of your employment contract. My advice at this point would be to let them know you feel you're being wronged and make them aware that you are willing to lawyer up if need be, but do this in the least adversarial way possible so that they don't get defensive. If that doesn't work, you may just have to pony up and really get a lawyer. Depending on what state you live in, you may be able to find a contingency employment lawyer who will only charge if you win the suit. (These types of arrangements are illegal in some states so make sure your lawyer isn't breaking the law by doing so.)

 

[Mound Raised]

the people you've writen letters to, have they responded?
is there anyone above new management u could verbally speak to?

 

[2o6]

be my girlfriend. ill make sure you never have to work another day in your life.

 

[thytkerjobs]

Originally Posted by moundraised23

the people you've writen letters to, have they responded?
is there anyone above new management u could verbally speak to?

How it works is, the manager that's in my building is who I report to directly. She's been here 4 months, she's the one I'm having all the issues with. She answers to a management company, who I've contacted directly. They completely ignored Julia's email, and my 1st email received this reply: "Thank you for bringing this to my attention." Tis all. There is no one above them.

I'm in law school so not really a lawyer per se, but I'll do my best to help. Without knowing the by-laws of your employment contract/agreement that most companies have, its hard to say whether the actions of your new manager constitute a breach of said contract, whether implied or written. To me it sounds like it does, especially the hearsay and annual review which clearly cannot be true annual reviews, but again, it depends on the term of your employment contract. My advice at this point would be to let them know you feel you're being wronged and make them aware that you are willing to lawyer up if need be, but do this in the least adversarial way possible so that they don't get defensive. If that doesn't work, you may just have to pony up and really get a lawyer. Depending on what state you live in, you may be able to find a contingency employment lawyer who will only charge if you win the suit. (These types of arrangements are illegal in some states so make sure your lawyer isn't breaking the law by doing so.)
Thanks. I will try and get a copy of everything I signed when I first started to see if that has any answers. Hopefully FL has that pay only if you win arrangement.

be my girlfriend. ill make sure you never have to work another day in your life.
but i like working though

 

[stixx]

I'm assuming you don't have a union...I'd put pressure on the higher ups about this...considering you've been there for 2 yrs & never had an incident. If u speak to the new manager...is there anyway to get that written removed? Ask for proof of w/e it was that you got written up for. Prove that there is no merit behind it. & like u said...keep a paper trail for EVERYTHING. Good luck

Sidebar - looks at your name...then reads story again...irony is a mutha #^*&(!

 

[thytkerjobs]

Originally Posted by Stixx

I'm assuming you don't have a union...I'd put pressure on the higher ups about this...considering you've been there for 2 yrs & never had an incident. If u speak to the new manager...is there anyway to get that written removed? Ask for proof of w/e it was that you got written up for. Prove that there is no merit behind it. & like u said...keep a paper trail for EVERYTHING. Good luck

Sidebar - looks at your name...then reads story again...irony is a mutha #^*&(!

damb.

Another resident who was present during the alleged incident said that he'd back me, and tell management that I was completely appropriate and not out of line. Funniest part is, resident who made up this BS story has a history of lying about stuff here. This is all crazy to me.

I appreciate the replies guysss <3

 

[2o6]

okay <3we'll just have a lot of money to spend. can we be in some sort of relationship on facebook?

 

[aquagrape2345]

You have made a paper trail, and have contacted HR correct. Now are you a unionized employee? If you are contact your union, but if you are not then what I would suggest is to file a grievance.