QUESTION
Is it legal for an employer to drive you to leave employment or a position?
Asked on Apr 20th, 2014 on Labor and Employment - Michigan
More details to this question:
I worked as a department manager. I think they were trying to force me out of the position because I had asked many times and let them know that I didn’t have what I needed to run the department as a manager should, like options to access portions of the computer to do as needed. They would never give them to me but turn and try and coach me on my department because thing were behind and not as should be. I had to quit from anxiety from the pressure caused by this. Can they do that? I have many people to witness this and advise me to seek legal options. Thank you for your time.
5 ANSWERS
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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Can an employer dissatisfied with an employee's performance refuse that employee computer access and encourage the employee to resign? Yes. If the employer did not want you there and you were both very unhappy, why fight this? IF YOU can show prove with clear, convincing evidence, preferably in writing that the employer unfairly criticized you, reprimanded you for actions you never took, punished you for things that never happened, laid you off while people with less seniority were permitted to remain on the job... THEN you would have had a Psychiatric Injury Workers Compensation claim. BUT workers comp claims filed after you leave the company are presumed non-compensable; post-termination claims are routinely denied then found at trial to have been submitted too late. One exception to post-termination workers comp claims is evidence in your medical charts clearly proving a work injury existed and was reported to the doctors as a work injury PRIOR TO the separation date;? if you medical chart notes prove you had a psychiatric WORK injury that you purposefully avoided filing, you might be able to show that to a Workers Comp judge and pursue a psychiatric workers comp injury trial. That said, do you think it is a good idea to have a permanent psychiatric disability on your public record for future employers to discover?
Answered on Apr 23rd, 2014 at 6:31 AM
Based on the facts you state, I see nothing illegal under GA law. Employers are free to terminate or run off workers they believe to be not up to their standards. They run the company, not the employees. Not all discrimination is illegal in GA.
Answered on Apr 23rd, 2014 at 5:58 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, they can. As long as it was not because you are a member of a protected class, the company has the right to run the way it wants to run.
Answered on Apr 22nd, 2014 at 10:47 AM
Unfortunately, your employer can treat you like that unless it may be illegal such as a protected-class reason such as age-40 years, race, sex or disability. I suggest that you contact an attorney.
Answered on Apr 21st, 2014 at 7:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I do not believe you have defined a cause of action.
Answered on Apr 21st, 2014 at 7:33 PM