Hostile work environment? (Follow up question)

This is a discussion on Hostile work environment? (Follow up question) within the Employment and Labor Law Questions forums, part of the Legal Questions & Answers Forum category; I am wondering if a situation that I described in a previous thread qualifies as a hostile work environment. Basically, management has taken undue actions against me, writing me up ...

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    Hostile work environment? (Follow up question)

    I am wondering if a situation that I described in a previous thread qualifies as a hostile work environment.

    Basically, management has taken undue actions against me, writing me up for violating a policy I didn't break and committing an act I didn't do in order to create a harsh situation for me in retaliation for reporting their policy violations. They have not taken any actions against me that violate any of the usual protections for protected classes (Race, gender, etc.) however it is quite clear the goal is to set the stage for the termination of my employment. Does that constitute a harsh working environment?

    Thanks.


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    Here is a definition I found for a hostile working environment

    The other way a hostile work environment may be defined is when a boss or manager begins to engage in a manner designed to make you quit in retaliation for your actions. Suppose you report safety violations at work, get injured at work, attempt to join a union, complain to upper level management about a problem at work, or act as a whistleblower in any respect. Then, the companyís response is to do all manner of things to make you quit, like writing you up for work rules you didnít break, reducing your hours, scheduling you for hours that are in total conflict with what you can do, or reducing your salary. The companyís reaction can be viewed as creating a hostile work environment, one that makes it impossible to work and is an attempt to make you quit so that the employer does not have to pay unemployment benefits.

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    Many employers function in hostile work environments. That does not make it illegal. Employers will not usually make allegations they can be sued for, however, if they feel they can substantiate something, they are free to make claims, assuming the liability for backlash.
    Last edited by Disagreeable; 02-15-2012 at 01:39 AM.

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    What if they are making up allegations they know to be false and punishing me for them? I understand that it may not be illegal but do I have any options if an employer demonstrates a penchant for retaliating against an employee reporting policy violations by issuing corrective actions they know to be under false pretenses?

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    Your best bet is to consult with a few local employment attorneys. If they are unwilling to take your case, there is probably a good reason for that. Cases like this are always hard to prove.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

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    Cool. Thanks for the advice.

    I have pretty solid proof that management fabricated the allegations and were aware that they were fabricated. I guess the remaining question is whether or not lying about employee conduct in order to write them up is a violation on any legal grounds?


 

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