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Old 08-14-2020, 09:59 PM
 
28 posts, read 18,191 times
Reputation: 17

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No that’s not true , I’m not sure if you are familiar with employment law , but bad negative reviews are used as a means for an employer to cover themselves , if that’s the case why wasn’t a written up or given any verbal warnings . I didn’t start getting negative performance reviews until I went to the Executive Director , to make a complaint against Managed A , and asked for a transfer in 2017 , that’s when things got worse . I didn’t say anything in between that time , because I didn’t be retaliated against or fired . I ve seen them
Do this too other people so I just sucked it up . Gosh , I’m not lying , the blog was used as a means to get advice , it’s a form of contemporaneous notes which show what I was going through BEFORE the PIP and BEFORE the performance evaluations


Quote:
Originally Posted by ss20ts View Post
What you post on a blog is meaningless. You can say anything on a blog and it doesn't mean it's true. You could say you're a purple pancake covered in hay with a frog on top. Doesn't mean any of that's true.

Your performance reviews are proof your performance issues. Being in a PIP is proof of your performance issues. You don't know what documentation the company has against you. It's your word against theirs. You have to have extremely solid evidence to prove they're in the wrong. You had a bad review and a PIP so I have no idea how you think you don't have performance issues. Sounds like you need to brush up on FMLA. It's not so you can just go visit people nor does it apply to all companies or positions.

 
Old 08-14-2020, 10:04 PM
 
28 posts, read 18,191 times
Reputation: 17
And the same argument can be made about a performance review , employers know they have to keep a paper trail so they use performance evaluations and PIPs to cover themselves , to make it seem like they are trying to work with the employee on “performance issues “ I think the real documentation would come in write ups , documentation of verbal warnings , journal notes or something like that to document performance issues , which is what they lack . Sure they are at will , but if I told HR back in 2017 , of harassment and hostile work environment, and I had major depressive disorder and ignored me , thats the issue , so they knew they messed up and tried to cover themselves with a performance evaluation. They messed up because , come to
Find out they altered my performance evaluations and lied on a interrogatory, which means they are hiding something ... if I was truly a bad employee, why would they need to do that by committing forgery and lying under oath

Quote:
Originally Posted by ss20ts View Post
What you post on a blog is meaningless. You can say anything on a blog and it doesn't mean it's true. You could say you're a purple pancake covered in hay with a frog on top. Doesn't mean any of that's true.

Your performance reviews are proof your performance issues. Being in a PIP is proof of your performance issues. You don't know what documentation the company has against you. It's your word against theirs. You have to have extremely solid evidence to prove they're in the wrong. You had a bad review and a PIP so I have no idea how you think you don't have performance issues. Sounds like you need to brush up on FMLA. It's not so you can just go visit people nor does it apply to all companies or positions.
 
Old 08-14-2020, 10:18 PM
 
28 posts, read 18,191 times
Reputation: 17
I asked twice for reasonable accommodation, in 2017 and during the meeting in 2019 , I really disclosed my condition so so can I report under someone else , because Managed A was a terrible manager , I didn’t feel like she was gonna give me a fair chance on the PIP or even in general ..it really wasn’t to save my job .. I didn’t really care if I got fired or not I was over it at that point ..
She came over to my desk questioning me about my medical condition in front of other employees , This lady was trying to humiliate me so I didn’t work under her or be around her , that was the real reason I asked for reasonable accommodation
 
Old 08-15-2020, 06:35 AM
 
13,030 posts, read 9,328,510 times
Reputation: 35405
I'm sorry, but your story comes across jumbled and confused. In your first post you said you had a meeting with your management who told you that you would be put on a PIP in 2018. You said you that it was then that you told them of your condition and "went home and emailed HR asking for a reasonable accommodation." Then later on you said you asked in 2017 and 2019.

Now in your last post, you said the real reason you asked for accommodation was "... so I didn't work under her or be around her." What this says is you aren't claiming your disability as the reason you couldn't do your job, but as the reason you want a different supervisor.

I'm not judging the validity of your claims, but saying that your story doesn't come across very well. Your attorney is going to have to drill you a lot better on presenting your story. Ultimately this will really come down to whether the company decides it's cheaper to pay your lawyer for you to go away or cheaper to pay theirs. A cold financial calculation on what's the risk to their bottom line.
 
Old 08-15-2020, 07:19 AM
 
28 posts, read 18,191 times
Reputation: 17
Yeah I’m typing this on my phone and it’s very complicated so It May come off a little confusing ..but basically in a nutshell , I was bullied and harrassed during my employment from 2016 -August 2019 . in August 2017 , I made a complaint against Manager A , in 2017 , to Manager A boss , manager A boss , to formally ask for a reasonable accommodation, asked to be transferred , the request was ignored . The harrassment and hostile work environment continued .. performance was effected , was put on a PIP April 2019 , Asked for another reasonable accommodation in March 2019 , and was terminated in August 2019, of course there’s a lot far and between , that’s the short version


Quote:
Originally Posted by tnff View Post
I'm sorry, but your story comes across jumbled and confused. In your first post you said you had a meeting with your management who told you that you would be put on a PIP in 2018. You said you that it was then that you told them of your condition and "went home and emailed HR asking for a reasonable accommodation." Then later on you said you asked in 2017 and 2019.

Now in your last post, you said the real reason you asked for accommodation was "... so I didn't work under her or be around her." What this says is you aren't claiming your disability as the reason you couldn't do your job, but as the reason you want a different supervisor.

I'm not judging the validity of your claims, but saying that your story doesn't come across very well. Your attorney is going to have to drill you a lot better on presenting your story. Ultimately this will really come down to whether the company decides it's cheaper to pay your lawyer for you to go away or cheaper to pay theirs. A cold financial calculation on what's the risk to their bottom line.
 
Old 08-15-2020, 07:39 AM
 
Location: Wonderland
67,650 posts, read 61,768,113 times
Reputation: 101167
It do look bad. But lots of things look bad.
 
Old 08-15-2020, 09:55 PM
 
3,402 posts, read 1,885,820 times
Reputation: 10576
Quote:
Originally Posted by Lillie767 View Post
you'd have an uphill battle with me on a jury.
Me too.. sounds too complicated.

I would NOT die on this hill!

Get another job.
 
Old 08-16-2020, 04:47 AM
 
3,879 posts, read 2,418,340 times
Reputation: 7447
Quote:
Originally Posted by Missunderstood2020 View Post

How do this all look , so I have a strong case , or do I have uphill battle .
Sorry you had to go through all this.

I'm not an attorney, but I can tell you what I would do. I would update the resume, gather the best references from non-supervisors from the previous job and other places, and go find a better company and job.

I would drop the lawsuit, and I will explain why. Most attorneys because there isn't enough work for all of them out there, are going to tell you, that you have a case. And provided you continue to pay their hourly fee they will work on this case. Cases can drag on for years. And the company has unlimited resources compared to most individuals. And it costs the management nothing, the company pays for the whole thing. This can be a very stressful situation, which has no guarantees of a positive outcome. Even if you had a good outcome, do you really want to spend all your money and effort living with this for the next few years?

I know this is easy to say, but I would move on. There are some terrible companies out there, and people with bad experiences should warn others on places like Glassdoor. But there are also some very good companies that don't treat people like this. Don't think you are the first one to have management lie about your performance, or back date memos, etc. Do your homework to find a better place to be.
 
Old 08-16-2020, 04:52 AM
 
3,879 posts, read 2,418,340 times
Reputation: 7447
Quote:
Originally Posted by elnina View Post
It's really bad that someone would get depressed after being harassed by a boss, but didn't look for another job.
After one became a prey, things usually never change for the better.
Don't drag it any longer. Life is too short...

It will be a long battle with their corporate lawyers.
From a friend I've talked to who suffers from depression, he's told me when you aren't feeling well, it is hard to distinguish between simply feeling depressed or the situation is just wrong.

I agree, I don't think the OP should have any further dealings with the toxic management from this former employer in any way, and that includes dropping the lawsuit.
 
Old 08-16-2020, 05:50 AM
 
51,822 posts, read 26,173,407 times
Reputation: 38147
Quote:
Originally Posted by tnff View Post
I'm sorry, but your story comes across jumbled and confused. In your first post you said you had a meeting with your management who told you that you would be put on a PIP in 2018. You said you that it was then that you told them of your condition and "went home and emailed HR asking for a reasonable accommodation." Then later on you said you asked in 2017 and 2019.

Now in your last post, you said the real reason you asked for accommodation was "... so I didn't work under her or be around her." What this says is you aren't claiming your disability as the reason you couldn't do your job, but as the reason you want a different supervisor.

I'm not judging the validity of your claims, but saying that your story doesn't come across very well. Your attorney is going to have to drill you a lot better on presenting your story. Ultimately this will really come down to whether the company decides it's cheaper to pay your lawyer for you to go away or cheaper to pay theirs. A cold financial calculation on what's the risk to their bottom line.
Indeed.

Also, the process of arranging reasonable accommodations for a disability involves more than crying to a manager about needing a new supervisor.

Generally, there's a physician's evaluation, sometimes a vocational job site eval, and always HR paperwork.
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