advice for current job

audioaxes · Franchise Player Joined: 26 Apr 2004 Posts: 12573

My wife recently got a new job that has turned into a job from hell. She reports directly to a department head who joined this company after my wife got hired but before her first day and made it clear she didnt like my wife from day 1.
There's also a senior per diem employee who is my wife's trainer who directly said she would have applied to my wife's position if she knew about it. This senior employee and the department head are thick as thieves and have obviously been scheming to push my wife out so the senior can have this permanent position. They made completely BS claims to write her up on that's clearly to create a paper trail to show why she will eventually not pass probation but now it appears they may be even be trying to get rid of her before probation ends as they are giving her ridiculous daily tasks and have been implying that if she does not complete she may be terminated.
On top of that the department head is beyond rude and aggressive with my wife. It boils my blood that people would treat someone this way and mess with the livelihood of someone who has done nothing to deserve this.
My wife is looking for another job but its become a real possibility they can fire her before she can even line up something else which would then complicate her job search more.
any advice on this?
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angrypuppy · Retired Number Joined: 13 Apr 2001 Posts: 32754

You're in California? Labor laws vary from state to state. In MA, your wife would have little recourse, as the laws heavily favor the employer, to the point where they don't even need to demonstrate cause. All I can say is that your wife also needs to create a paper trail with HR, and perhaps that might give them pause before they decide to release her.

Sorry your wife is getting squeezed out, but the company set her up for failure. Many mid to high level managers prefer to hire their own staff for various reasons (insecurity, loyalty past relationships, different desired qualifications, etc.) and will find ways to kill off any inherited staffers. The person who hired your wife and her manager should have known better.

ocho · Retired Number Joined: 24 May 2005 Posts: 53796

Does the company have an HR department? Get this filed in writing.
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nickuku · Posted: Wed Aug 16, 2017 8:19 am Post subject:

From my understanding during the probation period they can let you go for any reason.

PLATNUM · Star Player Joined: 17 Dec 2002 Posts: 7124 Location: L.A.

Contact HR if there IS one, but also have her document all the BS herself.

IF they fire her , or attempt to... They will most likely have her sign some documents. She COULD refuse and just tell them to "eff off, and then just quit. But then you have to figure whether that is worth giving up on potential unemployment $$.

Does she have access to her job description or some kind of employee handbook? Maybe there is a way she can throw some of the tasks they are giving her back in their face. I'm sure these d-bags don't expect her to fight back.

Sorry you're going thru this
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nickuku · Posted: Wed Aug 16, 2017 8:19 am Post subject:

LakerSanity · Posted: Wed Aug 16, 2017 8:28 am Post subject:

Limited to the information you've provided in your post, it doesn't sound like there is a legal claim. Sounds like a political problem. Maybe the best bet is to write a letter to HR laying it all out exactly how you have done. In my experience, however, what you've described is not going to end well. When people senior to you in your office want a result, its really hard to stop them from getting it unless you can find a way to somehow align with people senior to them.

One suggestion is to take a look at the employee handbook. Technically, that's an implied contract. If they've violated any of their own policies as to your wife, that should be pointed out to HR as well. That may not give rise to a breach of contract claim, but, at the least, it may give rise to the threat of one.
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22 · Franchise Player Joined: 05 Apr 2013 Posts: 17063

First off sorry you & your wife have to go through this. My friend has a terribly toxic work environment right now as well so I can relate.

I pray she gets an even better job offer so y'all don't have to deal with this at all

ocho · Retired Number Joined: 24 May 2005 Posts: 53796

audioaxes · Franchise Player Joined: 26 Apr 2004 Posts: 12573

yes this is in California and a non-unionized at-will position. Also this job does have a HR department. We were trying to look into getting HR involved if only to buy more time until she gets another job but at the same time we are concerned with them trying to spread lies to potential future employers. We are thinking either way she wont either way she wont list this job on her resume and just dance around a 1-2 month unemployed gap she should have.

And what really sucks is she had a stable job that actually paid a little more and only went here for better commute and working hours.
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sickside323 · Posted: Wed Aug 16, 2017 10:02 am Post subject:

audioaxes · Franchise Player Joined: 26 Apr 2004 Posts: 12573

she is definitely not trying to work here even if they want her to at this point. Its just a matter finding out the best way to get another job lined up with all this going on.
Is an employee allowed to require HR to not give any additional info about themselves besides start+end date to any other employers?
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angrypuppy · Retired Number Joined: 13 Apr 2001 Posts: 32754

audioaxes · Franchise Player Joined: 26 Apr 2004 Posts: 12573

is it really true that when you get fired you can simply say right then "no I resign" to prevent a termination from being on your employment record?
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angrypuppy · Retired Number Joined: 13 Apr 2001 Posts: 32754

audioaxes · Franchise Player Joined: 26 Apr 2004 Posts: 12573

I dont think she qualifies for unemployment since she has only been there for a month
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lakerjoshua · Posted: Wed Aug 16, 2017 12:23 pm Post subject:

hoopschick29 · Posted: Wed Aug 16, 2017 1:19 pm Post subject:

lakerjoshua · Posted: Wed Aug 16, 2017 6:52 pm Post subject:

Also, you mentioned she had taken a full time position and noting one of her tormentors is a 1099/contractor or something? If this is the case then when they offered the job there was an assumption on the employers part to have her there long term, vs. as a temp or contractor. If this is the case, and your wife passed on other offers to take the position, also based on the same assumption, it would make a separation package even that much more likely. Especially if she's documented the harassment and attempts to force her out.

In short, in no way should she quit until she's found another job. Make them fire her.

Might I ask what type of work this is?

ringfinger · Retired Number Joined: 08 Oct 2013 Posts: 29418

I wonder why they don't just let your wife go. In CA, employment is generally at-will. I guess they do the paper trail thing to cover themselves but unless they do something to break the law, your wife is stuck I think.

I mean, I think it is perfectly legal to not hire someone because you don't like them. It's crappy, but legal.

Omar Little · Posted: Wed Aug 16, 2017 8:44 pm Post subject:

LakerSanity · Posted: Wed Aug 16, 2017 8:48 pm Post subject:

Quitting a job is irrelevant for unemployment benefits if you can prove that either way you were going to be out of a job for reasons other than cause. You can also receive unemployment benefits even if you quit if you can prove that the conditions of your employment were harmful or unsafe to your physical or mental well being, or if you were being subjected to or asked to perform unlawful activity.

Most employers will not defame you to prospective employers or else fear the risk of a defamation lawsuit.
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hoopschick29 · Posted: Thu Aug 17, 2017 9:00 am Post subject:

unleasHell · Posted: Thu Aug 17, 2017 4:57 pm Post subject:

This is a DISCRIMINATION or HOSTILE WORK ENVIRONMENT ISSUE

I'm in California and can tell you exactly what she needs to do.

FIRST: Read up on everything you can on the official Cal. Labor website.

LINK: https://oag.ca.gov/publications/womansrights/ch1

NEXT: Document everything that has been done to her and by who that fits under the descriptions.

NEXT: Have her call in sick, stating that she is having some stress related work issues issues. She may need to visit the doctor and get him/her to document the stress related issues.

NEXT: Take that document into her HR Dept and tell them that she will be filing a complaint with the state of California UNLESS she is moved out from under this boss with equal pay and similar work.

Depending on the companies reaction, she may need to file the complaint, it will absolutely be investigated by the state and she may get her job back or be able to settle for one years pay (that is not a rule, it's just something that could happen).

REMEMBER: It is not about what they actually do, it is how your wife perceives their actions.

Do a search on the internet, there are dozens of lawyers who would love to take this case and make them pay...
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gumby · Posted: Thu Aug 17, 2017 6:32 pm Post subject:

This all sounds like you some legal help.

I am not a lawyer but you should get one ASAP.

Bye.
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