Employee Rights???
At my office we are having our yearly review & raise, a co-worker has been the only one to recieve theres yet. Our manager was accompanied by another higher ranking 'manager' He is actually a doctor and they refused to give her a raise and said they were puting her on a '90 day probation' for her bad attitude and the way she refused to perform certain duties.
Yet she has done all her work and was graded high on that and has been doing our managers dropped work and only refused work because there was too much on her hands which another employee has refused work also w/out having too much and was allowed not to.
Also the worker who is on probabtion never had any write ups what so ever in her 7 yrs working here.
My question is, is this legal? Without any form of documentation can they do this to her? Is there a website that she can pull legal documents that they cannot do this? We live in Wake County North carolina.
Thanks
Answers:
It sounds as if what they are doing is "starting a paper trail" a common tactic with the eventual goal of probably terminating her under the premise of "non-performance of duties" or some other contrived reason. I am not a lawyer, however I have extensive experience combating an abusive employer for many years which happens to be a local government entity. It does not sound as if what they are doing is illegal, unless they take some detrimental action that is discriminatory in nature and can be proven (IE. termination, demotion etc.). I think you may be living in a right to work state and probably not unionized, hence people in this office would probably be classified as "at will employees" (as opposed to "just cause employees") this essentially means that an employer does not need a reason to terminate an employee and hence the term "at will". I strongly recommend documenting EVERYTHING (paper copies of notes, memos, e-mails, conversations, etc.), avoiding verbal orders "AVO", doing what is asked of you when the requests are "legal" and "REASONABLE" (a standard almost always used when judging an action etc.), keeping a daily journal with a with a consistent pattern of daily entries for an extended period of time like 60 days, 90 days, etc. There are obviously many variables here that can effect what will happen, I hope I have helped in some way.
I recommend the website: http://employment.findlaw.com/. This is an excellent site and contains lots of very good information. It may also be insightful to look at information on this site pertaining to employers rights and potential actions so that you can perhaps anticipate or preempt your employers actions. Addi tonally I would research applicable laws and statutes on U.
It is definitely legal. Your friend isn't telling you everything. Perhaps, she needs to re-read her job description.
She may be "gone" in 90 days.
At Will
In North Carolina, employees are presumed to be at will. At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. However, in North Carolina, the mere fact that an employment contract is in writing is not sufficient to overcome the presumption that the employment is at-will. To overcome this presumption, an employment contract must directly limit, in a meaningful and special way, the employer's right to terminate the employee without cause. In other words, the employer has to unequivocally indicate that it will not terminate the employee except under specific circumstances.
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