Legal Experts – would my mother have a case against her employer?

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My mom has been operative a secretly owned association for roughly twenty years. Lately she’s been removing intensely undone with her employer, as she says she’s being in jeopardy with her pursuit roughly upon a each day basement (as have been a series of her co-workers).

Since she proposed operative there roughly twenty years ago, she’s been operative a same hours – 8am to 5pm, Monday – Friday with a a single hour lunch during possibly noon or 1pm. She says which newly her trainer has been melancholy to glow any a single whom refuses to come in to work early, stay late, as well as come in upon weekends and/or days off. Her trainer says which any a single who does do which is display "initiative" as well as will be some-more expected to keep their job.

My mom has additionally been called in to her manager’s bureau as well as told which she needs to work harder given she’s been there a longest as well as is a top paid representative in a office. They contend which she doesn’t take sufficient calls, though my mom got intelligent as well as for a past integrate of years has been gripping a record of all of her phones calls accomplished during work (Date, time, name of chairman she spoke to, etc.) so we consider which she’s great there. we know my mom functions incredibly hard, as does a infancy of her co-workers. Every time we stop by her bureau we possibly have to wait for for for for her to get off a phone with a client, wait for for for for her to be accomplished assembly with a client, or wait for for for for her to be accomplished assisting a co-worker. She gets to work no after than 7:30am as well as customarily doesn’t get home right away until 6ish (her pursuit is literally a 1/4 mile down a highway so it takes her all of 2 mins to get home, so we know she’s operative late).

Her trainer says which a bureau competence not be open by a finish of a year given he’s not creation sufficient income to await himself as well as all this junk. Meanwhile, he owns dual homes – a single here as well as a single in an additional state. In his alternative house, he usually got accomplished adding upon to a residence to have it bigger so which he can fly out his complete family to stay there once a month. He as well as his mom go upon vacations during slightest once each 2 months (lately it’s been a eighth month once a month). When they go upon vacation, it’s customarily to Mexico though infrequently they go out of a country. Both he as well as his mom exclude to expostulate anything though Acura’s as well as they franchise a brand new automobile during slightest once a year. Most days if he as well as his mom come in to a office, they’re left by noon, 4pm during a latest.

Now, do not get me wrong – he is some-more than entitled to have all of those things given he proposed up his association upon his own as well as he did work tough to get where is today. we usually do not consider which a approach he’s treating his employee’s (my mom especially) is fair. we do not consider it’s right for him to bluster them with their jobs. Especially my mom given she has been operative for him given he non-stop up which commercial operation – given it was usually he, his wife, as well as my mom – as well as we consider which she functions some-more than tough sufficient as well as deserves to be paid some-more than what she’s paid now.

My mom says which if he fires her, he’d improved have a great reason or she’ll sue him for prejudicial dismissal. My censure is which we know my mom is salaried (and does not get paid overtime) as well as she says which she does not have a stipulate which states she can usually work 8am-5pm; which worries me. How most of box would she have if she was dismissed for not "doing her part"? We live Florida, if which helps.

Also, can my mom have a censure with a work house about a approach her trainer is treating his employee’s?

Any recommendation is severely appreciated. Thanks.

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Comments (4)

Some situations like this, you have to consult state laws as well. I have been in HR for many years and you hear about these situations all the time. In order to solidify your case, you have to get evidence of him causing a hostile work environment. Even then, you will need to secure testimony from other workers there as well. He said She said doesn’t get very far in a court of law. It is very difficult to come up with enough evidence to pursue this situation. However, I can give her a few pointers to stop his harrassment.
These tips will make him aware of the fact that she is documenting everything. If he has even a little brain, he will correct his actions immediately.

!. (Most important) Use email as much as possible. When having face to face confrontations, take the most important details and follow up with an email to him such as… "In regards to the details of our meeting, your expectations are as follows… Then end on a note like" I will work diligently to ensure that your goals are met. I enjoy working for this company and I would never want the threat of losing my job to become a reality."

2. Document everything! No matter how tiny the detail. Not just instances with him, but also day to day duties as a back up log of goals accomplished and how it was forwarded to him for approval.

3. Never speak behind closed doors with him. Always be in the presence of an unbiased witness.

4. If it does not break company policy or state law, carry a tape recorder in your pocket and tape your conversations. Some states or companies have strict laws so make sure you follow them completely.

5. If you are serious about this, get an attorney to counsel you. Legal advice is only valid if backed by a reputable attorney.

I have been in these cirrcumstances myself and I have learned from others I have helped, you can never be too careful. I wish you the best of luck!

She may have a case for complaint but it depends on the laws in the state she works in. In some states a person cannot be required to work overtime unless they are compensated for it. The problem is, your mother is salaried, so unless she has in the past signed an employment agreement stating the hours she is to work, she may not have leg to stand on. Also, in many states now an employer can fire you for no reason. If she feels her job may be in jeapordy, she needs to consult with an attorney to find out her rights.

Regardless of her boss’s personal finances, the company could be in trouble. This is probably causing him a lot of stress. Look to the economy in general: layoffs left and right, lots of people out of work. He sees the handwriting on the wall and panics. Yes, he should be treating your mother better, but I think he is just scared and is indiscriminately lashing out. Some bosses are much worse in their abusive behavior and don’t get in trouble. I am sorry the situation is stressing your mother out, I just don’t think there is a heck of a lot she can do about it.

Rules change and unless if she is under a contract that granfathers her in from having to change with the times, Then she has no legal ground to stand on.

I’m sure your mother works hard but her employer has every right to ask for more production out of her if he feels she is slipping or his new system calls for it. Nobody is owed a job anywhere just because they have longevity there. I’m not trying to come off as being rude, I am just stating the facts.

Allow me to quote you and respond to your comment.

"Especially my mother because she has been working for him since he opened up that business – since it was just he, his wife, and my mother – and I think that she works more than hard enough and deserves to be paid more than what she’s paid now."

Longevity means nothing. Your mother is his employee and nothing more. She is no different than anyone else working there and is paid what he feels is proper compensation for the work she gives. Tell her to find another job that pays better if she feels she is underpaid.

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