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  1. #1
    Join Date
    Jun 2010
    Posts
    2

    Default Transfer Retaliation

    My question involves labor and employment law for the state of: California

    I have several problems, but the 4th one is the biggest:

    1) The light switched don't work in my office. The overhead lights work just fine, but the on/off switches don't work (for the last 3 months) so I have to work i the dark. I have asked that they be fixed, but my employer told me it would cost too much money to replace them and gave me a very small low wattage desk lamp instead. There are no windows in this office, so it is very dark which is a strain on my eyes and quality of work.

    2) When they were recruiting me for this position they provided me with a job description of internal relations and marketing. Once I actually started working, it turned out my responsibilities are exclusively data entry for accounting.

    3) I have had 4 different supervisors in the 9 months I have worked here, all with different policies and ideas of what my schedule should be. One of the supervisors propositioned my with illegal drugs while at work.

    4) Because this job is not what I was hired to do, I requested for a transfer to a different department. Ever since my current supervisor found out about the transfer request, she has been treating me poorly; denied PTO, submitted a written warning in my HR file for being 1 minute late, assigned me to remedial job duties, etc. She even called me into her office for an unscheduled performance eval stating my performance is unsatisfactory and I am in danger of being terminated. When I asked her for specifics, she said it is just an all around problem. The thing is, she just gave me my scheduled yearly performance eval 3 months ago (prior to hearing about my transfer request) and gave a very high score with very flattering comments.

    The hiring manager of the department I wanted to transfer to told me I was first choice for her open position, but she had to talk to my current supervisor as a reference just as a formality. After speaking with my current supervisor, the hiring manager of the other department told me she was retracting the transfer and I did not get the job.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Transfer Retaliation

    So what's your question, exactly?

    It's legal to not have your office up to your specs, change your job duties, change your supervisors, change your schedule, deny your PTO, discipline you for tardiness and poor work performance, and deny your transfer request.

  3. #3
    Join Date
    Jun 2010
    Posts
    2

    Default Re: Transfer Retaliation

    The thing is my performance is not poor. It is the same as 3 months ago when I got a great performance eval. My supervisor claimed this after the transfer request, with no proof or specifics, which resulted in me not getting the transfer and remaining on her team. Also, the tardiness was ridiculous. A written warning for 1 minute late?!?! This is all retaliation for wanting to transfer to a different team. I guess what I am asking is, is retaliation illegal?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Transfer Retaliation

    A written warning for 1 minute late?!?!
    Late is late. Your employer doesn't have to give you a grace period.

    No, it's not illegal for your employer to be a pain in your tail about wanting a transfer.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,495

    Default Re: Transfer Retaliation

    SOME forms of retaliation are illegal. However, this is not even close to one of them.

  6. #6

    Default Re: Transfer Retaliation

    I disagree, if your company has an anti-retaliation policy than you may have a case, or the company may settle just to make you go away. Where I think you have the case is where you had a high performance, than you put in for a transfer, than your supervisor used that as a means to discriminate against you. Your case is close if not there.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,495

    Default Re: Transfer Retaliation

    Oh, please. This is not even close to illegal retalition no matter what kind of policy the employer has.

    Show us even one statute that requires the employer to provide a transfer on request.

  8. #8

    Default Re: Transfer Retaliation

    They don't have to accept it but they cannot factor in his complaint to make the decision. If what he is stating is accurate, there are lawyers who will probably take this on contingency. Sorry, that is just reality, do you realize jurors aren't always interested in the exact application of a law, but more the intent?

    This is retaliation and many states have laws that respect an employers company policy of non-retaliation. Im sure as an HR manager that drives you crazy, but don't put that kind of stuff in your company policy if you don't mean it. I could show you several cases with desirable outcomes for the plantiff and you'd see that and probably argue the law was misapplied right?

  9. #9
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Transfer Retaliation

    No reputable attorney is going to take a case on contigency unless believes he has a VERY good chance of winning an amount where his percentage will more than cover his costs and make him a profit.

    A fly-by-night attorney will charge the OP a few hundred dollars an hour with no guarantee of even a chance of winning. After all, it's a good way to make a few thousand bucks, right?

    An employer sued for a reason like that would ask for summary judgment, and he'd almost certainly get it.

    OP, simple solution to the lights problem; bring in your own desk lamp. Easy-peasy.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,495

    Default Re: Transfer Retaliation

    Show me the law that prohibits an employer from factoring in complaints about non-working light switches, etc., into making transfer decisions.

    Patty, we have us here another one who assumes facts not in evidence and then makes further assumptions based on those non-facts.

    Here, she is ASSUMING that there is an anti-retaliation policy in a handbook that she ASSUMES exists.

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