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  1. #1
    Join Date
    Jan 2006
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    Default Re: Can an Emplyee be Fired for Seeming Unhappy With the Workplace

    What you feel is irrelevant but besides that, what you describe is not ILLEGAL harassment, even if you could convince somebody it is harassment. Her boss can make her clean toilets with a toothbrush if they want but that is not illegal harassment

  2. #2
    Join Date
    Mar 2012
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    1,360

    Default Re: Can an Emplyee be Fired for Seeming Unhappy With the Workplace

    This is debateable. Changing an employee's job duties especially like what you suggest sets the stage for constructive discharge. An employee not employed in that capacity would have every right to say, "no," and collect unemployment. Depending on the motivation for the change, that starts to look like wrongful termination.

    Quote Quoting jk
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    Her boss can make her clean toilets with a toothbrush if they want but that is not illegal harassment

  3. #3
    Join Date
    Jun 2006
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    Default Re: Can an Emplyee be Fired for Seeming Unhappy With the Workplace

    Unless there is a very real reason to believe that the adverse treatment is based in a characteristic protected by law, NO, there is no wrongful termination. It takes far more that collecting UI (and I don't believe anyone suggested that UI was not a possibility) to create a wrongful term.

  4. #4
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    Default Re: Can an Emplyee be Fired for Seeming Unhappy With the Workplace

    Quote Quoting chyvan
    View Post
    This is debateable. Changing an employee's job duties especially like what you suggest sets the stage for constructive discharge. An employee not employed in that capacity would have every right to say, "no," and collect unemployment. Depending on the motivation for the change, that starts to look like wrongful termination.
    sure there is a good possibility of collecting UI but in itself, it is not illegal and would not allow the basis for any legal action against the employer. It would take a lot more than the fact I made you scrub toilets because I just didn't like you and well, somebody has to do it and I choose you.




    Of course if there was an underlying protected class that was the reason, that is a totally different situation.

  5. #5
    Join Date
    Dec 2012
    Location
    Atlanta, Georgia, United States
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    202

    Default Re: Can an Emplyee be Fired for Seeming Unhappy With the Workplace

    Quote Quoting Leia
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    I feel as my friend is being harassed. She sent an email to HR a few weeks ago about her supervisors making her do little jobs like cleaning their personal dishes after lunch. After letter went to HR things calmed down and she was able to do her job once again til about two weeks ago they once again got on her again. I am not sure if she can do anything but justt go to work until they fire her but once again she has been their a loon time
    leia
    Getting into your feelings about an unfavored action does not always warrant legal recourse, especially for matters like this one. The only thing your homegirl can do is to keep her job until she is fired/discharged for an optional reason that is not misconduct on herself is to keep doing the healthy and legal things she is asked/told to do. Best luck to you and her.

    - - - Updated - - -

    Quote Quoting jk
    View Post
    What you feel is irrelevant but besides that, what you describe is not ILLEGAL harassment, even if you could convince somebody it is harassment. Her boss can make her clean toilets with a toothbrush if they want but that is not illegal harassment
    Or make her shovel dog crap and put it in her pants. Either way, this type of action is clearly legal under the at-will doctrine.

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