(Closed) Should I go to HR?

posted 4 years ago in Career
Post # 2
Member
910 posts
Busy bee

You are not crazy.

Before you breathe a word to HR, you NEED to talk to a lawyer specializing in labor law. HR is there to represent the company’s interests, not yours. A lawyer is Step 1. But first, gather as much relevant documentation as you can.

Post # 3
Member
8994 posts
Buzzing Beekeeper

View original reply
PSUgirl08 :  That sucks, especially since your performance review went well. It doesn’t make sense. I would be angry and confused too. Has he said anything about you going out on leave, or is it more like there’s not really any other explanation?

Post # 4
Member
11391 posts
Sugar Beekeeper
  • Wedding: June 2015

How do you know he said you weren’t a help? Do you have that in writing? Can you ask for clarification since it contradicts your review?

Post # 5
Member
275 posts
Helper bee
  • Wedding: December 2017

Lawyer. PP is right. Lawyer before HR. Also, write EVERYTHING down.

Post # 6
Member
4227 posts
Honey bee
  • Wedding: September 2015 - Hotel Ballroom

Lawyer, labour board, HR, the works…time for the big stick! This is SO not ok! I’m sorry you’re going through this 🙁

Post # 7
Member
13905 posts
Honey Beekeeper
  • Wedding: November 1999

Sorry this is happening to you!

Correct me if I’m wrong, but isn’t the law that after coming back from more than 12 weeks of FMLA, your same job is not guaranteed, just something similar that is not a demotion?  And since you’re still in a managerial role, just on a different team, it technically isn’t a demotion. 

Don’t get me wrong, it sucks regardless, but I’d highly recommend talking to a lawyer to make sure you know exactly what the law is and whether these actions violate it. 

Post # 8
Member
5083 posts
Bee Keeper
  • Wedding: December 2014

While that sucks, I’m not sure that these actions actually violate any labor laws. Have you actually been demoted or had a pay cut? What I would do is to get consult with a lawyer who is familiar with the labor laws in your area, many lawyers will talk to you for free as an initital consult. If the lawyer thinks you have a case, go from there. 

Post # 9
Member
731 posts
Busy bee
  • Wedding: October 2013

You should absolutely go to HR. It’s not about having any kind of case, it’s about you being happy and treated fairly at work. You have legitimate concerns about your supervisor’s treatment of you. Go to HR (make sure it will be confidential) with all of the facts, and as much in writing as you can, and stick to the facts when you talk to them, trying to keep emotion out of it. Decide what you want to get out of your meeting with them. Do you want to have a new supervisor or transfer to a new position within the company so that you don’t have to work with this person anymore? Or do you just want him to start treating you fairly and being more transparent? Do you want to lodge a formal complain against your boss (he doesn’t have to do anything illegal, it can be a work related complaint)? I feel like this issue isn’t necessarily a legal one, but just that HR is supposed to help employees who are not happy. 

Post # 10
Member
1996 posts
Buzzing bee

While I don’t think this situation sounds fun, I am not sure he’s done anything wrong.

While you were gone, he joined the company. He probably formed relationships with the team members that were there at the time. If they started working differently, on a new project, etc, it makes sense that he would prefer to have one of those team members as the manager on his staff, as opposed to you. You were given another management position (which doesnt sound like a demotion), so although you are not managing your old team, you are still a manager. 

If his feedback to you was that you’re a good worker, but you’re not helpful on his team, I don’t think that is super damaging to your reputation. The way I would interpret that is that you did not do anything wrong, but there is someone on the old team who is a better fit for the position. A lot can change in 5 months, so if the team/processes/projects/etc have changed, it would make sense that someone who is familiar with these things is in the management role. Because you are a good worker, they want to keep you in a management position, which is why you’re moving to the new team.

Post # 11
Member
6412 posts
Bee Keeper

View original reply
PSUgirl08 :  I would definitely talk to a lawyer.  You came back to work after what could have been 5 months, (I’ve usually heard it being 6 or 8 weeks depending on type of birth).  So make sure you understand your rights before going to HR and then talk to them after you’ve talked to your lawyer

Post # 12
Member
3441 posts
Sugar bee

I encourage you to speak to an employment lawyer in your state, before listening to the Bees tell you if your manager has done anything wrong or not. 

Post # 13
Member
1 posts
Wannabee

Lawyer bee here.  Looks like you’re in Pennsylvania, so I’m not sure what your state’s laws are.  However, pregnancy (and childbirth, etc.) are a protected class pursuant to the EEOC.  Talk to an employment lawyer in Pennsylvania and get lawyered up.  There are applicable deadlines for filing an EEOC charge, etc., so please make sure to document, document, document, and get to a lawyer ASAP.

Post # 14
Member
910 posts
Busy bee

View original reply
rusticchic212 :  With all due respect, I must disagree. I don’t mean to argue, but I think this is an important distinction for the OP and others in her situation:

HR’s job is not really to help employees who aren’t happy. Its job is to administer personnel functions while minimizing legal liability and protecting the interests of the firm/business. This is a common misunderstanding, and I’m sure it has been a tough realization for many employees to come to when they have encountered workplace issues. 

I’m hoping OP will take the advice of the lawyer bee above! Good luck, OP.

Post # 15
Member
2481 posts
Buzzing bee
  • Wedding: August 2012

HR bee here. For such a serious matter (protected class, discrimination, etc.), I would recommend consulting with a lawyer before going to HR. Here’s why: your HR department will most likely have access to a lawyer and will utilize thier legal expertise. You should do the same. Arm yourself with knowledge and approach HR assertively, yet politely. State the facts and avoid being overly emotional. It’s also a good idea to type out a timeline of significant and relevant events that support your claim. Good luck! 

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