If my HR Director is harassing me, what actions can I take to protect myself?

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If my HR Director is harassing me, what actions can I take to protect myself?

My HR Director has told my co-workers that she has “made it her main goal to make sure that I get fired”. I am a hard worker and I do my job well; I have received a raise which she told people that she does not agree with it.

Asked on April 17, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, you may not be able to do anything to protect yourself: the law does not prevent employers, as a general matter, from either directly and simply terminating employees, or from making work so unpleasant they quit; or anything else of that nature, including one manager trying to get upper management to approve of terminating an employee. The only exceptions--the only times the employer cannot do this--are:

1) If you have an employment contract; if you do, you may only be fired in accordance with its terms.

2) If you are being discriminated against or harassed due to a specifically protected characteristic, the main ones of which are (under federal law) race, religion, age over 40, disability, or sex.

3) You are being retaliated against for having used a protected benefit, like FMLA leave, or for having brought a protected claim, such as for overtime or that you were suffering discrimination.

Apart from the above, however, your HR director may make it her goal to get you fired.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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