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 12 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.
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