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Its unlikely shed get a good reference from this douche. Seriously, if shes willing to fire her behind her back, she is likely towing the company line, which will sound something like
"Sunnychantal had a history of absenteeism which made her unreliable and as a result we had to assign her projects to other people"
In Australia a reference is only allowed to be on the person's ability to do the job.
For example, I obtained no reference from my last job of 4 years. It is deemed unnecessary as the fact I held the job for so long confirms my ability to do it.
An employer who states a "history of absenteeism" is a judgement. Some would call a "history", more than half a day a year. Some would call more than 19 days a year "history". Is the absenteeism due to a real medical issue, in which case the previous employee sniping about absenteeism smacks of discrimination. Any personal opinions/judgements are not only subjective and irrelevant, they are also illegal. Saying a person is UNRELIABLE is a judgement - if they were that UNRELIABLE you would've sacked them. If you did not sack them, they are clearly doing their job, therefore any extra opinions are just that, opinions. Saying something like that in Australia (especially when the facts prove otherwise) would open an employer to potential legal action from an employee for slander. There are also potential legal repercussions to saying someones fabulous, good, or great, and that person goes on to, say defraud their new company, or even prove to be completely useless. Anyone who has supplied a "good" reference is liable legally for recommending that person.
For this reason it is becoming common company practice to refuse references to any employees, current or past. Your resume is what they hire on. You are also provided with an employment confirmation statement. References are viewed as subjective, and pretty much just to confirm you are who you say you are, and have worked where you say you've worked. Most employers do not even bother to read them these days, they are rarely accurate anyway.
It's really gonna put a crimp in my life to get a new job now. First of all, I've EARNED more PTO (paid time off) through years of service than I will be able to get in a new job. Second of all, my husband and I were going to buy a house in the suburbs. New job looks less stable. Third of all, we have already paid for an expensive vacation slated to take place at the end of August. It sucks. Should I start documenting a case for disability discrimination? Should I go to HR?
You will NEVER prove disability discrimination, I can guarantee you that. You would have to prove that they actually fired you because you were disabled, which will require nothing short of them letting you go during your hospitalization, or outright TELLING you that they were firing you because of that.
Additionally, here is another lesson you learned. NEVER make any purchases that will depend on future income from a particuliar source, unless that source is bullet proof (and I cant really think of any that are).
Im 30 years old, live in a small dated apartment in a bad area, and drive a 12 year old paid off car that the paint is hemorraging off of. I was laid off at age 24 (for the first time), and I will never EVER make the mistake of trusting an employer to provide steady employment and a check I can depend on.
In Australia a reference is only allowed to be on the person's ability to do the job.
For example, I obtained no reference from my last job of 4 years. It is deemed unnecessary as the fact I held the job for so long confirms my ability to do it.
An employer who states a "history of absenteeism" is a judgement. Some would call a "history", more than half a day a year. Some would call more than 19 days a year "history". Is the absenteeism due to a real medical issue, in which case the previous employee sniping about absenteeism smacks of discrimination. Any personal opinions/judgements are not only subjective and irrelevant, they are also illegal. Saying a person is UNRELIABLE is a judgement - if they were that UNRELIABLE you would've sacked them. If you did not sack them, they are clearly doing their job, therefore any extra opinions are just that, opinions. Saying something like that in Australia (especially when the facts prove otherwise) would open an employer to potential legal action from an employee for slander. There are also potential legal repercussions to saying someones fabulous, good, or great, and that person goes on to, say defraud their new company, or even prove to be completely useless. Anyone who has supplied a "good" reference is liable legally for recommending that person.
For this reason it is becoming common company practice to refuse references to any employees, current or past. Your resume is what they hire on. You are also provided with an employment confirmation statement. References are viewed as subjective, and pretty much just to confirm you are who you say you are, and have worked where you say you've worked. Most employers do not even bother to read them these days, they are rarely accurate anyway.
Its similiar in the US. You pretty much can only give "good references". So, she would likely not "actually" say anything negative persay (my comment was more spacial and hypothetic then realistic), but would likely not provide any reference at all in substitution
For this reason it is becoming common company practice to refuse references to any employees, current or past. Your resume is what they hire on. You are also provided with an employment confirmation statement. References are viewed as subjective, and pretty much just to confirm you are who you say you are, and have worked where you say you've worked. Most employers do not even bother to read them these days, they are rarely accurate anyway.
Just another comment on that, I dont know if youve ever heard of Robert Half International, but its a pretty big employment agency/placement firm in the US, in some areas they have an absolute stangle hold on accounting and finance fields, and they wont even talk to you unless you can provide 3 management references that they can actually get on the phone.
If you choose to find another job, DO NOT (under any circumstances) ask your current boss to be a reference. You NEVER EVER tell them you are looking for a job. Then you will be cut next chance they get, you can guarentee.
When you are job searched, the place interviewing you knows that your current employer might not know you are interviewing. It is normal that they don't ask for a reference from current employers because of this.
Another option for you is to TRANSFER to another position within your current company. This way you keep your PTO and your pay.
As far as not wanting to job search now, keep in mind IF you are layed off, you will then be searching for a job and you will have no job at that point in time. Are you ok with having no job for awhile?
Look for a new job, OP. HR works for the employer, not the employee. (Repeat after me: As an employee, HR is my ENEMY, and my bosses FRIEND). If your suspicions are correct, and my hunch is they are, H/R has been in on it from the get go. I'm sure if you are right, they will say they eliminated the position, and you need documented proof to tie it to the medical issues. As long as you are employed, you are more marketable than if the layoff comes before finding a new job. Get moving.
Sunny, I agree that you should trust your gut. And that HR is working to whitewash the company record for "after the fact".
You can buy some time by declaring yourself "disabled" on account of your stroke, and thereby invoking the protections of the Americans with Disabilities Act. Your employer will need to give you "reasonable accommodations". BUT THE ONUS IS ON YOU TO MAKE THE DECLARATION, and IN WRITING. Craft the 'reasonable accommodations' in a way to regain equitable treatment, without surveillance. They can't fire you for what THEY MUST AGREE are reasonable accommodations. Therefore, your labor? Disability? attorney must put very careful language into that document.
No company wants to become involved in a Federal case - the Feds have infinite resources to prosecute.
You need to invest $1000 to get a consultation with the best labor? disability? attorney in town, to see exactly how you should phrase your disability and what your reasonable accommodations will be. The letter probably should come from your attorney to whoever he/she would normally target. But that attorney is the pro - pay him/her and follow the guidance. You are a sheep among wolves here.
It's possible they're trying to get rid of you for quite another reason. A feasible reason is that you have been there awhile, and are at the high end of the pay grade. Plus, they are paying you for being "non productive" by virtue of PTO. They hired two youngsters to compete against one another to vie for your FIRST SHIFT job once they can you. It's likely that both of the youngsters were told that once they "proved themselves" they would be put on first shift. Your boss is in the catbird seat, she's got your replacement in training, and you are on your way out. Once they free up $10K (? whatever) of your salary differential and PTO, they can put that money back in the management compensation pool. Your boss will benefit directly from getting a cheaper hire.
The only way you can buy yourself some time is to go to said labor? disability? attorney and see which way forward buys you the most time WHILE YOU GET ANOTHER JOB. The situation where you are is unsalvageable, so get that idea right out of your head.
DO NOT DO THIS ON YOUR OWN. This is not amateur hour, and you would be playing right into their hands.
Randomdude, I have always had EXCELLENT performance reviews and excellent raises and bonuses. I never have taken sick time (with the exception of the stroke) except as taking time off in advance for doctor's visits.
Sorry to hear about your health issues. Do you have copies at home of all your performance reviews? I would also document at home detailed information with date and time regarding these incidents with your boss.
I agree with BobTN, HR is not your friend.
But in the event that they're trying to get rid of you have all your ducks in row. In case you need to file a lawsuit or fight for any type of benefits down the road.
Sunny, I agree that you should trust your gut. And that HR is working to whitewash the company record for "after the fact".
You can buy some time by declaring yourself "disabled" on account of your stroke, and thereby invoking the protections of the Americans with Disabilities Act. Your employer will need to give you "reasonable accommodations". BUT THE ONUS IS ON YOU TO MAKE THE DECLARATION, and IN WRITING. Craft the 'reasonable accommodations' in a way to regain equitable treatment, without surveillance. They can't fire you for what THEY MUST AGREE are reasonable accommodations. Therefore, your labor? Disability? attorney must put very careful language into that document.
No company wants to become involved in a Federal case - the Feds have infinite resources to prosecute.
You need to invest $1000 to get a consultation with the best labor? disability? attorney in town, to see exactly how you should phrase your disability and what your reasonable accommodations will be. The letter probably should come from your attorney to whoever he/she would normally target. But that attorney is the pro - pay him/her and follow the guidance. You are a sheep among wolves here.
It's possible they're trying to get rid of you for quite another reason. A feasible reason is that you have been there awhile, and are at the high end of the pay grade. Plus, they are paying you for being "non productive" by virtue of PTO. They hired two youngsters to compete against one another to vie for your FIRST SHIFT job once they can you. It's likely that both of the youngsters were told that once they "proved themselves" they would be put on first shift. Your boss is in the catbird seat, she's got your replacement in training, and you are on your way out. Once they free up $10K (? whatever) of your salary differential and PTO, they can put that money back in the management compensation pool. Your boss will benefit directly from getting a cheaper hire.
The only way you can buy yourself some time is to go to said labor? disability? attorney and see which way forward buys you the most time WHILE YOU GET ANOTHER JOB. The situation where you are is unsalvageable, so get that idea right out of your head.
DO NOT DO THIS ON YOUR OWN. This is not amateur hour, and you would be playing right into their hands.
Best of luck.
This. If you want to save your job or buy yourself some time - this is very good advice. A couple of hours consult with an attorney or having them write a letter for you is the only thing you can do right now. You are on the way out - probably for no good reason - so don't take it personally. (Though it's kinda hard not to)
Your letter will alert the company that you know what they are up to and intend to fight back. They tend to hate that.
Will it stop them? Probably not - but might slow them down - and why not go out with a bang instead of a whimper?
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