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I am a breast cancer survivor and for several months I have been working under a hostile work environment because of my medical history. In a nutshell, my boss has been nit-picking and micro-managing me for months in what I believe is an attempt to force me to quit or find a reason to fire me. Some examples include, accusing me of erratic behavior but refusing to give me specific examples of when I was "erratic", she has also accused me of passive aggressive behavior, again no specific examples. She has accused me of having an offensive tone in email to co-workers but her complaint is weak. And I can find other examples of other co-workers using the exact some tone (almost verbatim) as I do and they are not criticized.
About a month ago she put me on PIP (performance improvement plan) that I refused to sign. Part of the PIP is that my managers need to be copied on all correspondence and attend all meetings I attend to "coach" me on my tone, but I am not really getting feedback on my tone. Instead I believe these have turned into fishing expeditions to try to find things I have done wrong so they can build a case to fire me. I have also been blamed for things I have absolutely no control over. For example, we had to work late to get a campaign out the door, and I was blamed for not convincing the client to push the release date another 24 hours, even though I have no control over convincing the client to move deployment dates.
I filed a complaint with the EEOC and now my HR department wants to suddenly launch an internal investigation, but I don't trust them. HR has been involved in the PIP and knew my concerns. It was only when I informed them that I was going to the EEOC that they told me they would be doing an internal investigation.
The environment is so bad that it is impossible for me to do my job. I think if I just quit, I might be able to collect unemployment based on a constructive firing. My questions are the following:
Should I trust their internal HR department to be fair and hear my complaints? I think the answer to this is probably no, but I would like to hear the opinions of others.
Do you think I could approach them for a separation agreement, and negotiate some kind of severance package?
Any advice or insight you could give would be greatly appreciated. This is a huge company and I am fighting this alone. The stress is pretty bad.
Thanks!!
Should you trust HR? No. But filing a complain with HR is a part of the process that the EEOC will require. You will need to show that you have tried to work with the company to solve the problem.
And, yes, I think you could approach them for a separation agreement.
It's not the first time an extended illness has brought about a sudden need to rid themselves of an employee.
How do you know it is because of your medical history? Do you have a proof of that? EEOC just like any government agency, is underfunded and understaffed, even more so in some cases, and they only pursue cases that are slam dunks. And it will take over a year if not more to get anywhere constructive.
HR is there to protect the company, not you. Trusting them would be a naive decision.
The only hope you have here is if your work for a brand sensitive company, and they don't want to take a hit to their reputation, and are willing to make you go away. Don't approach them about "negotiating" severance, if they feel like EEOC case has merit and/or reputation is at stake, they will come to you with an offer.
I agree that HR is not your friend. They will always side with and protect managers.
EEOC can be helpful and it won't take a year.
I've seen cases where within a month or two EEOC helps you.
I don't see why anyone would not like you because you had breast cancer. It makes no sense. You're probably just using it as an excuse.
Maybe you should try reading all the comments by the OP before commenting.
Since you missed it. The reason I think it is related to my medical status is because the harassment began after I started having surgeries. I have been at the company for five years, and they suddenly started having problems with me after I took time off for the surgeries.
It's the time off from work that is the issue, and possibly that the company provided insurance paid for these surgeries, not the illness.
This isn't about "liking" anyone, this is about trying to get the OP out the door.
Thank you Seain Dublin!!. Actually, I have just been fired. They were very kind when they fired me though, they gave me 8 weeks of severance and made it quite clear that they would not be challenging my unemployment claim. I am very glad to be out of there but nervous about my future. Even though I filed my complaint a few months ago, I have still not heard from an investigator.
Thank you Seain Dublin!!. Actually, I have just been fired. They were very kind when they fired me though, they gave me 8 weeks of severance and made it quite clear that they would not be challenging my unemployment claim. I am very glad to be out of there but nervous about my future. Even though I filed my complaint a few months ago, I have still not heard from an investigator.
I'm so sorry to hear that. I hope you are able to find a new job very soon and that this bump in the road turns out to be a blessing in disguise.
Sorry about the job and congrats on surviving against cancer.
I can relate in some ways. I am both a cancer survivor myself and long ago I had similar problems for something other than the cancer I had which is recent. 20 years ago when my kids were born, my wife was busy and took what time off she could but I also had to take a leave when the kids were born. My boss and job was never the same afterwards, they did almost identical things to me to get rid of me. Nothing was heard about what I had done and my needs, they had decided to get rid of me. It really hurt because I had done a ton for them. I am also a cancer survivor and I will never say it makes things easy when it comes to work, but hopefully you do well medically and in finding a new position.
OP, congratulations on beating cancer! Now, beat the company you currently work for by making an exit plan asap. Such a hostile work environment will be counter productive to your wonderful recovery. Stress will have a negative affect on your body, mind and spirit and it's just not worth it.
Good luck!
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