Unfair Workplace Practices

Summary

Damian is dealing with unfair workplace practices, including wrongful accusations, health-related performance issues, and potential constructive dismissal. He has filed a claim with the EEOC and sent a settlement demand letter. For an upcoming meeting with HR and a supervisor, Damian should remain calm, take notes, avoid signing anything without understanding, and consider having his attorney present. Statements made in the meeting can be used against him, so he can opt to respond in writing through his attorney.

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Distribution of Accounts: The Virginia representative, a friend and favored employee of Jennifer, inherited high-producing accounts after Jennifer’s promotion. This distribution of accounts, typically a Regional Vice President’s responsibility, artificially inflated her performance metrics. Accusation at Company Event: I was wrongfully accused at a company event of making derogatory remarks about another professional. Despite my denial and request for clarification, I received a formal reprimand via email, which was copied to the Chief Marketing Officer. Issues Surrounding Health and Performance Expectations: Amidst health challenges, I was forced to meet ambitious performance goals following a necessary medical absence. The target of securing four referrals by the end of the month was unattainable, especially after the reassignment of several major accounts. False Accusations of Non-Attendance at Meetings: Jennifer Murphy inaccurately accused me of inconsistent attendance at DC Metro Directors meetings with my colleagues. Employment and Financial Concerns: Contrary to HR's assurances about my return to work, my position was advertised online. I was coerced into signing a written reprimand, and my final paycheck was only $*, significantly below expectations. Health-Related Challenges: The stress of the job and unrealistic performance targets, particularly following the reassignment of my major accounts, exacerbated my health challenges.
Hello ****. I'm sorry to hear about your situation. To provide you with the most accurate information, could you please specify your location?
Maryland
Hello ****,
Based on your situation, it seems like you might be dealing with:
- Unfair dismissal or constructive dismissal
- Workplace discrimination
- Breach of contract
You can consider these steps:
- Gather all evidence, including the formal reprimand email, advertisement of your position, and any related communications.
- Consult with a lawyer to discuss possible legal recourse.
- File a complaint with Maryland Commission on Civil Rights if you believe you faced discrimination.
Remember, this is just general guidance and seeking professional legal advice is always beneficial.
I have already files a claim with eeoc and sent my employer a settement demand letter. I am still employed with them and my jennifer and hr wants to meet with me. What should i do in the meeting or not do
Hello ****,
In the meeting, consider the following:
- Remain calm and composed.
- Take notes or have a witness present.
- Do not sign anything without understanding it completely.
- If uncomfortable, suggest rescheduling with your attorney present.
Remember, this is general advice and actual strategy should be discussed with your attorney.
For my statments in this meeting be used against me
Hello ****,
Under the rule called "adverse admissions," anything you say can indeed be used against you.
Here are some general tips:
- Be truthful but concise
- Don't volunteer information
- You can decline to answer if not comfortable
- Consult your attorney before the meeting
Can i tell them that I will answer their questions in writing via my attorney
Hello ****,
Yes, you can inform them that you prefer to respond to their questions in writing through your attorney. This can help ensure that your responses are carefully considered and legally sound. Always consult with your attorney prior to making such decisions.