1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

My supervisor keeps on reminding me my past sickness

Discussion in 'Discrimination & Sexual Harassment' started by TroubledTRP, May 1, 2015.

  1. TroubledTRP

    TroubledTRP Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    I got really sick once and missed a very important business trip (per doctor's order, I couldn't go to public for a week as I was highly contagious. I had doctor's memo and proof of visit to emergency room and everything). Ever since then, my (dotted-line supervisor) superior would ask me questions such as if he gave me big projects, would I get sick, hit by a car, or get STD!! I found his questions inappropriate so I told him that I did not appreciate his joke. The situation deteriorated immediately after that.

    First, I was threatened to be taken off an important overseas project unless I could promise I wouldn't get sick during the travel. I told him there was no way I could promise something like that, but I was as fit as a fiddle, and I didn't see myself getting sick anytime soon. Next thing I knew, I was taken off the project. He even gave my other projects to another co-worker as if to make a point.

    I found his behavior highly inappropriate but knowing the reputation of my company's HR, I didn't tell anybody. Would quitting the job be the only way to handle this situation or do I have any legal recourse?

    Thank you!
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,110
    Likes Received:
    591
    Trophy Points:
    113

    Others here have more experience with human resources but it would seem that you'd have little recourse as an at will employee. After all, they could simply decide to terminate your employment because they decided to seek someone else with a personality they felt might be a better fit with the other employees. Or they don't even have to give you any reason at all, just deciding that someone new might be more productive. Given the fact that work isn't very supportive of you during a time when you clearly were ill, you may do better finding another place of employment. And if they are left without a replacement who can carry your weight, then that is their problem to overcome.
     
  3. army judge

    army judge Super Moderator

    Messages:
    32,500
    Likes Received:
    4,958
    Trophy Points:
    113


    First of all, I hope things get better for you.
    As to your employment situation, currently it is entirely withon your control.
    That is to say, you are free to pursue a new employment arrangement.
    If I were you, that's what I'd be doing.
    Why?
    Because, as the professor so ably explained, you have no recourse at present if your employer summarily dismissed you tomorrow.
    In the future, it would behoove you not to respond to provocative remarks, and never be flippant if you do so.

    In your scenario, the appropriate thing to have done was simply respond, "I am trying me best to live a healthy lifestyle, just as I am doing here at work. I work hard, do as instructed, respect my superiors, and endeavor to give the company 100% in any assignment I am given."

    You have to choose your words in any such response, but don't allow others to provoke you into behaving or responding negatively.

    Good luck, and I hope you secure a great job ASAP.
     
  4. cbg

    cbg Super Moderator

    Messages:
    8,361
    Likes Received:
    1,490
    Trophy Points:
    113

    I don't disagree that this is inappropriate and is walking on a couple of lines, but from what you have posted the lines have not yet been crossed.
     
  5. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    As suggested, your best bet might be to look for other employment. Based on what you posted, I don't see anything actually illegal. You don't want to quit though until you have other employment. If you quit, you most likely will not receive unemployment ins. Good luck.
     
    Last edited: May 2, 2015
  6. txls

    txls Well-Known Member

    Messages:
    1,963
    Likes Received:
    272
    Trophy Points:
    83

    Sadly, even if you were to somehow resolve this particular issue, you are clearly not dealing with someone who is rational and reasonable, and their personality is not going to change. I would begin seeking other employment, but in the meantime when you are asked the question as to whether or not you can guarantee you won't get sick, I think I would respond "as much as anyone can." Good luck to you.
     

Share This Page