Moms, I know thie is not a 'child related' question! I am in need of your help, and I hope there is someone out there who has experience in this siuation. I have been at my job for 12 years, I have been a 100+% totally invested employee. I now have a new boss who personally does not like me, and uses her power to prove this point again and again. We work at an independent company, so her opnion of me has become the opinion of all of the ''POWERS THAT BE' who are in control here. In other words, when she has mistreated me, unofficially demoted me, etc., and I went to the higher ups, they supported her, even without any supporting evidence other than her word. Long story short-they are CLEARLY trying to get rid of me. They have demoted me from a clerical desk job to a dirty job that is physically challenging. Now she has given everyone in my dept. an updated job description for to sign,which also includes a form requiring our signatures, (not: pretending they need all of us to sign, when really it is to make it LOOK that way, they only want MY SIGNATURE, I assure you!) which commits us to being able to lift and carry 5lbs, to bending, squatting, and stooping, etc. Not a real problem for most, but I have numerous serious chronic health issues (per FMLA that I am on, they are aware of this, but I did not have it noted that I could not perform my job, which at the time was not a problem for me physically). The job I had was suited to my situation, the one they are making me do now is not. I feel if I sign this form, they will find other more challenging duties for me, say I sighned that I was able to perform them, and if I cannot, then they hope I will resign! This company is known for doing that. My question is, do I HAVE TO SIGN THIS FORM? How can I respectfully decline signing it? Can they terminate me for not signing it? I do, and have done, whatever they have asked of me, and I do not complain. But I see their strategy here, please trust that this is how they operate. It has become a place where I cannot trust them to have my best interest at heart, but I need to continue to work here for now, as I MUST have a job. I hope you get tjhe picture here! Please advise me! Thank you!
Ok, friends, I read each and every response! Thank you all-but allow me to try to provide a bit more information, to help you all to better understand. Look for my edited question, or I will submit a new one w/more info.
Call a lawyer and/or the department of labor.
Sorry, but it's time to find a new job while you still have one. Good luck.
Bebe, I know this is difficult but just to put a little bee in your bonnet..............
Did you ever think that MAYBE GOD HAS A BETTER PLAN FOR YOU??? Sometimes bad things happen so that we will leave the comfort we have come to know and step out onto something else GOD has for you.
Think about it, pray about it, this could turn out to your advantage.
I had a friend that worked for a doctor. She did the collections for 14 yrs. The office manager retired and the doctor brought in his daughter to be the new office manager. Within a year she had changed everything the way the office was ran. My friend gets a call from the daughter telling her they know what she did and to never come back to that office, she had been caught embezzling money. My friend was devasted. She had no idea what they were talking about. In the weeks to follow she found out they were accusing her of stealing $325. She was stunned. $325 after 14 yrs of working??? They had no physical proof just their word against hers. They did NOT want to press charges, they just wanted her GONE. CRAZY. Come to find out they wanted to outsource the billing/collecting and save the money instead of paying her salary. It took her 6 wks to get another job. She almost lost her house and she had to give back her car.
BUT the job she found is so much better! She is actually happy again. She loves her job. She works for another doctor in a smaller office with much less stress and much less drama. Her bills are back on track. She just got a cheaper car that she doesn't have to make payments on.
ALL OF THIS DRAMA MAY BE TO WAKE YOU UP AND SEE IT IS TIME FOR A CHANGE.
I am waiting to see what GOD has planned for me! I have had ALOT of drastic changes forced upon me. I have to keep my faith and KNOW THAT I AM NOT IN CONTROL!! GOD IS!
Good Luck and GOD BLESS!
D.
I was placed in a similar situation several years ago. The "new" supervisor and her good friend made my life miserable and when I tried to transfer out of the department, I was written up. The company policy was if an employee had a "written warning", they were not allowed to transfer.
During a meeting with the HR director and my supervisor, I refused to sign the document and became so angry and upset, I quit on the spot! Don't do that....instead, I recommend you make a notation on the document and a written statement (on the document) and then sign it and request a copy.
Suggestion as to what you should say: "I respectfully disagree with this document (and/or specifically state each item you disagree with and initial each item). As a 12 year employee, in good standing, I am deeply disappointed in the manner in which I am being treated. Then SIGN the document.
Quitting my job out of anger, was a big mistake, I did take them to the Labor Board because the company TRIED to deny my unemployment insurance. I won, but it took about 5 months to get my unemployment and this was really a hardship.
Please document every incident passed and present (dates, times, etc.). Continue to do the best job to your ability and if things do not change, don't quit, but take your documentation to the Labor Board. If you are being mistreated and/or singled out, you may have a good case against your employer.
Make sure you get a COPY of anything you are requested to sign.
Blessings.....
I would not sign anything. You need legal advice, from someone who knows the employee laws in Texas. I would contact the Workforce Commission that GrammaRocks referred you to. I also might call an employment lawyer and see if you can get a free consultation.
If the company is big enough to qualify for FLMA, then they should also be required to comply with ADA (Americans with Disabilities Act). You may need to get a doctors order stating your physical limitations. Again, employment law differs by state, so I would advise talking to someone who understands TX law.
In the end, sad to say, employees in this country have the least rights of employees in any industrialized nation, and can be fired with no warning and for no reason. On the other hand, most companies are concerned about potential law suits because they cost time and money.
Call the Dept of Labor and ask them for advice. They really helped me with a work issue I was having.
Best of luck and may it all be for the best.
DO NOT go to your HR department ... they are there to keep the employer form being sued, not to help you out of a situation like this!!
Do your research via the work commission or a local ACLU office may be able to give you some direction. You don't say how old you are but if you're over 40 you're in a protected work class and they know that.... you have more rights than a 30 YO - find out what they are and USE them to your advantage.
If you dont want to sign it - then dont, but you probably risk being terminated for unwillingness to cooperate with corporate policy. If you have an HR dept there, I would speak with them and see what they say. Sounds like you probably would be better off just leaving and looking for a job where you are happy. You are at a job approx 40 hrs a week and that is a long time each week, yr after yr to be unhappy. Life is short....
IF it is a requirement of everyone (not just in your department) I believe you have to sign it, which could lead to termination if you refuse, no matter how respectfully you do so. Check with the Texas Workforce Commission to see what they say:
http://www.twc.state.tx.us/
Best wishes!
I am really confused by the wording here so I apologize if I am off target.
Signing something that says you understand that your job description requires you to do X Y and Z does not mean that you are saying you can do X Y or Z. If you are under medical care, only your doctor can make that ruling.
What I don't understand is your saying you are on FMLA. That only pertains to missed work but you say you are working. If I wanted to get rid of an employee on FMLA who is missing work here and there I would wait until it hits 23% (12 weeks of 12 months) of your schedule over a 12 month period and let you go because I am no longer required to hold your job under the family medical leave act. FMLA isn't full days, it is any missed time due to qualifying conditions.
Unless you have a protected disability, then I would make sure I was making reasonable accommodations then let you go after you have used up your FMLA time.
So I guess I am confused because the picture you are painting would make it harder to fire you with cause. If they are good at getting rid of people in this manner they would know that.
Remember, Texas is an employment at will state. They can terminate you should they choose to. I can't say what to do. You mention FMLA, are you on intermittance FMLA? Remember, you have 12 weeks, are you nearing the end of your time?
Answer to the question is no you don't have to sign and I'm not sure you should. You could tell them that you are going to take this to your attorney for his/her reivew. I would be curious as to what their reaction would be. If they are trying to force you out, know that they have already talked to THEIR attorney! That is what I would do! Especially if you are on FMLA. But again, you only get 12 weeks. Good luck!
call a lawyer now...no you do NOT have to sign any form without a lawyer looking at it first. Sometimes just saying that will get them off your back.
I don't have good advice for what to do about signing that document, but if it were me I would WANT to leave that job. It would be awful to work for a person who dislikes you. Work is a huge percentage of your life! I hope you can find an awesome job with great people who respect you one day.
Can you get a doctor to state you can not do the certain duties on the new position?
Call a local attorney - today! Don't sign anything and if they ask why tell them that you are not comfortable doing so at this time, can you have a few more days to do it. Don't tell that that you're seeking legal help. The firing you or discriminating against you because of a medical condition is illegal, and would not be a good reason to fire you. (If they did you'd have a lawsuit in a minute - at least here in Oregon you would.)
Call an attorney and good luck!
