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constructive termination and MLA

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  • constructive termination and MLA

    I went out on a Medical Leave of Absence Nevada for stress because my boss has made it unbearable for me to work. Prior to my evaluation, I was told to provide them with a job description which I did. The one I was evaluated on did not match with what I was actually doing for the job. I submitted the job description and nothing was changed. They evaluated me on work I was not able to do because of system issues that needed to be worked out prior to getting the other part of the job done. I did everything that my boss has asked me to do but has he has short-term memory problems and have never refused a job that he has asked me to do.My boss does not have any IS background yet provided me with an evaluation on IS issues. He did not understand any of the IS issues related and therefore became defensive looking for opportunities to try and fire me. He has provided the hostile envirnonment not me.Apparently before I had started the job, another employee mentioned that he had done the same thing to my predessor. I could not work with this man and became very stressed out at work because he could not understand what I needed to get the job done. I filed for Medical leave for stress, then receieved a registered letter in the mail accousing me of a hostile work environment because I had sent some reports to a consultant that they were working with and that he asked me to do which basically said that the systems I was working with did not do the job and that they need to cut their losses and find another solution which I had given him. He has a vested interest in the beta version of this outside vendor system and conflicts of interest with keeping this system which I can prove. There has also been some data sabatoging that I can prove and that he has been trying to set me up with as well. He has belittled me in front of people to make himself feel good and I have not once raised my voice at him. He has tried to push my buttons without any success.
    Now my medical leave is finished and I have met with the HR lawyer and said that I can not work with him and have asked for a transfer to another department. They have not paid me any of my leave pay, have harassed me at work and at home during my recouperation period and now they are stalling with a determination as to whether they are going to keep me or not because they know that I am running out of money. Is this a case of constructive termination or on what grounds can I sue them.
    Last edited by mardigras306; 02-13-2006, 11:19 AM.

  • #2
    Nothing you have posted gives you any grounds to sue them.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.