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Re: 90 Days to get another job » TexasChic

Posted by Larry Hoover on July 19, 2008, at 7:24:22

In reply to 90 Days to get another job, posted by TexasChic on July 18, 2008, at 17:09:50

I've held off commenting up until now, because frankly, I don't really have the energy to do it. And I'm not sure whether the issues I raise are even relevant (e.g. Canada does not have at-will employment, and I have no idea of the laws of Texas). However....

First off, the supervisor's act of allowing a personnel issue to be available to a worker's fellows (the leaving it on the public printer thingie) is an act of poisoning the work environment. Such matters are wholly privileged, and leaking the criticisms is at least a factor in what is called contructive dismissal. In short, the employee is forced to resign due to the employer's acts, rather than their own.

The coworker lunching with the boss, and having knowledge of the criticisms is further evidence of same. I wouldn't trust that co-worker to carry my lunch, by the way. Her job is more secure if yours is lost, and cutbacks are imminent.

Also, if workplace deficiencies are identified, performance guidance should be offered, and an opportunity to correct the deficient behaviour within a defined period of time. If those deficiencies are corrected, the criticisms are to be stricken from the record. Only if the deficiencies remain might dismissal be contemplated, and only if it can be shown that sufficient guidance was offered. That is called progressive discipline, and failure to provide it is also an aspect of constructive dismissal.

It is the employer's obligation to document all of this, not the employee's. Of course, keeping your own written notes makes fighting them more effective.....If you decide to fight them, and your laws support such arguments as I have made.

In the end, though, a decision must be made about whether keeping this job is worth it.

I feel for you, hon. Depending on regular paycheques (like the English spelling?) makes one particularly vulnerable. I hope you *do* get that university position. Please don't fall into the mental trap of thinking that you're not qualified, poorly suited, blah blah. If they make the offer, they think otherwise. Take them at their word.

{{{{{{{TC}}}}}}}

Lar

 

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