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Employees rights at workplace


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#1 unique0431

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Posted 07 November 2012 - 10:56 PM

I requested HR to transfer me to a different department due to my health condition and verbal abuse from my lead which causes my stress and depression. I told them that I could no longer work again with my lead. Ive been out of work for two weeks, waiting for them and we still haven't got an answer. I went to the company doctor yesterday for check up and the doctor said he'll fax the result and will make a recommendation for me to transfer but HR is still waiting for my manager to release me. My question is does hr really need to wait for manager before they could transfer me to a different department? I want to go back to work already.

#2 pg1067

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Posted 08 November 2012 - 07:37 AM

Ive been out of work for two weeks, waiting for them and we still haven't got an answer.


We? Them? The antecedents of these pronouns are not clear from your post. In other words, who are "we" and "them"?


My question is does hr really need to wait for manager before they could transfer me to a different department? I want to go back to work already.


Then go back to work. Your post mentions a "health condition," but you didn't say what it is. Without some information suggesting that you have a disability that might justify a "reasonable accommodation," it's not clear that there's any legal issue here.

#3 NYCEmploymentAttorney

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Posted 08 November 2012 - 11:46 AM

In New York State, barring a contract or collective bargaining agreement to the contrary, there would be no legal requirement to wait for the manager to release you before transfer. That being said, it may still be an internal practice of your employer.

www.QueensEmploymentAttorney.com

#4 Guest_FindLaw_Amir_*

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Posted 08 November 2012 - 12:09 PM

To learn more about your rights as an employee, you may wish to visit the Employment Law Center as a good resource.

#5 Fallen

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Posted 08 November 2012 - 12:20 PM

"My question is does hr really need to wait for manager before they could transfer me to a different department?"

We cannot know the answer to this, but I'd like to presume the answer is "no".

Please note that your post is very short on details, but unless this manager is being nasty to you simply based on your race, gender, religion, disability or age (over 40) (and in some states there are a few extra protected characteristics like sexual preference or even political affiliation), ultimately how you deal with stress is on you and you certainly shouldn't allow yourself to become depressed because some messed-up, unhappy individual engages in "verbal abuse." Talk with a medical professional about how to deal/cope with this, because you can't always avoid unhappy folks in the workplace.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#6 unique0431

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Posted 08 November 2012 - 06:36 PM

my lead/supervisor is harassing me verbally, questioning my own family problem. It happened that she's friend with the family that Im having problem with. So she would keep on asking me about it and she don't treat me right. she would talk to me as if she's mad at me. one time i passed out from work, i was rushed emergency because of her. After that incedent I went to hr and report to the HR and ask iff i could get tranferd to adiff.department. I told HR that i could no longer work with her. I suffe stress and anxiety. its been three weeks until now i havent been transfer.

#7 Fallen

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Posted 09 November 2012 - 08:18 AM

"one time i passed out from work, i was rushed emergency because of her."

I'm sorry, but someone pestering you about a family problem you're having with a family she's friends with oughtn't be something you attribute to passing out from/at work.

You haven't posted a question here in your follow-up, and it's still unclear what it is you want to know in terms of a legal issue. Please re-read responses above and clarify if need be. Other than talking with a workers' comp attorney -- and such a claim would be VERY difficult to pursue, given it's almost impossible to prove that one's having emotional stress related to something like this -- I suggest instead you look into getting a new job elsewhere and/OR talking with a medical professional about what might help you cope in terms of practical knowledge, therapy, etc.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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