Do I have any legal recourse against HR and/or my Manager for simply ignoring me while they take action still without response?

Asked 10 months ago - Honolulu, HI

Approx 7 months ago, after mgr stalled for weeks, I go to HR to provide info on My Mgr and another, on negligent & abusive behavior. 1 day after I tell manage he calls HR on me instead, raising 2 issues I proved weren't issues (1 exists due to my issues, the other said I emailed without facts but proved otherwise). 2 weeks ago, under HR rep advice to sign (otherwise i'd refuse) paperwork to monitor my employment based on his issues. Called my rep, who said case is now my Manager's rep's case. To date, not 1 answer by email, phone, face, by HR on what's going on. Last Friday 11/15 was placed on paid suspension to investigate manager's claims. I find out then, my case hasnt' even been reviewed yet. Neither one. This whole time im still reporting to both managers that I reported on.

Attorney answers (2)

  1. V. Jonas Urba

    Pro

    Contributor Level 13

    Answered . By itself, a supervisor being negligent or abusive is not illegal. More facts need to be specified before any attorney can suggest that you may have been victim to unlawful conduct.

    Not legal advice / No lawyer/client relationship.
  2. Christine C McCall

    Pro

    Contributor Level 20

    Answered . Unless your union agreement provides otherwise, HR is not required to make any response to a complaining employee except in very limited circumstances where the complaint raises very specifically-defined issues of unlawful discrimination based on a protected characteristic such as race, gender, religion, etc. Ordinarily complaints about a manger's abusive behavior and lack of skill in supervising will not trigger any legal obligations by HR unless the allegations are grounded in the protected characteristics, such as where the complaint is that the abusive behavior directed at the employee who is in a protected classification.

    Where HR does not have a legal obligation to respond, based on the limitations described above, the employee is not protected against termination or other adverse employment action based on the complaints to HR. Few employers will tolerate an employee who is at loggerheads with a manager if the employer chooses to keep the manager. Prepare.

    Your post suggests that you are represented by a union. Reach out to your union rep -- your union is your best and likely only recourse here.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more

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