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What can i do about my boss not addressing my complaints concerning another employee

Crystal, MI |

I am employed by a small private owned afc home. my official title is Midnight Shift Direct Care Staff. there is only one other person at my place of employment with the same job title/ duties (as outlined by our nightly "midnights checklist" (mostly cleaning)) I have addressed my concerns with manager and owner in writing, verbally, and photographically to no avail. I consistently have to "play catch-up" to the point of loathing my days off because the other staff member does not do her job.

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Attorney answers 4


You can leave the employment. You are at will and they can terminate you or you can leave. They do not have to legally address your problems.


If you are working extra hours because your co-worker is a slacker, make sure you record those hours as work time, even if it is on your "days off."

Absent illegal conduct, an employer can be a bad manager or favor one worker over another.

Tough spot. Good luck.

David Mallen

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.


Congratulations, you live in an at-will, "right-to-work" state. Therefore, unless you have an employment contract or collective bargaining agreement that states otherwise, your employer has no legal responsibility to remedy your complaints AND the employer can fire YOU if the employer considers your complaints bothersome.

DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights.


Do your duties relate at all to actually providing direct care to staff? Or do you believe that your co-worker's failure to perform her assigned duties is adversely affecting the residents that are being cared for at teh home? If the answer to either of these questions is yes, you may have an obligaiton to report the conduct to CMH - Receiptent Rights. You can also report the conduct to the licensing agency for the home. While it is certianly not fair that you are doing more of the work, the bigger issue for me is the care of the residents. A complaint to the licensing agency would most likely result in a 'home inspection' by the agency which would reveal your coworker's failure to perform her duties. My only caution is that the employer could very well terminate you for making the complaint. If that were to happen you would need to contact an attorney immediately.

Each employment situation has unique facts and circumstances. This means that information and advice cannot be taken literally and should be used as only informational. The information provided here is not legal advice and should not be interpreted as such.

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