Can an employer say anything?

by Amy
(Florida)

In Florida I was called into my supervisors office for a review. I had been advanced three levels in my skill level over the last seven months and had never had any progressive discipline.The three different levels were a type of orientation to learn and apply new skills. My peers would precept me and give feedback to me and I would add anything to assist in my learning. Occasionally a skill would need fine tuning, but for the most part my peer review were positive. Great job and good eye were often reported. So I advanced to a level 3. When I went to see the Boss about my level three(not yet completed), I was told I don't fit in and that I was not right for this position. I was told that I make her nervous (my boss)and that I have no place in the organization. My boss had already spoken with her own immediate supervisor and that the stage was set for my dismissal. I contacted HR about an appeal and basically was told her word stands. So my question is this, how is it that an employer in the state of Florida can say whatever they want about you. There are no documents proving this hear say of poor performance. I have never been fired and in the profession I am in, reputation is everything. What can I do? Trying to sue for defamation is a battle not won here. I don't care about the job at this point. I just want to protect my reference and my future. I worked extremely hard to get where I am and it just seems that anyone can say anything without recourse.




At will employment Amy.

Question, how did we go from someone telling you that you would be terminated for not being a "good fit" AND because you made your boss nervous to poor performance.

Am I missing something?

The first two reason would be the death knell for any employer uttering those reasons as the reasons for dismissal.

Poor performance on the other hand may be specific acts or events that can be used to relate an intentional or knowing disregard of the employer's interests and or duties an employee reasonably owes to the employer.

If you believe that your boss is doing this in retaliation for something you said or done or if it's just because she doesn't like you .. file an EEOC complaint and make sure HR knows you did so.

See if you can't get yourself a severance and be allowed to quit .. instead.

Filing the complaint may make them sit up and take notice and any further action on their part would much more likely appear as retaliatory .. which in fact it would be after you file the complaint.