A voluntary resignation might get her unemployment benefits denied. Depends on how quickly and easily she could replace her income at the same level.
A voluntary resignation might get her unemployment benefits denied. Depends on how quickly and easily she could replace her income at the same level.
I don't know what you gathered but it ain't much.
Your wife is hourly and you already said the phone is paid for by you. Is work holding a gun to her head making her answer the phone? Nope. So don't answer.
My wife never answers her phone when she is not at work, she is not salaried. She is not paid to answer her phone or email after she leaves their parking lot.
For what it's worth - this is not a good practice as most companies/entities have policy in place preventing this type of information sharing/gathering to personal and/or non-secure emails. It can also be questionable legally.
source: working in the IT industry, currently involved with litigation regarding this very subject.
and being fired can also deny her unemployment benefits depending on the reason the company gives for dismissal. They can refuse benefits because of 'willfully disobeying known company regulations' such tardiness; employee was REQUIRED to be on the job at 8am and clocked in late (don not have to say clocked in at 8:02). No benefits. Then applying for new employment, prospective checks with employment office and finds record of dismissal for tardiness. IT HAPPENS.
I am at the bottom of page one, and haven't read further. Advice on the internet should be taken with a lot of caution, but I will say, as a former personnel manager, that I would be shaking in my boots if one of my managers had done this.
It will get down to documentation. Unless management can document unacceptable performance by your wife, and unless they can show she was counseled with the objective of improving her performance, it is likely that you have a strong case for discrimination.
Unless the employer gets no income from any public source, there are likely to be even more stringent requirements relating to personnel actions.
Do a search for a good attorney who specializes in this area. I hear you saying you want justice for your wife. Although the relationship with her employer is probably forever spoiled, they owe her. They owe her cash, they owe her an apology, and they owe her a glowing letter of recommendation.
Nobody ever emerges happy from this sort of situation. The alternative is for her to negotiate a strong letter of recommendation and just walk away. That has a lot to be said for it if you can both close the door. The alternative, a legal case, will sap your energy and be an unwelcome guest in your lives for a really long time. And, there is no guarantee of how it will turn out.
I wish you and your wife the best of luck, and I especially wish you both inner peace. This is not much different from a criminal attack in the conventional sense. Takes a long time to feel safe again, and can change your life forever if you let it.
It will get down to documentation. Unless management can document unacceptable performance by your wife, and unless they can show she was counseled with the objective of improving her performance, it is likely that you have a strong case for discrimination.
Unless the employer gets no income from any public source, there are likely to be even more stringent requirements relating to personnel actions.
Do a search for a good attorney who specializes in this area. I hear you saying you want justice for your wife. Although the relationship with her employer is probably forever spoiled, they owe her. They owe her cash, they owe her an apology, and they owe her a glowing letter of recommendation.
Nobody ever emerges happy from this sort of situation. The alternative is for her to negotiate a strong letter of recommendation and just walk away. That has a lot to be said for it if you can both close the door. The alternative, a legal case, will sap your energy and be an unwelcome guest in your lives for a really long time. And, there is no guarantee of how it will turn out.
I wish you and your wife the best of luck, and I especially wish you both inner peace. This is not much different from a criminal attack in the conventional sense. Takes a long time to feel safe again, and can change your life forever if you let it.
Ah, the great debate in business ethics. What may be legally right versus what is morally right? Unfortunately, indeed Oklahoma falls under "at-will employment" which someone can be fired for any reason, at any time as long as it doesn't violate the major categories (i.e. race, religion, gender). Proving that her racial background is a factor and it is the reason for the option of demotion or resigning. Mentioning that she is the only minority as compared to the other individuals really means nothing. The affirmative action initiative to be diversified in a company by hiring and promoting minorities to be honest is more of a suggestion, not a requirement. I think the company is being pretty generous in offering her the option to take a demoting and keep a job instead of just firing her outright. While taking a cut in pay or position sucks from a personal standpoint, from a business standpoint they can do that (back to the at-will employment thing). Sound to like they basically said here is your option, take it or leave.
It's not at all the opposite of what I wanted to hear (although her boss being a conniving, back-stabbing, petty tyrant of a witch definitely falls under the "more to the story" category, IMHO
).Good for your wife; I'm glad it turned out well for her.
Personal devices number one, number two it is a non-profit, they do not have copy-written or patented work, nothing is proprietary, they HAVE to be open and transparent to receive the subsidies that they do, I basically read the entire code for 501 c3 last night, she is absolutely in the clear, personal device, WE Pay the service, they would have had to NEVER give her access on a personal device they had no control over to have a say where the email ended up. The same does not apply working for say, DEVON. They might have something in place trying to stop the information sharing, but it wont fly the way we have made sure her devices are NOT the company's. Personal device means she has prior record of them NOT securing their email servers, also the public WIFI in the building is unsecured as well, I can do anything to it with a rooted android phone and command line access. Their IT guy is a moron.
They absolutely have had every right to FORCE her into using a company provided device, and paid for service, but they have not, and probably won't ever, that alone is defense enough.
It's not at all the opposite of what I wanted to hear (although her boss being a conniving, back-stabbing, petty tyrant of a witch definitely falls under the "more to the story" category, IMHO
Good for your wife; I'm glad it turned out well for her.
I know, I am a facetious little bastard when I want to be though...yes her boss was essentially the reason, I did not even know about the recent lawsuit until yesterday, let's say I was a little pissed finding out 7 months later...When you try to do that to one employee you have sexual relations with, you will do it to all of them if you don't.
I bolded the important phrase above, they have no documentation of unacceptable performance, the only documentation has been AWARDS given to her for exemplary service to them. Not a single written anything to her name, there is no improving HER performance, because hers is not the lacking entity, it is her micromanaging superiors.
Also to add, she never thought she could not do better, and that is the point, she always strived to be a better employee and person, and do more for any and everyone possible. Even going so far as to cover other managers departments as they popped out kid after kid, and then their maternity leaves as well. And by kid after kid, I mean one girl had 2 back to back, and was literally at "work" for 4 months of the last 22, all the while getting paid.
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