Legal Question in Employment Law in Kansas
Workplace Discrimination
I am a plant manager for a division of a large multi-national manufacturing firm. On Nov. 22, 2000, I was given a memo from my general manager stating that our coporate head of HR has directed me to disist from going into the front office. Everyone else in this building can go in there even those that work directly ubder me. I have not been in there since that day. I feel that I am being discriminated against and that I am being held back in the performance of my job, because I can not gain access to sales staff, engineering or even my mail box?
any advice??
1 Answer from Attorneys
Re: Workplace Discrimination
The first question is, do you have a written contract? If
so, the terms of the contract control. Is it necessary for you
to go to the front office to do your job? If so, the
company if probably violating the contract, unless
it has a good business reason to prohibit you.
The second question is, why did the head of HR do this?
Did he/she give you a reason. And what do you think
is the real reason.
If you do not have a written contract, the Kansas law controls.
Kansas is an employment at will state. The company
cannot discriminate against you because of your race or
national origin, because of your sex or your age or any
disability you may have. It cannot take
adverse action against you because of any workers
compensation claim you have or because you blew the
whistle, i.e., reported illegal activities, by the
company.
Is this an attempt to force you to resign? If so,
it may be considered a "constructive discharge",
which is like being fired. Again, the question is
why is the company doing this?
If you wish to discuss this, you can call me at our
Topeka office, 785-357-0333.
Jim Wisler
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