Q: Can employee be fired(performance) even though they complained to HR and asked for assistance; HR no response
Can employer (government agency) fire an employee for misconduct of work/poor work performance when the employee had been filing complaints to HR about supervisor harassment and unethical behavior while also stating that supervisor behavior was affecting work performance and causing mental distress. HR failed to respond to complaints
A: One would need more details to answer this question. There are limited claims one can bring against an employer for unlawful termination, and the nature of the harassment and unethical behavior may well be essential in this case. Additionally, there are very strict and rapid time limitations for some employment related claims, and failure to comply could preclude further litigation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.