Harrison, NJ asked in Employment Law for New York

Q: In less than a year my HR personnel has made numerous errors including asking me to do an illegal activity.

My only HR contact has provided me with consistent incorrect information regarding my pay, benefits and my employment status. She asked me to sign her name on a company credit card and when I refused she stated I should sign or not work. She deposited three different pay amounts without any explanation and when addressed her response was “ I forgot to tell you” She provided incorrect information concerning my benefits, placed me on administrative leave without prior discussion and stated the cause was due to a request made by me due to personal issues. When addressed her response is I was not supposed to be notified thus she wasn’t able to provide an explanation and when asked for documentation correcting the error, she declined. This has impacted me financially as I am a single mother and has ultimately impacted my emotional and mental health. I am curious about my rights and any legal claim I have against my employer.

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Incompetence is not illegal. But don't count on or try to get HR fired.

Discrimination is illegal. Nothing in your facts describes why this may have been discriminatory. Is there any evidence to support that your membership in one or more protected classes of employees (i.e. you suffer with a disability or are being targeted because of sex, race, religion, national origin, etc...) has caused or motivated HR to treat you this way?

If there is no plausible theory by which you might prove discrimination and the employer sides with HR how will you respond to losing your job for no reason? They don't need to give "at will" employees any reason. Nor do they need to provide advance notice. They don't even need to put anything in writing.

Find a new job while you still have this one. Putting employees in positions where they learn as they go is very common today. Would you want to do HR's job?

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