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User Topic: Hostile Work Environment
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Default  Posted: 7:47 PM, May 7th (Tuesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Thanks JanetS. DH and I talked about him becoming a contractor. There's a lot to it so we're gonna take a little bit of time to research the costs to get started.

I know there are some good benefits to having him become a contractor, but there's also some downsides. I worry about the taxes and of course, the possibility of not having work.

Good thing is we have a pole barn with it's own meter so we already have a shop for him!

Posts: 172 | Registered: Jan 2011 | From: Michigan
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Default  Posted: 12:02 AM, May 8th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage


Take extensive notes at any meeting, send an email summarizing ("minutes") and asking for corrections.

Be very careful about the independent contractor "deal". BTDT. It was great when I was in grad school and needed an partitime source of money because I already had insurance etc. It sucked donkey balls when I first graduated college because I had NO benefits, no protection, nothing. In both cases figuring out the taxes was horrible.

Go into it carefully. Meet with an accountant or a reliable and ethical financial advisor.

Oh yeah, and the workers comp situation? Did I say, lawyer?

DDay Feb 2011.
In R.

Posts: 872 | Registered: Sep 2012
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Member # 10180
Default  Posted: 9:51 AM, May 8th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Chiming in late here. Work in HR- have been for many years.

They are not required to provide a copy of his personnel file. They should be required to allow him to review it- he would lose that privledge if he is terminated so I would suggest he does so ASAP.

For any formal write-ups he should have been provided a copy. Also, he should have been able to provide a rebuttal statement if he did not agree with the write up.

In terms of the Comp case, sorry to say it but you would not beleive how many people scam when it comes to these cases. Employers have to be agressive when it comes to assuring that the cases are genuine. The case should have been managed by the carrier and the only time I would call a Dr. is to have paperwork resent if I did not have it for the file.

In terms of how your H was treated when he was out due to a death in the family, don't compare. The person who was off for two weeks may have requested a leave, been granted PTO for that timeframe or time without pay. His company may (should) have a berevement policy. It would typically be in the Employee Handbook if there is one. Have him find that and see if he was outside of the bounds of the policy or not.

I am sure I do not have all the information but I do not see a hostile work environment based on what you have in this post.

Finally, if he is asked to do the work for company Y but in the exact same way with the same parameters and expectations it would be tough for company Y to leagally ( by IRS regs) call him and IC. Just something for you to be aware or.

Best of luck!


Posts: 1635 | Registered: Mar 2006
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Default  Posted: 11:25 AM, May 8th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Sunandmoon - Thanks for your input. DH met with those involved and owner of "Y" definitely agreed he could see why DH was feeling the way he was. Those that called on the comp claim were actually suspended by owner of "Y" due to their accusations of DH lying.

I understand why you do not see a hostile environment on some of my typing, but I guarantee it is, 100%. Owner of "Y", while being a mediator of sorts, definitely agreed with DH on almost all of his points.

He was within the parameters for the death. I agree his employer has a right to check on his claim, but the person who did so was not authorized to and tried to hide the fact it was done. Owner of "Y" had no problems with the claim. Someone from "X" went outside their authority just to try to disclaim DH.

Anyways, he's just going to wait until it's time to work with my company. Might actually be a bit sooner than we thought so I'm happy with that.

[This message edited by BeingNaive at 11:27 AM, May 8th (Wednesday)]

Posts: 172 | Registered: Jan 2011 | From: Michigan
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Default  Posted: 3:36 PM, May 8th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage


I appreciate your position and the frustration. I even understand the support and nuetrality by employer Y. That said, I just want to be sure you are aware that what you have laid out does not support Hostile Work Environment. See reference:

I only say this to suggest that taking on any expense by retaining an attny may be risky. Also, if there is a continued relationship with organization Y it may be wise not to shut that down. Finally, based on what you said, it is not the Company that was inferring his claim was false nor contacting the Dr. and when they discovered someone did so in an unauthorized manner they responded appropriately.

I do hope this other opportunity works out and he can make a change that will put these issues behind him.


Posts: 1635 | Registered: Mar 2006
Topic Posts: 25
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