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young and need help understanding Indiana (Employment & Labor Law)

Mon, 16 Oct 2006 16:04:00 GMT

I have worked for my company for 2 1/2 years. I have earned $5.00 in raises in two years. I am/was a supervisor at my job. In the past 30 days my work life has been crazy. I received a performance improvement plan from my supervisor that listed three areas he needed me to work on. Two of the three areas he requested for me to work on werent valid or true (I feel it was basically fabricated to bulk up the performance plan). The next day a fellow supervisor sent an email to my superiors including HR claiming that I intentionally neglected my job by not calling in 50 sales (equivalent of $12,500 for the company). It was later determined that I in fact had nothing to do with the missing sales orders and that there was a system error that caused submitted orders to delete themselves. Shortly after my relationship with management began to change. It is as if the defamatory email that the supervisor sent about me has drastically reduced my credibility. So a month goes by and I am working EXTRA hard due to my improvement plan throughout the month I am checking in with my superior to ensure that I am properly handling my department he responded saying he has had absolutely no issues with me and that he wouldnt wait to the last day of my improvement plan to voice his opinion. Then the last day comes and they tell me that they are downsizing and that there is no need for my role anymore. They then move a newer employee into my job and tell me that I can either work in their suggested department or I don't have a job their anymore. Their suggested department comes with a 3.50 cut in pay. They wouldnt tell me why I was choosen to be downsized or what criteria they used in determining who will be downsized because that information is "confidential". Two days prior to me being downsized I had met with HR to tell them that I feel uncomfortable and harrassed here in the workplace. My previous boss use to make comments to me that "I was no good to him anymore because I was pregnant" (he was recently fired for unknown reasons) and I told her that the email that was sent about me not calling in 50 sales was defamatory and was sent in the efforts of getting me removed from my job or fired. I feel like my downsizing is in retaliation because I complained about management and their failure to help me when I was being openly harrased by my superiors and my coworker.
I am confused and in need of help

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  • Mon, 16 Oct 2006 17:40:00 GMT(1)
  • From your post, the point that concerns me most is that you feel discriminated against because of your pregnancy. Each item mentioned in itself is not unlawful. Pregnancy discrmination, however, is unlawful (http://www.eeoc.gov/types/pregnancy.html). For discrimination to have occured under the legal definition, you would have had to be treated differently as a direct result of being pregnant.

    If legitimate performance issues exist, being pregnant will not relinquish you of responsibility to correct. Also you may still be held to the same level of performance while pregnant. The problem would exist if a similiarly situated employee was treated differently.

    Other than personal suspicion, do you have specific events that lead you to believe that discrimination or harassment exists under the legal definition?
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