Question

Retaliation/ Discrimination

Asked 23 May 2012 · 1 answer

The question

-Given written warning memorandum 04/2012 that was filled with false and libelous claims. These claims were made by manager and supervisor.

-Responded to written warning with documented facts showing that most claims on it were false and followed up with an official harassment letter to HR on 04/2012

- Manager fired on 04/2012

-04/2012- follow up meeting with HR & supervisor to discuss written warning & harassment letter. HR informed me that both documents were to be voided

-05/2012 – Requested meeting with supervisor to discuss particular matter & at end of meeting surprised with news of my reassignment to new department, performing most elementary task in the company. No objective reason provided

-05/2012 – submit e-mail to HR stating concerns of retaliation, with no response

-05/2012- meeting with supervisor’s superior who confirms my reassignment (effective in 1 business day). One of reasons given to me by superior is assumption that I would want a more flexible schedule and less responsibility/ less demanding jobs because I just had a baby. (I am currently pregnant. I will be on leave soon)

-Fellow employee resigned after my conversations with the supervisor and his superior had occured. I am then told due to the loss of a co-worker, I will no longer be reassigned, will keep my current duties and take on some of departed employee’s duties.

-No other employee has been harassed in this manner. I believe it is retaliation for having submitted official harassment letter. The letter had true and documented information that has great potential to damage the company’s reputation.

- Do I have a case against my employer?

Thanks for your advice.

From the LawyerCentral forum archive. Originally posted 23 May 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 13 June 2012

You may want to consult with a representative of the EEOC or the state FEPA or with private employment law counsel to explore your situation.

While the reassignment may have constituted grounds for retaliation, it appears from your post that your employer has reversed field and decided to have you remain in place. Consequently, the basis for your putative retaliation claim appears limited, if not evaporated.

Again, you probably want to consult with someone directly to consider the totality of the circumstances and to decide whether to file a retaliation charge of discrimination.

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