retaliation

[jmwilson]

What is the name of your state? Ark.

I attempted to make complaints to a higher level boss about my immediate boss. I followed the procedures stated in the Open Door Policy of our employee handbook. One of the things it stipulates is that the conversations will remain confidential and that retaliation for utilizing the Open Door Policy will not be tolerated. However, the higher level boss did not keep my contact with him confidential and instead told the other boss I had called. I know this because he confronted me about it. I was fired 11 days later.

Just days before I was fired, I noticed three job postings on the Internet. According to written company policy the jobs were to first be posted internally before candidates from outside sources are considered. The only three qualified candidates "internally" were two women and a black man. We were not made aware of the jobs until after they had been posted and outside candidates began submitting resumes and were never give the opportunity to apply for the jobs.

I am considering filing a complaint with the EEOC, but I am uncertain about it. I could use some help here.

 

[I AM ALWAYS LIABLE]

My response:

Ooooooooooh. Sounds like that "Open Door" got slammed on your head!

The company policy manual is not "Law". A company is not compelled to follow it's own rules - - only State law - - and, there's nothing unlawful about firing you. Arkansas is an "at-will" employment State. So, it sounds like it was your employer's "will" to fire you.

Good luck finding a new job.

IAAL

 

[CCPENNOCK]

Most H.R. people will advise against going over a bosses/supervisiors head even if there is an "open door policy." Live and learn next time if there is a problem go through the chain of command. Talk to your supervisior or boss first and if things aren't rectified then go to the next stage. Unless there is some kind of harrassement you probably don't have a chance. CCP
I am just a student, not a lawyer.

 

[cbg]

Actually, you don't know at all that the higher level boss told your immediate boss that you had called. You only know that the immediate boss was able to figure out who made the complaint. That is often the case, since s/he knows what they did or said to who. It is why HR is not able to guarantee confidentiality; just because they don't say who complained, doesn't mean the person can't figure it out for themselves.

As the other posters have told you, nothing in your post indicates that anything illegal has taken place. Violation of company policy (if indeed such violation actually occurred) is not illegal.