Retaliation

[tempusfugit]

What is the name of your state? VT

It has recently come to my attention that I was terminated for discussing with other employees how they might pursue a case with the state labor board for our chronically late wages. This action on my part came to my employers attention, and he chose to terminate me as soon as he became aware of it.

My (informal) reviews had been exemplary, and as recently as one week before the employer had asked me to stay on longer (I had accepted another position when I was terminated).

Could this be considered retaliation? At the time of my term., I had not yet filed a case with the state, but I was discussing how to pursue our legal rights with another employee. I have written communication supporting these allegations. Should I discuss this matter with an attorney, or am I p*&@ing in the wind?

Thanks.

 

[cbg]

This *could* be considered a wrongful termination under public policy. I say "could" because I do not know specifically what your state considers a public policy violation. I also do not know whether, in your state, you would have to have actually filed a claim with the state labor board before it qualifies as illegal retaliation.

However, I definitely think it is worth discussing with a local employment attorney. Vermont is a fairly liberal state in most ways so I suspect the odds are in your favor, even though I can't give you a guarantee.

 

[Beth3]

It might also be a violation of the Labor Relations Act (you were discussing the conditions of your employment therefore you were engaging in a concerted act.) Yes, I think you should discuss this situation with an employment law attorney.

 

[Ozark_Sophist]

Did the discussions take place on company time?

 

[mlane58]

Did the discussions take place on company time?

That would relavant how?

 

[mitousmom]

It might also be a violation of the Labor Relations Act (you were discussing the conditions of your employment therefore you were engaging in a concerted act.) Yes, I think you should discuss this situation with an employment law attorney.

To which Labor Relations Act are you referring? Both the federal and state labor relations acts govern relations between employers and unions. The OP hasn't mentioned anything about a union.

OP, you should also consult the Vermont Department of Labor to determine whether the act it enforces has a retaliation provision.

 

[Beth3]

The federal Labor Relations Act. That Act provides certain protections to all employees, regardless of their union status.

 

[mitousmom]

The federal Labor Relations Act. That Act provides certain protections to all employees, regardless of their union status.

I had forgotten the concerted activities provisions of the NLRA. However, I doubt that the OP's situation would be covered by that provision of the NLRA. The NLRA gives employees to right to engage in concerted activities for their "mutual aid or protection" with regard to pay or working conditions. As best I can determine, this matter doesn't involve pay or working conditions, but the timeliness of the receipt of pay. Also, as Ozark_Sophist's question suggests, where the discussions take place is important. An employer can prohibit such discussions at work.

If I can understand what the OP is saying, his employer was aware that he was leaving its employ a week before it terminated him.

 

[Beth3]

The employee was fired for discussing one of the conditions of their employment with co-workers (chronically late paychecks.) I think it's worthwhile for the poster to look into whether the term was a violation of the LRA.