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  1. #1
    HLSteelers is offline Junior Member
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    Retaliation for filing a Workplace violence report.

    What is the name of your state (only U.S. law)? Pennsylvania

    This past week I was subjected to threats against myself from a fellow employee specific to my work. I immediatly reported the incident to my employer who ran an investigation. I was told that threats were ligitamate and the employee was removed from the job site (not yet terminated). I was then told during the interview the individual brought up past incidents of violations of company policy (non-violent and unrelated to this issue)by myself and other employees. I believe the individual and my employer have retaliated against for filing the claim. On Friday I was removed from the work place and fully expect to be terminated for one of the incidents. I believe my employer should have recognized the allegations as retaliation since they alledged complaints were never reported as required by company policy until after my filing a workplace violence report and the subsequent investigation was a violation of my OSHA rights and the company's own policy on reporting workplace violence with fear of reprisal.
  2. #2
    cbg
    cbg is offline Senior Member
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    Thank you for posting your story. When you have a legal question, be sure to let us know.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  3. #3
    HLSteelers is offline Junior Member
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    Is retaliation for filing a workforce violence report considered an illegal reason to fire?
  4. #4
    commentator is offline Senior Member
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    No. Actually if they want to, they can fire you for something that happened last February that they heard about from a disgruntled co-worker because the person was mad because you filed a complaint about workplace violence.

    It might not be fair, it might not be smart on their part, but it isn't illegal, because there is no law against it.

    What would happen if they did terminate you is that you would certainly have a good chance to be approved for unemployment benefits, because they could not show a good, on going misconduct reason to terminate you, with progressive disciplines and such.

    If they do not put you back to work soon, file for unemployment benefits. Let the reason for your termination be worked out there. But if they do call you back to work, do not terminate you for these past things brought up during the investigation, be careful. They will be very aware that such things have happened, and will be ready to act on any further problems. But if they want to terminate you now, they could legally do so.
  5. #5
    cbg
    cbg is offline Senior Member
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    So what makes you think that you're being fired in retaliation for complaining about the incident, and not for the incident itself? Because I'm sure not seeing it.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  6. #6
    Beth3 is offline Senior Member
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    Quote Originally Posted by HLSteelers View Post
    Is retaliation for filing a workforce violence report considered an illegal reason to fire?
    No. A co-worker making threats of violence against you does not violate any employment laws nor any OHSA regulations. If your own misconduct was uncovered during the investigation, then that's just the way it goes. Your employer disciplining you because of what they found out is not retalation much less any form of prohibited retaliation.

    I once investigated an employee's complaint of SH by her supervsior. During the course of the investigation, I uncovered the fact that the complaintant was engaging in substantial discriminatory behavior of her own towards several co-workers. The supervsior and the complaintant were both fired.

    Before you complain about someone else's behavior, it's a good idea to make sure your own slate is clean.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)

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