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is this a form of retaliation

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Bella_2016

Junior Member
North Carolina: So we had our Christmas Party and all Salaried Managers and upper level management would be there. They make a big deal out of it. They put you up in rooms and give a way cash prizes and gifts. Well, Nobody invited me. The day of the party, I was scheduled to work. 2 hrs before the party started I asked the GM and district manager why I was excluded from the party. After an hour and some minutes later my GM said she forgot! I'm the only other salaried manager besides her at that store. That's wrong in so many ways. Hopefully tomorrow I'll actually get a chance to talk to hr.
 


CTU

Meddlesome Priestess
North Carolina: So we had our Christmas Party and all Salaried Managers and upper level management would be there. They make a big deal out of it. They put you up in rooms and give a way cash prizes and gifts. Well, Nobody invited me. The day of the party, I was scheduled to work. 2 hrs before the party started I asked the GM and district manager why I was excluded from the party. After an hour and some minutes later my GM said she forgot! I'm the only other salaried manager besides her at that store. That's wrong in so many ways. Hopefully tomorrow I'll actually get a chance to talk to hr.
... Bella, with all due respect ... are you kidding?
 

Bella_2016

Junior Member
I see how it appears that way...

... Bella, with all due respect ... are you kidding?
Honestly, I meant to post under my first original post. It makes no sense when you can't read it all. I didn't think that move through lol Sorry
 

Zigner

Senior Member, Non-Attorney
Honestly, I meant to post under my first original post. It makes no sense when you can't read it all. I didn't think that move through lol Sorry
It makes no sense when you CAN read it all. No, this is not retaliation. You can't force someone to invite you to their party.

EDIT: Well, it may very well be retaliation of some sort, but it's not illegal.
 

cbg

I'm a Northern Girl
I'm not so sure of that. If Bella is the only salaried manager not invited to the party, and Bella is also the only salaried manager who has expressed the intent of reporting illegal activity higher up the ladder, that's pretty much the definition of illegal retaliation in my book.
 

FlyingRon

Senior Member
I'm not so sure of that. If Bella is the only salaried manager not invited to the party, and Bella is also the only salaried manager who has expressed the intent of reporting illegal activity higher up the ladder, that's pretty much the definition of illegal retaliation in my book.
Illegal retaliation? How so? Retaliation for what? There doesn't seem to be any indication as to what act poster did that she thinks she is being retaliated against.
Retaliation is only ILLEGAL in most cases when it is in response to making some obligated report to the government. Not being treated the same as other employees is neither "retaliation" nor on its face illegal. Since it appears that she was subsequently invited, proving the lack of the prior invitation is going to hard to show any issues anyhow.

I just read the soap opera the poster provided in her other thread, and I'm not seeing how even if this was retalliation for one of her acts mentioned, that is illegal. Carping to management about other employees, no matter how bad they did their job nor how righteous you feel, is not protected from job actions.
 
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cbg

I'm a Northern Girl
Threatening to report illegal activity is protected. Generally that means reporting to the applicable regulatory agency. There are exceptions. I happen to think this may fall into one of them.

You have your opinion, I have mine.
 

Zigner

Senior Member, Non-Attorney
Let's assume, for the sake of argument, that not being invited to the Christmas part is a form of retaliatory conduct, as defined in Chapter 95, Article 21 of the North Carolina statutes. What recourse does the OP realistically have? What damages does the OP have as a result of this?
 

FlyingRon

Senior Member
Threatening to report illegal activity is protected. That means reporting to the applicable regulatory agency. There are exceptions. I happen to think this may fall into one of them.

You have your opinion; I have mine.
I see nothing in the poster's other missive that indicates there was illegal activity to report. Threatening to report illegal activity, by the way, is NOT protected. Retaliation for actually reporting it to the authorities is. All I see is that she was griping about other employees (none of which had behavior rising to the level of being illegal).
 

Bella_2016

Junior Member
I due have proof

I'm not so sure of that. If Bella is the only salaried manager not invited to the party, and Bella is also the only salaried manager who has expressed the intent of reporting illegal activity higher up the ladder, that's pretty much the definition of illegal retaliation in my book.
I actually printed the email for the party and all the salaried managers from all of the stores were sent emails and informed if they were coming alone or with a plus one. (spouse, friend, etc)I have tried to keep very clear documentation of everything. I agree, it seems like it was a type of retaliation from reporting the issues. It doesn't just apply to me but I had great team members that do not deserve the treatment as well. Regardless if you don't agree with my "soap box" or not, I have rights under law and they were not protecting these rights for my team OR myself. Your opinion has been noted. Thanks for the great responses. Thank you cbg and everyone for the advice :)
 
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cbg

I'm a Northern Girl
Let's assume, for the sake of argument, that not being invited to the Christmas part is a form of retaliatory conduct, as defined in Chapter 95, Article 21 of the North Carolina statutes. What recourse does the OP realistically have? What damages does the OP have as a result of this?
Probably none. However, IF Bella eventually ends up with a claim under the EEOC, which is not definite but not definitely ruled out, either, it will be additional ammunition.
 

Bella_2016

Junior Member
Oh, in my opinion you are wrong...

I see nothing in the poster's other missive that indicates there was illegal activity to report. Threatening to report illegal activity, by the way, is NOT protected. Retaliation for actually reporting it to the authorities is. All I see is that she was griping about other employees (none of which had behavior rising to the level of being illegal).
When you're a manager and responsible for the operations and safety of employees and ask for grievances to be filed for the employees that feel they have been discriminated against is protected by law. Griping, protecting, enforcing our rights, it's basically the same thing. Right? The outcome should be the same no matter who agrees or disagrees. Laws are in place for a reason. We can all speed if we want and then later complain we got pulled over but when push comes to shove, you broke the law. Pay your little fine and keep complaining. Right?

We have a right to come to work without worrying about being discriminated against or sexually harassed etc. I can't imagine why this would ever be ok? These complaints need to be properly investigated and people are scared to stand up do to retaliation and fear. It's just not ok.
 

cbg

I'm a Northern Girl
Bella, just FYI, they are correct that for the most part, internal complaints are not protected by law, and most discrimination is legal. Much of what you described in your first post is not illegal and would not provide you with protection; there are only one or two things I'm seeing that are. You have a bad situation but it's by no means clear that you have a lawsuit. That's why I suggested you talk to HR first and not go straight to an attorney or the EEOC. You will probably have trouble reaching them for the next couple of weeks; our HR is closed this week and will not reopen till Tuesday. But you're making assumptions about what is and is not illegal that aren't going to hold up.
 

Bella_2016

Junior Member
Bella, just FYI, they are correct that for the most part, internal complaints are not protected by law, and most discrimination is legal. Much of what you described in your first post is not illegal and would not provide you with protection; there are only one or two things I'm seeing that are. You have a bad situation but it's by no means clear that you have a lawsuit. That's why I suggested you talk to HR first and not go straight to an attorney or the EEOC. You will probably have trouble reaching them for the next couple of weeks; our HR is closed this week and will not reopen till Tuesday. But you're making assumptions about what is and is not illegal that aren't going to hold up.
I understand what you're saying. Thank you
 

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