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Possible Retaliation

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Missy Shannon

Junior Member
I live in Washington state. I went through a human resources investigation which ended one month ago after I complained about uncomfortable conditions in my workplace. I turned in a complaint about a manager who had cut my hours altogether shortly after I was asked to contribute in an incident/ injury report about her, when she came to work intoxicated at a children's program. The manager gave no reason for the cut in hours except for citing two absences which she had previously approved (but not in writing, unfortunately). At this point, she began to make rude comments about me ("I really, really hate her." for example) and began spreading rumors about me having sex at work with multiple coworkers. Because of the verbal nature of all of this, and the fact that I hadn't documented her approval of my request for time off (even though I had substitutes who witnessed all of this), human resources (after three months, and not having talked to my witnesses) concluded that harassment was probable but hadn't sufficiently been proved to warrant a formal reprimand against my manager. However, since my manager had no sufficient reason for taking away my hours, she was told to return me to my normal schedule. I was pleased with this outcome, but a month later, I still have gotten only about a quarter of my previous hours back. I have documented with email, and still nothing has happened.

Yesterday, I was at work, teaching a lesson in the pool (I work at a health and fitness facility). My written schedule clearly showed me as getting off of work at 1:00. Two witnesses heard my boss state that I was to get off of work at 1:00, also. At 12:15, I was that I was to work for longer. This was not possible for me, since I would have gone into unapproved overtime and because I had a prior engagement scheduled for 1:30. My manager called her supervisor, and I was written up. I was told I was not allowed to talk to her about it. When I asked her if I could talk to her later, at a better time for her, I was again denied. I was not allowed the opportunity to show her my written schedule. My witnesses were told they were not allowed to speak on my behalf. I was removed from the building, and denied access to my personal belongings in my locker. I was made to wait outside in the rain in my swimsuit while I waited for someone to collect my clothing and shoes. I was told not to return to the property or work until I am invited back by the executive. When asked if I could contact the executive, I was told no. I was told to contact human resources again instead. At no point in time did I become belligerent or raise my voice, and nobody has accused me of doing so--just clarifying.

I was scheduled to work today, but am not allowed to. I asked for help with finding a substitute short-notice, and received a very sarcastic and rude email, telling me that it was my responsibility to find a substitute and that I would be in further trouble if I failed to do so.

What can I do? Please tell me if this constitutes retaliation or not.
 


cbg

I'm a Northern Girl
It is not clear to me what your ORIGINAL complaint consisted of, and it makes a difference as to whether ILLEGAL retaliation is occurring. "Retaliation" is one of the current buzz words that is very frequently misunderstood - not all or even most retaliation in the workplace is illegal.

What were the "uncomfortable working conditions" that you initially complained about?
 

Missy Shannon

Junior Member
My initial complaint was with human resources because my hours were cut completely, and for a couple of months, without reason, after I was asked to contribute to a report when my manager came to work under the influence. When asked, the manager and her higher-ups could give me no reason as to why this had happened. At first, it was that "I had missed work" twice in the past year, and then the story changed to there simply not being enough hours to go around, etc.

I was told I was not fired, just awaiting hours opening up... but then new personnel were hired to fill my previous hours.

At the same time, my manager began to tell people that I was having sex at work (untrue) with multiple male co-workers. I asked her to stop, and she did not. I asked management to investigate it, and they refused. So finally I went to HR, and after a while, they decided that harassment was very likely, but had not been documented properly (I turned in a harassment complaint to a supervisor, which magically disappeared). HR handed down the decision that the manager must give my hours back, and not contact me or speak about me except through email to avoid further problems. This never happened, and work has become increasingly more uncomfortable, culminating in the incident yesterday with me being walked out.
 

cbg

I'm a Northern Girl
And when you reported to HR that this was still occurring, what happened?
 

Missy Shannon

Junior Member
My leads, managers, HR, etc. kept insisting that I just give it more time... that the manager I reported was acting in good faith and just was too busy to find me some more hours. But this has gone on for about four months (three months while HR was investigating and one month after they told her to give back my hours), and still the massive reduction in hours has been allowed to go on.
 

cbg

I'm a Northern Girl
Okay.

I think you have the basis for a potential claim, but NOT the one you think you have. Complaining about your manager in the way you have described is NOT protected by law; complaining about a reduction in your hours is NOT protected by law; therefore I do not see that you have any kind of claim for illegal retaliation. I am not seeing any kind of claim regarding the reduction of your hours per se, although you might as part of a different action.

I want to make sure I have this correct so that I don't steer you in the wrong direction. Have the rumors about your sex life stopped?
 

cbg

I'm a Northern Girl
Then you need to go back to HR. Tell them that the rumors have not stopped; that you have not gotten your hours back, and given that they have already concluded that this is illegal harassment, if the situation is not resolved within the week you will have no choice but to take the matter to the EEOC.

And if the situation is not resolved within the week, take it to the EEOC.

You COULD do that right now, and some folk here might suggest that you do so. But you will only strengthen your case if you give them every opportunity to respond. But absolutely, contact the EEOC if they do not respond to this final attempt. Do not let them talk you out of it.

And yes, if your hours have been cut that drastically file for unemployment.
 

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