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Job Discrimination and Harassment : Includes discrimination in employment on the basis of race, color, creed, national origin, gender, disability, etc.
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  #1  
Old 10-02-2009, 05:06 PM
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Retaliation for reporting misconduct


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

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

I transferred from one store to another within the company that I was working for. The store that I transferred to sought me out to come there and improve the department that I worked in. I agreed under the condition that I would keep the same schedule that I was working at my current store. They agreed to this and I transferred. Within a couple of weeks of arriving at my new store, I noticed ongoing excessive breaks with a few select people. There were several incidents of time theft, above just the excessive breaks. For example, one day one of my supervisors came in and told one of the other employees they were going to go take a nap because they smoked too much hash. Another day the same employee left early but filled out a timesheet with a time 30 minutes later than they had actually left. I reported the excessive breaks to another supervisor and the store manager. Also, during that time, I noticed that the inventory on had was being inflated. I was supposed to be responsible for the inventory in my department but all I got to do was help count it. Someone else entered the numbers and altered them if they dd not show the margin we were supposed to make. I reported this to my supervisor also as we are a publicly traded commpany and I do believe that there are laws by the securities and exchange commission relating to fraudulent accounting practices of which lying about inventory would be one. Shortly thereafter, I had a week vacation and came back to a schedule that was not what was agreed upon and which I could not work. My boss told me I should just quit. I went to our regional president because not only was the schedule unacceptable personally but left me unable to fulfill all of the duties of my job. A week later, I received a job review in which I was told that I was not going to get the raise that I had been promised because my department was not performing up to expectations even though sales had been up by as much as 20 percent a week since I transferred. I was also told that I would not be voted on to my new team because I did not want to play the game and the clean house order had come from regional among other inappropriate things that had nothing do to with my job like what other people had been written up. When I asked what I was supposed to improve on, I was told that I should take out the trash more often. The next day I was told that I no longer had a job and was sent home. I had already called our confidential employee tipline about retaliation and filed a complaint with the EEOC the day of my job review. The regional president seemed interested in speaking with me and I would have been happy to sit down with him and tell him of the underhanded dealing going on in my store by the leadership but it turns out that he was forwarding my emails to the regional HR people who in turn were passing on some of the information to my boss. I have taped the conversations with my boss saying it doesn't matter what agreement I had for my schedule and the raise, telling me to quit, telling other team members about regional HR relaying info to her including that they believed that I was the anonymous caller on the tipline, on and on. I want to sue them for hostile work environment/wrongful termination. Not even for the money but for standing up for what was right even though 1/2 of the store was crooked but I will take the money too. The other half is made up of good people but ones who are too afraid to say anything, obviously for good reason. What do you think?
  #2  
Old 10-02-2009, 06:05 PM
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Taping conversations without the other person's permission was probably illegal.

Was there anything in writing about your responsibilities at the new store or the conditions attached to the move?

It sounds like you spent a major part of your time monitoring people's breaks and conversations. You have no way of knowing if the remark about smoking hash was serious or made in jest. Maybe the person realized you were listening in and decided to yank your chain.
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  #3  
Old 10-02-2009, 06:06 PM
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I think paragraphs and white space are your friend.
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  #4  
Old 10-03-2009, 11:35 AM
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Without reading your dense post, I will say that most types of retaliation are perfectly legal. Retaliation is illegal only if it occurs as a result of a report made to a government-sanctioned authority, such as the police, the judicial system, or government regulatory agencies. If you didn't make a report to an agency like this, then your termination was legal.

In law, a hostile work environment means that an employee was being harassed or discriminated against at work based on his/her race, religion, gender, age (over 40 only), or disability. If your employer's hostile treatment of you was not for any of these reasons, then the hostility was legal.
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