Retaliation

What is the name of your state? Texas

Need just a tad more detail, there.

cbg said:

Need just a tad more detail, there.

Click to expand...

Hell, living in Texas is problem enough

Texas - I apologize for the length

My employer's company places employees at government agencies. I was employed by another company initially and then the employees transistion to this company last December. I had been at this government agency for 3.5 years. This was non-personal services.

I complained to my employer about comments he made about me to a senior government manager whereas he stated that I had made "slanderous comments about another amployee", which I had not. Once the correspondence and subsequent discussion became hostile and seemd unresolable, I mentioned to my employer that I felt harrassed and discriminated against and thought the situation should be elevated to DOL or EEO. He yelled at me and asked if I was threatening him. I merely left the room.

A week later, he was in town, and after a "closed door" meeting with the top government manager, I was informed that my position was being abolished. I was told I would have to apply for another position, or be given a two week notice of termination. I applied and was selected for the position. I was then told that my pay would be substantially cut. The new position was at the "5th level" on the organizational chart. My previous position was at the executive "2nd level". I reported directed to the government director. A few days later, I was moved from my office to a cubicle. My title changed, job description changed and I was dropped from the executive team appointment.

I spoke with another senior gov't manager and voiced my concerns about the environment becoming hostile and that I felt I was being retaliated against and that I thought I should leave the job. He asked that I reconsider based on that this current company would not be our employer for much longer. We discussed when I would leave if I did, but no firm date was made.

The rumor of me possibly leaving got back to my employer, and he reminded me that I worked for him and not the government and that the company policy was two weeks notice in writing. I told him I would comply with the policy if I decided to leave. A week after that, my employer called me and asked me to "pick a date for my last day". I told him I had reconsidered as the government POC had requested and I would not be leaving afterall. He told me to pack my belongings and leave. My computer was locked down and I was escorted from the building.

He also denied UI benifits.

Do I have any rights here?

Is anybody out there who can advise on this?

Hold your horses, please.

The responders on this site are for the most part volunteers. Operators are not standing by 24/7 to answer your call. It is often necessary to wait longer than two hours, especially on a weekend (it wasn't even quite two hours) before you get an answer.

Since you insist on an answer immediately, I see nothing in your post to indicate that any laws were broken. If you'd been less pushy, I might have done a little more research to see if the government connection made any difference (the laws for public sector employees are often not the same as those for private sector employees) but since you're in such a hurry, that's all you're getting.

Wow. I didn't mean to sound pushy, I didn't see the thread for my response and thought my initial request didn't post correctly. My apologies..............

Okay, apology accepted. My apologies if I misunderstood you.

Let's try this again and break it down piece by piece.

"I complained to my employer about comments he made about me to a senior government manager whereas he stated that I had made "slanderous comments about another amployee", which I had not. "

This does not offer you any protection from retaliation. Complaining about your manager is not a protected right.


"Once the correspondence and subsequent discussion became hostile and seemd unresolable, I mentioned to my employer that I felt harrassed and discriminated against and thought the situation should be elevated to DOL or EEO. "

In order to meet the legal definition of a hostile working environment, you need to establish that you were being subjected either to sexual harassment or illegal discrimination under Title VII (race, religion, national origin etc.). Neither discrimination nor harassment on the basis that you complained about a manager is illegal. Neither the DOL nor the EEOC would touch this complaint.

"A week later, he was in town, and after a "closed door" meeting with the top government manager, I was informed that my position was being abolished. I was told I would have to apply for another position, or be given a two week notice of termination. I applied and was selected for the position. I was then told that my pay would be substantially cut. The new position was at the "5th level" on the organizational chart. My previous position was at the executive "2nd level". I reported directed to the government director. A few days later, I was moved from my office to a cubicle. My title changed, job description changed and I was dropped from the executive team appointment."

None of this is even remotely illegal.

"I spoke with another senior gov't manager and voiced my concerns about the environment becoming hostile "

Again, this does not meet the legal definition of a hostile work environment.

"that I felt I was being retaliated against "

Even if this is true (and I'm not saying it isn't) it is NOT illegal retaliation.

"The rumor of me possibly leaving got back to my employer, and he reminded me that I worked for him and not the government and that the company policy was two weeks notice in writing. I told him I would comply with the policy if I decided to leave. A week after that, my employer called me and asked me to "pick a date for my last day". "

He has that right.

"I told him I had reconsidered as the government POC had requested and I would not be leaving afterall. He told me to pack my belongings and leave."

They are not legally obligated to allow you to rescind a resignation. It's not entirely clear whether you had definitely communicated a decision to leave, but if you did, that's it; they have no obligation to allow you to return. If you didn't, it's clear that he no longer wanted you working there. Unless you had a bona fide contract that specified a term of employment and the terms under which you could be terminated, which this violated, you were an at-will employee and can be fired at any time, just as you can quit at any time.

"My computer was locked down and I was escorted from the building."

While I understand that this was embarassing, it was not illegal and gives you no legal recourse.

"He also denied UI benifits."

No, he didn't. He doesn't have the power to either grant or deny benefits. He may well have contested your benefits (which is his right) but only the state has the power to deny your benefits. As I said, it's not 100% clear if you resigned or were fired, but about 99.9% of the time, if you quit, you don't get benefits.

"Do I have any rights here?"

You have the right to appeal the denial of your benefits. That's about it. No laws were broken and your termination, if that's what it was, was legal.

Thanks for your reply. EEOC took my complaint, siting my mention of elevating the situation to DOL or EEO as a "protected activity".

That's curious, and quite unusual. I'd say you got very lucky with that one.

So maybe the EEO sees something there, you think? Or do they just take every complaint and case as normal procedure?

What I should have said instead of my former employer denied my UI benfits, was he said I quit, and the decision was based on his comments. The company policy was two weeks in writing. I was told by my employer that I needed to give notice to him, not the government, and that was agreed upon. I hadn't given a notice to the company, just discussed a notice with a co-worker not employed by the same employer, and that individual told my employer, did I quit or was I fired?