Retaliation?

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

I was terminated for what was (Failure to perform the duties requested) I had just recieved a written warning two weeks prior for reporting a what I was instructed to do by my superior with a wittness in the room to verify what was said. I then sent a rather lenghthy email to his boss explaining why I would not sign the write up and even blew the whistle on other acts that this manager was doing. I was told that he was being supported by his manager that a drawing on a white board supported his comments and that they followed up with the wittness that I had in the room, which they had not... So then I get to now. I have been targeted for the last several days after this point, even though I cut all contact with this individual except by email. He instructed me to perform a task in which it tasks some time. He asked that I perform some job audits ( 8 ) at approximately 1pm I was 2 hours away. So I was able to complete 3 of the 8 in the time frame I had due to dark was setting in. He then calls me the next morning and asked I went out to the audits ? I replied that I was only able to get three done to which the coversation ended. I recieved a call around 10 am where he requested me to be in the office at 11 and then I was terminated for not performing the duties that was asked of me.

I recorded the entire conversation, have emails which I feel are proof from other people not associated with me saying that there was no evidence of him asking for them to be done in one day. I have an email from an HR manager to this individual stating that we will need everything we can get , since they solicited another employee to write a letter to back this manager up. I have an email from his boss stating that he did not request that they all be done as well.

I contacted the corporate office and explained what was going on, their in house lawyer, she stated she will look into the matter, but since you live in an at will state there is nothing I can do. That is when I noticed all of the emails flying around after this probing.

There is so much more, but I did not want to flood with information.

Thoughts?

It is legal to fire you in retaliation for contacting the company's in-house lawyer. You would only be protected from retaliation if you'd filed a claim with the EEOC or the DOL or something like that.

I recorded the entire conversation, have emails which I feel are proof from other people not associated with me saying that there was no evidence of him asking for them to be done in one day.

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Well you violated Michigan's eavesdropping statute where it states that Any person who willfully uses any device to overhear or record a conversation without the consent of all parties is guilty of illegal eavesdropping, whether or not they were present for the conversation. Illegal eavesdropping can be punished as a felony carrying a jail term of up to two years and a fine of up to $2,000. Mich. Comp. Laws § 750.539c.

In addition, any individual who divulges information he knows, or reasonably should know, was obtained through illegal eavesdropping is guilty of a felony punishable by imprisonment for up to two years and a fine of up to $2,000. Mich. Comp. Laws § 750.539e. Civil liability for actual and punitive damages also are sanctioned. Mich. Comp. Laws § 750.539h.

So not only do you not have a case for retaliation, but you yourself have broken the law.

I needed to record the conversation, due to every conversation that has transpired before now has all been turned around and spoken in a different manner than it was truly stated. Without it, simply would be a his word versus mine. This was not eavesdropping, it was a confrence call with another person, loud enough for everyone in the office to hear. So for my protection, I recorded the conversation.

Contacting the inhouse lawyer, is what we are supposed to do if we feel that we are have been treated unfairly in any manner. I could not make a claim until the retaliation had a occured to the EEOC, or DOL

USIC said:

I needed to record the conversation, due to every conversation that has transpired before now has all been turned around and spoken in a different manner than it was truly stated. Without it, simply would be a his word versus mine. This was not eavesdropping, it was a confrence call with another person, loud enough for everyone in the office to hear. So for my protection, I recorded the conversation.

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and is still a criminal act with a penalty up to two years in jail and a $2K fine.

Even if you had a really really really good reason.

Contacting the inhouse lawyer, is what we are supposed to do if we feel that we are have been treated unfairly in any manner. I could not make a claim until the retaliation had a occured to the EEOC, or DOL

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So make the claim now.

However, what acts do you think were in violation of either EEOC or DOL statute?

USIC said:

This was not eavesdropping, it was a confrence call with another person, loud enough for everyone in the office to hear. So for my protection, I recorded the conversation.

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It most certainly was evesdropping under Michigan law no matter how you try to spin it.

I could not make a claim until the retaliation had a occured to the EEOC, or DOL

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Nothing you have posted suggests that there was illegal retaliation by the employer.

USIC said:

Contacting the inhouse lawyer, is what we are supposed to do if we feel that we are have been treated unfairly in any manner. I could not make a claim until the retaliation had a occured to the EEOC, or DOL

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You don't get it.

You don't have a retaliation claim to make to the EEOC or the DOL. While your company certainly did retaliate against you for contacting the in-house lawyer, it was a legal retaliation!!!

I only mentioned the EEOC and the DOL as an example. If, for example, you had filed a wage claim with the DOL, and your company had fired you for doing so, that would have been an illegal retaliation. Since you didn't file any claims with the EEOC or the DOL, you have not been illegally retaliated against.

What?

Legal retaliation? Are you serious?

Retaliation is only illegal if it is due to an activity which is somehow protected, such as reporting sexual harassment or other illegal discrimination to the EEOC, reporting illegal activities to certain regulatory boards (not just to your boss), etc. If you go over your boss's head for something that's NOT protected, it's not illegal for him to fire you.

Hawaiian said:

Legal retaliation? Are you serious?

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I am not here to make jokes. Most types of retaliation are legal.

eerelations said:

I am not here to make jokes. Most types of retaliation are legal.

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In fact, I have lived my profession life under this tenet, "If you go over your bosses head to report upon his behavior, one of you will need to bring a box to work with you tomorrow. If what you are reporting isn't enough to get him fired, the box is for you."

Contrary to what most people appear to believe, most "retaliation", and, for that matter, most "discrimination" and a good bit of what some people term "harassment" are all legal. It is only illegal if it is based on a right or characteristic protected by law.

As an example, the law expressly protects your right to report unsafe conditions to OSHA. Therefore, if your company retaliates against you for reporting unsafe conditions to OSHA, that is illegal retaliation. However, the law does not expressly protect your right to complain about your boss's unrealistic expectations to corporate, or even the in-house lawyer. Therefore it is not illegal to retaliate against you for such a report.

Hawaiian said:

Legal retaliation? Are you serious?

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yes there is legal retaliation, legal discrimination and legal harassment! believe it or not.

oops cbg i didn't see your post