Retaliation

I'd like to know what retaliation consists of:

I complained about my new role assginment, my new manager, the director, and finally the management in general. There'a a lot more to this, but end result is that I was terminated.

The HR coverage officer indicated that the company would not provide references. I had to go through a review to get umemployment. The state I am in found in my favor so I get that at least.


How do I know if I can take action against this company?

You are only protected against retaliation when reporting ILLEGAL ACTIVITY to the relevant regulaory body or in SOME cases, to HR.

You complained about everything under the sun, then you wonder why they won't give a reference? You're lucky they aren't giving negative references saying what a complainer you are.

pattytx said:

You complained about everything under the sun, then you wonder why they won't give a reference? You're lucky they aren't giving negative references saying what a complainer you are.

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Yeah - it would be perfectly legal for your former employer to tell the whole world about all the complaints you made.

Oh and BTW, you're absolutely correct in thinking that your termination was in retaliation for the complaints you made. However, many types of retaliation are perfectly legal, and what happened to you falls into this category.

I have to ask.

Did you think you could take a metaphorical poopie in the company's lobby and NOT get fired?

Really?

retaliation

ecmst12 said:

You are only protected against retaliation when reporting ILLEGAL ACTIVITY to the relevant regulaory body or in SOME cases, to HR.

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What consists of illegal activity?

Is it illegal activity to have policies that are used against some but not others? Is it illegal to retain a nonperformer because of a relationship with a manager and demote someone to perform her job for her? Is it illegal for an organization to pull the badge reports of one individual and not those of others. Is it illegal for for a company to claim there is a performance problem when no evidence is provided? Is it legal to claim that policies were broken when no specific evidence is presented?

User102 said:

What consists of illegal activity?

Is it illegal activity to have policies that are used against some but not others?

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Nope. Different employees can be treated differently as long as the reason for the difference in treatment is not that employee's inclusion in a protected group...

Is it illegal to retain a nonperformer because of a relationship with a manager and demote someone to perform her job for her?

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Nope.

Is it illegal for an organization to pull the badge reports of one individual and not those of others.

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Nope.

Is it illegal for for a company to claim there is a performance problem when no evidence is provided?

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Nope. Employers are not courts of law. They do not have to launch an investigation, gather evidence and then come to a conclusion.

The suspicion (sic?) is enough.

Though, with your attitude, they wouldn't have had to look very far.

Is it legal to claim that policies were broken when no specific evidence is presented?

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Yup.

Everything you are screaming about falls into the "unfair but not illegal" category.

Further, insubordination, which you admitted to in your first post, is an instant termination offense in every company I have ever worked for or with...and, as a consultant, I have worked with, literally, hundreds of companies.

None of those things are illegal. Illegal activities are things like OSHA violations, DOL wage or overtime violations, sexual harassment or illegal discrimination as described by Title VII and similar state laws.

cyjeff said:

Nope. Different employees can be treated differently as long as the reason for the difference in treatment is not that employee's inclusion in a protected group...



Nope.



Nope.



Nope. Employers are not courts of law. They do not have to launch an investigation, gather evidence and then come to a conclusion.

The suspicion (sic?) is enough.

Though, with your attitude, they wouldn't have had to look very far.



Yup.

Everything you are screaming about falls into the "unfair but not illegal" category.

Further, insubordination, which you admitted to in your first post, is an instant termination offense in every company I have ever worked for or with...and, as a consultant, I have worked with, literally, hundreds of companies.

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Hey pal,

Not once have I been insulting in this forum. You have a couple times. So I'd put to you who has the attitude? I appreciate the information, but you can deliver it without insulting remarks.

So what I'm getting out of this is that when an employer has two employees and they both do something that is insubordinate, it can choose to act on one and not the other. This is considered unfair pratice, but not illegal?

I guy can participate in religious study class at lunch time onsite with his manager. Develop that close contact using these means request to move to a state 2k miles away and when I request to move out there as well I can get turned down with no reason?

Does that fall under unfair, but legal as well?

retaliation

By knowing that an individual did something which violates company policy and not reporting it, aren't you protecting that indivdual by taking no action? Doesn't that put them in a protected group of one?

By moving one individual from team to team because she can't perform the job given to her and firing a male becasue he can't do it either isn't protectionism? This woman is married to a manager in another department. She clearly is incompetent. Even my previous manager said so, but she is being protected. And, was the reason for my demotion.

The other guy who took religious study at lunch with his manager was allowed to quit the company, immediately come back and work as a contractor for the company, while moving to california, and, a year later rejoin the company as an employee while continuing to live in California.

I can tell you another associate tried to do the same thing a few years ago and was told it wouldn't be ethical so he was declined when he requested to change from employee to contractor when contracting was hot and lucrative.

So none of this is illegal just unfair?

So none of this is illegal just unfair?

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Yep**************..

I agree. Based on everything you've said in all of your posts, none of the activities you've complained about were illegal, and therefore your former employer's retaliation against your complaints was perfectly legal.

User102 said:

Hey pal,

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don't think that because we are now friends you can borrow money.

Not once have I been insulting in this forum. You have a couple times. So I'd put to you who has the attitude? I appreciate the information, but you can deliver it without insulting remarks.

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I wasn't insulting.

however, the moment you decided to tell everyone that signs off on your paycheck what you thought of the job they were doing, you committed what is called a "career limiting decision".

You decided, without a great deal of research, that you were being treated illegally and took it up the ladder.

There is a saying, "when you go over your bosses head, make sure that one of you will need a box tomorrow. Because if your boss doesn't get fired, YOU will."

There is nothing illegal in liking one co worker more than another... as long as that preference cannot be DIRECTLY related to that worker's inclusion or exclusion from a protected group.

Whether you like that answer or not.

So what I'm getting out of this is that when an employer has two employees and they both do something that is insubordinate, it can choose to act on one and not the other. This is considered unfair pratice, but not illegal?

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Yup.

I guy can participate in religious study class at lunch time onsite with his manager. Develop that close contact using these means request to move to a state 2k miles away and when I request to move out there as well I can get turned down with no reason?

Click to expand...

Yup.

Does that fall under unfair, but legal as well?

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Yup.

Thanks guys for responding to my questions. The information provided has helped a lot.