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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 12428
Experience:  Experienced in multiple areas of the law.
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If an employee file a complaint with the EEOC can the employer

Customer Question

If an employee file a complaint with the EEOC can the employer take legal action against the employee?
Submitted: 9 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 9 months ago.
Thank you for using Just Answer. I look forward to assisting you. An employer may not retaliate against employees for complaining of discrimination or harassment, whether through an internal company complaint process or through filing a charge of discrimination with the EEOC or a similar state agency. Employees are also protected from retaliation for participating in an investigation into discrimination or harassment. For example, an employer may not fire an employee because the employee speaks to an EEOC investigator or supports a coworker’s discrimination complaint. An employer retaliates against an employee when it takes action to punish the employee for complaining of discrimination or harassment. Any adverse action against an employee can be retaliation, including firing, demotion, discipline, reductions in pay, or changes in job or shift assignment, if that action might deter a reasonable employee from making a complaint. Because enforcement of anti-discrimination laws depends on employee complaints, courts tend to define retaliation broadly.As far as the lawsuit, unfortunately, that doesn't fall under this "umbrella" so to speak. Indeed, anyone can file a lawsuit against anyone else claiming something (heck, you could sue me if you wanted to!) --but it doesn't mean they have a valid basis for a lawsuit, or that their suit would be successful. Additionally, since your cousin isn't employed by the company anymore, they can't take retaliatory action as the law views it (e.g, they can't fire or demote him, as he no longer works for them). A malicious prosecution claim alleges that he would be taking action against the employer without probable cause, or a reasonable basis to file. As the plaintiff, they would have the burden of proof in such a case. He could certainly file a motion to dismiss and a hearing would have to be scheduled as to whether there is enough to move forward, but unfortunately, that would require the time and expense of litigation. If you need clarification or additional information, please reply, and I'm happy to assist further.
Expert:  RobertJDFL replied 9 months ago.
If you need clarification or additional information regarding this question, please reply, and I'll be happy to assist you further. Otherwise, please remember to leave me a positive rating (3-5 stars/happy faces) as that is the only way experts on this site such as myself are paid for our time and expertise, even if you have left a deposit. Thank you.

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