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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90433
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hi Paul, I talk to an employee relations persons today;

Resolved Question:

Hi Paul,

I talk to an employee relations persons today; I had to educate here like I am educating a ten years old person; she said, she did not have the letter that I send to Hr, did not know who work in my department, what the structure was, etc.; she minimized the whole thing; basically, turn it into a poor communications problem.

However, she asked me about sending the files about the last issue; that generated the complaint; perhaps, so she the can select something from someone else that is a bad scenario; then say, see other artists have the same issue; consequently I thought about sending the worse cases since my complaint from 2012, to the employee relations and Hr; this way it gets in the record; rather than a stupid single incident that they will turn around and use against me.

I know that there have bee a few meetings in the department coaching employees; probably how to interact with me and if they get questioned by corporate, etc…(oh just say, we all get issues with redlines instructions, its normal)
Questions????
What do you thing about me sending employe relations and my Hr director the worse cases, in poor instructions, this way the whole thing goes on record; rather than the file she was verbaly asking me about?.
What happens if they say…I don't have a retaliation case?…how do I move forward? This is going to be big thing for all the managers in the department to try to erradicate.

…the air is thickening…most of the employees go by… like I don't exist. and the clock keeps ticking.

Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question and asking for me.

When it becomes apparent that the employer is not going to properly investigate an issue, it is time to go directly to the EEOC and make our complaint and complaint about retaliation and not even let HR continue their investigation.

From the way they are acting and the way they claim they are not receiving documents, they are looking to merely hide this and blame it on you or say that nothing happened or there is no retaliation. You need to turn all of this over to the EEOC now and make your complaint to them because from experience and seeing these matters unfold this way in other cases, your employer is not doing anything but dragging their feet and will find no discrimination or retaliation.




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Customer: replied 1 year ago.

Hi Paul,


I just pick up this from the eeoc compliance manual:



There are three essential elements of a retaliation claim:


2) adverse action


 


II. Adverse Action


 


Did R subject CP to any kind of adverse treatment? ..... 11



There is no requirement that the adverse action materially affect the terms, conditions, or privileges of employment.


 


Do I need to tell my public relations anything; about following their requests about the action items to send them files? Do I just ignore their request, and or tell them that the eeoc will take over?


 


Do I just call the eeoc and they are going to tell me what to do?


 


Thanks,


L


 


 


 


 


 


 


 


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
You do not tell HR anything further, you have told them over and over again at this point and you owe them no further explanation. All you do is contact the EEOC and file your complaint, the complaint form should be on the website and once you file it you need to contact their local office and keep following through with your complaint, because if you let it sit with them then the EEOC will let it sit or may just close it without communicating with you.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90433
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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