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legalgems, Lawyer
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My daughter had worked for Goldfish swim school in

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My daughter had worked for Goldfish swim school in Birmingham. She had a medical condition which kept her out of the pool for a week. When she called the general manager to tell her that she needed to be out of the water for a week, the manager told her she needed a detailed doctors note of why she couldn't be in the pool. I explained to my daughter that she can not ask any details due to HIPPA. When my daughter took the doctors note in, she tossed it back to her and said that it wasn't any good because it had no details. She did keep her out of the water reluctantly. Then there was an incident in August when my daughter signed up for college classes. All that was required is to show your schedule from the college, except for my daughter. The manager told her that she needed to bring in proof that her classes were paid for. Again, I told my daughter that she is not allowed to ask for these kind of things. So the manager took it upon herself to call the college and try to find out info on my daughter. Of course, they gave her no information. I called the owner of the company after this situation and let him know that she is discriminating and harassing her. He set up a meeting for the 3 of them, which my daughter said was a waste of time. Nothing was resolved. 3 days later the manager wrote my daughter up saying that the supervisor said that she didn''t follow teaching procedures. My daughter said she was not going to sign the write up until the supervisor came in and spoke with the 2 of them. When the supervisor was called, he admitted that he didn't see my daughter violate any policies, so the write up was invalid. So the next day, my daughter is called in and was told that she did not teach a full class because she ended the class at 7:29 not 7:30 and was given the chose of quitting or she was fired. My daughter was an example employee,( employee of the month, was spoke to about supervison) and all of a sudden was force to make a decision about her job. There is clear retaliation. So my daughter thought that it was better to quit than to be fired. So she reluctantly quit. I feel that this company has totally been unfair. Can you please advise if we should retain an attorney? Let me add, my daughter does have email and text messages regarding the above

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

I am very sorry to hear your daughter is having to experience this. That is distressing. So to be clear, there were no issues until the medical issue arose?

Customer: replied 6 days ago.
No never.

Thank you for your patience; I have tried to find some exemption but unfortunately I cannot -for a few reasons;

first, retaliation requires:

1. engaging in protected conduct (such as discrimination issues, minimum wage issues, etc)

2. an adverse action by the employer

3. and a causal relationship- which requires termination or a demotion; so if a person quits, even reluctantly, that is not sufficient to meet the criteria. Even verbal retaliation by the employer does not constitute retaliation.

Harassment is a different cause of action but that too requires harassment due to a particular defined category-ie. harassment due to sexual harassment, discrimination, or other protected category.

So while the situation of harassment and retaliation is unfair and immoral, it is only afforded legal protection if it falls within a protected category. I'm sorry as I'm sure this is not the information you were wishing to hear but I have an ethical obligation to provide accurate information.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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