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Recent Retaliation questions

I hurt my back in June 2015 and directly told my manager I

I hurt my back in June 2015 and directly told my manager I needed an accommodation (I also have a disability - scoliosis). It was never addressed and 2 months later I was written up for working from home and absenteeism. I again stated my back issues, it was not addressed, and in January 2016 I was written up a second time and threatened with termination. In March 2016 I found out I was not given a bonus for the year because of the write-ups. Only then I again asked and finally received my reasonable accommodation - demotion with an ability to work from home. I had to take time off work due to depression and anxiety because of all of this. I lost wages, a bonus, and experienced emotional distress. I would like to submit a complaint to the EEOC - do I have a case?

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ScottyMacEsq

Doctoral Degree

22,706 satisfied customers
I feel that I am classified by my employer incorrectly. They

I feel that I am classified by my employer incorrectly. They have me as a exempt employee and I should be non-exempt based on the below job description.Title: Senior Deskside Analyst• Accurately testing, identifying, repairing, resolving, end user technical issues regarding network/desktop/laptop/Server/printer support.• Break-fix, troubleshoot and resolve software issues; Reimaging computers/hard drives• Backing up and restoring user data, settings and associated systems administration activities• Assist Service Desk /Remote Desktop Support teams for hands and feet coordination efforts• Assist on Incident and Problem management activities• Taking ownership of issues through to resolution on all appropriate requests• Categorize and prioritize end user support requests (Incidents) and service requests by utilizing ticketing system to track tickets and provide up-to-date status and information• Move equipment associated with escalated help desk incidents and service requests• Recommends and/or performs upgrades on systems to ensure longevity• Provide trade show planning and support, setup, test, training, logistics and maintenance of all required Workstation and peripheral equipment at the site.• Adhere to ticket response and resolution SLA's as agreed upon with the customer• Assist on special projects like OS migrations, PC refresh and large scale PC deployments• Available for on call support during afterhours as and when necessary.• Willing to work on 24/7 environment.• How and when you were paid (i.e. cash or check, every Friday)

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,094 satisfied customers
I was put on administrative leave today without pay, I

I was put on administrative leave today without pay, I wanted to know if I can still use my leave that I have because I still have bills and kids? Also can I be punished twice for something? I work for a contractor on a marine base, they did an investigation and it came back to just give me a letter of caution and move on.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I was at work today thinking that things were on and my supervisor that works with the contracting company states that the company (not the marine side) is starting their investigation. Is there a statue of limitation or something? the incident happened in May and my marine supervisors have made their decision. its in NC the contracting company is out of VAJA: Is the employment agreement "at will," union, full time or part time?Customer: full timeJA: Anything else you want the lawyer to know before I connect you?Customer: I have worked with the company for 8 years

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Patrick, Esq.

Doctoral Degree

17,850 satisfied customers
Alright, here's my lengthy question... I was formerly a

Alright, here's my lengthy question...I was formerly a Network Administrator at the City of Englewood and Littleton/Englewood Waste Water Treatment plant. When I began my role there in December of 2014 as a contractor and was brought on as a full time employee a few months later. I got along with everyone at the city that I worked with, save one individual named Justice. This individual attacked me personally and began blaming technical problems that would crop up on the work I was performing despite the fact that root-cause-analysis would consistently show I didn't case the issues. After dealing with this abuse on multiple occasions, I set up a meeting between him, myself, my manager (Marcus), and the IT Manager (Kenny). After expressing my grievances and asking for an apology and for the targeted attacks to stop, he responded by calling me "racist" (he's an African individual from Ghana) and accused me of saying things I had never said. By this point in time, he had sent a group message regarding me saying, "I want to give someone a shovel at an undisclosed site to dig a hole 6 feet <>"Months later, the IT manager left the organization and after some closed-door meetings, Justice was promoted to an "Interim IT Manager" position. In the months that followed, I was treated differently than the rest of the IT staff. My requests for time off (or anything, really) were refuted without reason. Eventually, my direct manager (Marcus) left the organization and brought what had happened during that closed door meeting to light to the HR department. HR initiated an investigation into the matter, interviewing myself and other IT staff. At this time, I also emailed the City Manager (Eric Keck) to apprise him of my concern and give him clarification on all of the events that transpired. He replied to my email saying, "I want you to know that I really appreciate you raising this issue and can promise that there will be no retaliation for you coming forward. I do not operate in that way and want to have harmony and everyone singing out of the same hymnal moving forward." HR never followed up on the matter.At that point in time the city hired a new Assistant City Manager (Murphy Robinson - an African American individual who used to work for the city of Brighton). I'm not sure what was said by Justice to Murphy, but there soon came a time when the two of them decided to deny me time off I had already accrued. I asked for a meeting to be convened with HR and, at this time brought my friend with me who is a lawyer. It was clear they were denying only myself time off (flex days) that were accrued and no one else in the department but myself was affected by this targeted action. Following this meeting, Murphy and Justice granted me the time off that I had earned.Murphy and Eric eventually hired a new IT Director (Margaret) who was a friend of Murphy's from the City of Brighton. Margaret interviewed me for 30 minutes, asking only basic questions about my job and when my probationary period with the city was ending. 2-3 weeks after she was hired, she terminated my position, citing an inability to perform my job function as the reason. However, my former manager, the former IT manager and anyone else I worked with at the city would characterize my job performance as exemplary, exceeding the expectations of my job description and requirements. During my time there, I completed a great number of projects, not only for the city but for the waste water treatment plant as well. I was not terminated for anything related to job performance - I was terminated because I fought back when I was being abused in my position.Please let me know if you think I would have a case against the city. I have screenshots of the text messages sent by Justice, emails denying my requests by Justice without legitimate reasoning, an attempt to deprive me of earned time off by Justice and Murphy, and a letter from the City Manager himself containing a promise that I would not be retaliated against. I also have testimony from several former employees at the city who worked in the department and witnessed these events.Thank you,Nick

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
I am a physician. I employed a physician's assistant for a

I am a physician. I employed a physician's assistant for a short time who turned out to be a disaster. she slammed doors, laid hands on my staff and was generally disruptive. One day she texted me that she was going to cancel all the rest of the patients for the day. I texted her that she had no right to do that, so according to my office manager, she went outside to talk on her cell phone. When she came back inside, her Electronic Health Record had timed out and closed. She tried to sign in three times but apparently forgot her password. She left work and then did not show up the next day or ever again.I found out she was already in trouble with the physician's assistant board, so I did not turn her in at first. But about a month later, suddenly I was being investigated by my Medical Board. I found out that she had turned me in for "illegal behavior" which is a blatant retaliatory lie. She has absolutely no evidence that is true.the investigation has been going on for months. All they have done is demand records from about 3-5 patients. (I don't know how many.) But not only is it disruptive to my patients' lives, it also means that when I get re-credentialed with insurance companies, I have to answer "yes" to the question, "Have you ever been investigated by the medical board?"The whole thing has damaged my practice significantly. However complaints to the medical board are protected from prosecution.So is there a way I can sue her for her retaliatory and ridiculous and damaging claims against me?

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Loren

Juris Doctor

37,154 satisfied customers
I was written up and fired the day after I asked for a

I was written up and fired the day after I asked for a raise.I asked for a bump in pay because they tried to change my hours to 50+ per week when i had been working 40 for six months (M-F) They tried to bully me into signing a document stating that I would work nights and weekends too, as determined by the GM.When I refused to sign, they said I was resigning from my position. When I stated I was not resigning, I was told to leave the building immediately.Is this wrongful termination/retaliation?Thank you!

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Loren

Juris Doctor

37,154 satisfied customers
My wife reported a co-worker who was leaving her work

My wife reported a co-worker who was leaving her work station through out the day but was still charging her time while she was gone. As this continued, she noticed that the co-worker and another person in the office, how worked for another sub-contractor had become close friend and the both of them where leaving the office together for periods of time upto 30-45 minutes at a time.My wife was friends with both of these ladies but felt she needed to bring this activity to the attention of her supervisor, which she did.He asked her to keep track of this and let him know if it continued which it did and reported.The other young lady who works in the office actually works for the sub-contractor that I presently work for and am currently under suspension and investigation for sexual harassment.When my wife brought to my attention that the two ladies were leaving during working hours, I forwarded to my direct supervisor the finding my wife had made concerning the lady who worked for my company.Ironically, the lady who worked in the office with my wife that was employed with my company, her dad worked for the same company and he was one of my direct reports.He was just recently terminated from the company for amount other things falsification of time as well as company policy violate, which is as my understanding what sealed his fate.Some months prior to this, before the young lady who currently works for my company was hired, the lady who worked directly with my wife had become good friends and acquaintances with my wife.Being that my wife and I work for the same oil company under different sub-contractors I often stopped in the control room where she and the young lady worked and I would visit before heading out in the field. During this time I became acquainted with the young lady and felt as though we had become friends just as my wife. As many in that office, I would flirt and complement her on her appearance in the presence of my wife, to which she would always laugh and roll her eyes.At this point it is important to state that my wife and I have an op n relation of sorts, that is to say that we have had sexual encounters with other men and couples but never just a female.After having know this young lady for some time, my wife and I was curious if she would be interested in a threesome. My wife did send her a text message after working hour to which she responded that, while she was flattered and that she had been asked on several occasions, that wasn't really her thing and that she was involved with someone at the time. She did tell my wife the name of another mutual friend in the same office that she thought would be interested. With that response, the wife and I never pursued that activity any further.We did remain friends and I did still stop by the control room regularly. Because the young lady lived 1 1/2 hours away from the office and she did have a young child my wife and I invited her to come stay with us Friday evening and she could save the drive and the day care expense. Which she did and my daughter baby set Friday and Saturday for her.Where this takes a turn is at the beginning of my question where my wife brought to the attention of her supervisor the girls leaving the office.While we did ask the young lady if she was interested in a threesome, that was several months prior to the girls starting to leave the office and was never pursued and nothing more was ever discussed.Now that my wife has documented and brought those finding to her supervisor and the supervisor addressed them with the young lady and the young ladies new best friends dad was terminated she claims that she is uncomfortable and brought up the text message... Months after the fact.My wife was placed on suspension this past Friday and has now been told that they are going to terminate her employment, so she has asked to resign in leu.This Monday morning I was informed that I am not allowed con the clients property and I am under investigation and on suspension because the young lady said that she is all of the sudden uncomfortable around me.Interestingly enough, she wasn't uncomfortable when she brought her young daughter over for two days and the both of them spent the night at our home. And her reply to the text never said she was uncomfortable, but rather that she was flattered.The company that my wife worked for, her direct supervisor there at Wood Group is a long time, close personal friend with the young lady she documented leaving her work center to the supervisor of the client, Hess Corporation.I believe that my wife was retaliated against and now because of the friendship of the two young ladies and the termination of the other ladies dad I am being retaliated against as well.Can you give me any advise or refer me to someone who maybe be able to help in this situation. I know it's twisted but sexual harassment I think is a stretch when all that has happened here is my wife blew the whistle on two ladies leaving work during working hours and charging time for when they were gone.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,094 satisfied customers
There was a Captains position which opened up in the police

There was a Captains position which opened up in the police department I work in and the Mayor which is a close friend of the family of an officer which was also applying for the position. Would this be conflict of interest since the mayor did the interviews?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: OhioJA: Has anything been filed or reported?Customer: As in?JA: Anything else you want the lawyer to know before I connect you?Customer: No, just I had filed a EEOC claim in 2014 and still pending.

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Asad Rahman

Attorney

J.D.

3,192 satisfied customers
On 9/14 at 6:50 pm I had a coversation, which I recorded,

On 9/14 at 6:50 pm I had a coversation, which I recorded, about how I was treated during a meeting that he, myself, and my dept supervisor had on 5/11 (which I also recorded). The meeting on 5/11 was about a date I was absent from work. The meeting was a result of false information from another employee which was later proved to be misrepresented and resolved due to lack of communication between the supervisor, team leader, and myself. Immediately following the conversation on 9/14 I walked on to the plant floor without my hard hat on. The plant manager brought that fact to my attention in front of three other employees, and I went to my car and retrieved my hard hat and put it on my head. The very next day I observed the plant manager and another employee without their hard hats on ( I have pics) working on one of the machines on the floor. I did not bring it to anyone's attention that day. On 9/26 when I punched in at 6pm, I observed another employee without his hard hat. I gestured at taking a picture of him and the plant manager saw me do this. ( I actually did not take the picture, just gestured). I proceeded to do my job but the plant manager was doing it instead. That's when I said: "You got on me about not having my hard hat on in front of other employees but he's walking around without his." He said "So what's your point?" I said: " That's some more of that double standard you said doesn't exist on May eleventh." At that point he started to say " Let me tell you something.." I cut him off and pulled out my phone and activated the voice recorder app. He then snatched the phone from me while another employee witnessed this, and erased what little was recorded. I threatened to file a grievance, (which I still intend to do) then called my supervisor to tell him I was going home to do so. He convinced me to finish the shift and promised to talk to me at the end of my shift which at this time is in 4 hours and 45 minutes. The plant is in a small town in Iowa and I have no idea who to turn to if not the plant manager. I can't afford to quit. I also feel that quitting would null my grievance. What should I do?

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Asad Rahman

Attorney

J.D.

3,192 satisfied customers
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