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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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I have been employed at a company 3 yars. I have had only 2

Customer Question

I have been employed at a company for over 3 yars. I have had only 2 evaluations during that period. My first evaluation was very good, exceeds standards and above average across the board. That was in 2013. For 2014 I got my evaluation, and received 5 UNSAT's, and a performance improvement plan (PIP), and a write up for a bad attitude all on the same day. I had not been counselled during that year about any of the items on the PIP. I had submitted my input for the evaluation on July 16th. I got the evlauation on 1 October, over 2 months later.
2014 had been a stressful year. There were unanswered questions about my empolyment after my department shut down. I had no guarantees of future emploment, this while I was supposed to spearhead the transition that would shut down my department. I will admit that I was in a bad way. My wife had to leave town to get back her old career position with the federal govrnment because we had no idea what was going to happen to me. There was a lot of stress and my boss was not communicating with me about what my future would be. I did have a couple of outbursts caused by this stress during some transition meetings. But it was not the rule and I actually wrote the business plan, and helped to steer us towards the transition.
But I think I was wronged. This evaluation was the wrost I vere received and it smacks of retaliation because I asked the CFO would I have a future. My boss siad i circumvented his authority but I had informed him of my concerns and the CFO has an open door policy if you do that.
Was I? Do I need a lawyer?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

While the evaluation certainly may have been in retaliation, the facts you describe don't suggest an illegal form of retaliation. Very few forms of retaliation are actually illegal in employment law.

Making a complaint about race, religion, gender, age, disability or medical leave use discrimination is protected and so retaliation for making those complaints is illegal. Retaliation for complaining about OSHA safety issues, wage and hour complaints to the Department of Labor, or retaliation for attempting the creation of a union are also illegal.

Unfortunately, retaliation based on questions about your future within the company is not illegal.

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