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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12942
Experience:  Significant experience in all areas of employment law.
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I reported. Managers at my store because i was told by the

Customer Question

I reported. Managers at my store because i was told by the office assistant i was not to be called up to the engagement survey along with another associate because the store manager did not want any negative feedback about the store only positive feedback so the store would not get a bad review as a result i called hr and reportedsituation hr called me and adked for details i wad told there would be an investigation. I spoke with hr a couple of times after that giving more details as more questions were asked of me. After a couple of weeks i was called into the store managets office. I was told that thete was going to be a congetence call with hr. I had said to hr. That i wanted to remain anonymous and she said. No one would know i was the one who reported the situation and yet there i was in the store managers office. The hr manager said i was being suspended for not giving all of the names of the people who knew about the situation. I said to her i alteady told you the reason i fid not give out a cetyain petsons name was because she was involved in a hr disputr and involving her would cause her too much stress. The hr manager said. She considetef me a liar for with holding that persons name and as a result i was suspended and i was to leave the store immediately. After five days i received a call from hr manager and she said to me the that the store manager had told her that i thought i wad being retaliated against. I said yes thats how it looks. Hr manager said no you can report to hr anytime about issues and we want you to come back to work with pay for days suspended. I said ok and went back to work but i was so upset over the suspension and knowing the store manager knew that i had been the whistle blower when i was told i would be anonymous that i decided to give my notice effective immediately. I told hr. Store manager and my department manager my decision and they all tried to talk me out of it because they thougt i was leaving as a result of suspension and it caused me even more stress. So i decided to tell them it had nothing to do with suspension just so they would back off and i could clock out and leave. I had been with the company for thirteen years and i was an outstanding employee and to be treated like this was very disstressing and i no longer trusted my hr manager or the store manager. Do i have any legal recourse.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I can only imagine how upsetting this situation must have been. Unfortunately, though, it's not one for which the law would typically provide any recourse. For one, you resigned and in general you cannot collect damages arising from the voluntary decision to stop working. But even if this were not the case, the underlying situation about which you complained was not a protected activity. In order for the complaint to come under the whistle blower statutes, you typically would have needed to complain about something illegal and you would have needed to make your complaint to a government entity (i.e. reporting tax fraud to the IRS).

While perhaps unethical, it is not illegal to be selective in terms of who a manager chooses to bring to a survey. This is purely a matter of internal company politics. So, complaining about this sort of thing does not confer any sort of special legal protection. While highly unfortunate that HR would lie to you about your complaint being anonymous, that representation does not amount to a binding legal contract. Again, it comes down to company politics. It's highly unfortunate, but sometimes these sorts of betrayals happen, and the law does not get involved or offer protection.

So, I am truly sorry to say that this is not a situation for which you would typically have any recourse under the law. I can understand why you left this job, and I truly wish you the best in finding new employment.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.