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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116817
Experience:  20+ Years of Employment Law Experience
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I received an award from my boss' boss for great work and

Customer Question

I received an award from my boss' boss for great work and the very next day I feel I was retaliated against from my boss by stating the opposite of what my boss had said. This has been a consistent and ongoing distressing effort from my place of work that whenever I receive awards and promotions from the top boss, my direct boss retaliates the next day. Is this retaliation?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Is your Boss doing this to you ONLY based on your age/race/sex/disability/national origin?
Customer: replied 11 months ago.
I am 52 years old and was just in the ER on Tuesday for chest pains that was related to reflux and/or ulcer. I have been working 7 days a week fort he past 3 weeks due to fiscal year end and I lead my team of 67 in India on a daily basis from America. My boss' boss gave me one of the highest awards in the department for cross-functional leadership and the very next day my boss congratulated me on that and then turned around and said he had a HR complaint on my cross-functional work from a vendor - stating my team in India - which I was shocked to hear since we have a very good team and I have not had any problems. I did cry because of the shock and then he changed what he said after I got cried and said it wasn't that vendor but another vendor called Emerge which was a small vendor and he took care of it. I asked him what the incident was and that I was concerned that now this would go on my records. He said I need to watch what I say in emails and verbally and that I would never be promoted if I responded by crying. I told him that was fine and I would respond to this on Monday. He would not officially tell me what the incident was and this was the first time I had heard about it and found it very distrubing that I got this reprimand the day after I got the biggest award for the very thing he said he had an "HR case" on - cross-functional leadership and work. I called HR immediately afterwards and they stated there was not an HR case raised ever for me and that I was in good standing and did I want to file a retaliation case. I said no and that I would think about it until Monday. They said he might have just heard a complaint and that nothing was actually filed. But he was very clear that an "HR Case" had been raised and he took care of it. This is not the first time this has happened. The other time this happened was when I got a large bonus. This has been an ongoing event. When I was hired into the company, I was hired at a higher level, the one my boss is at now, and before I was transferred to this boss, they demoted me after 10 days for no reason and I went to HR to state that I had only been there 10 days and to take me from the level I was put in and then taken down to one of the lowest levels in the company was not warranted. They put me back and then turned around and I had to accept the level but they did change me to but to a better title. And every time something good happens and I get bonus after bonus and award after award for my leadership and work ethic, I get put back down with something I have never heard of before the very next day. This has happened over and over. Is this retaliation? Do I file a retaliation case with the company's HR dept and the EEOC? What do I do as this is becoming unbearable and psychologically distressing?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
You can file with the EEOC only if you have proof that the only reason your boss is treating you this way is your age/race/sex/disability/national origin and for no other reason. If you have such proof, then you must file with the EEOC and they have to investigate the matter to determine if there is sufficient cause to issue you a right to sue letter, which you need in order to sue the employer.
So, you need to show you are being treated differently or retaliated against only for one of those reasons to have a legal cause of action. You also should let HR and your Boss's boss know that you are being treated in this manner and ask them to assist and possibly try to move you to another boss if possible.

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