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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102597
Experience:  Years of experience in running a medium sized law firm.
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I feel like I am being discriminated against, ever since I

Customer Question

I feel like I am being discriminated against, ever since I reported a sexual harrassement. I was working 40 hours plus, and since this complaint, my hours have gone down to 16 hours or less a week. I am on call now, which I never have ever been, and they never call me. I was hired as a provisional to shadow people around so I can get my license, and when I come to work, no one needs my help. I just sit here at my computer. Not only that I have been dismissed from all meetings and duties. They have also have been sending me to another work place that is out of my way, and I don't do anything there too. They keep jerking me around so I will quit. What can I do? I feel I am being scrutinized for filing a complaint.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. An employer is not allowed to discriminate or retaliate against an employee if the employee files a rightful employment-related claim such as a wage claim, sexual harassment claim, etc. This is called the public policy exception.

As such, if the retaliation is very bad, someone in your situation actually have a legal claim against the employer for said retaliation. However:

-it has to be linked to the complaint, and

-it has to be bad enough where a reasonable person would consider it harassment.

While you can do whatever you want to, understand that if the employee quits, this can play into the hands of the employer because they can claim that the employee quit voluntarily, etc.

What someone in your situation wants to do is to keep track of all the incidents of retaliation and then speak with an attorney face to face to discuss a possible legal action under the public policy doctrine.

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