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I am a chapter service officer of DAV I was retaliated

against by my command...
I am a chapter service officer of DAV I was retaliated against by my command of my chapter, can I file a retalliat law suit
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Oklahoma
JA: Has anything been filed or reported?
Customer: I reported it to the state commander. She said she was gonna take care of it. It's only been two weeks so I'm trying to give them a chance to discipline the no tolerance policy. But if nothing is done I'm prepared to go steps futher
JA: Anything else you want the lawyer to know before I connect you?
Customer: The action was met also an incident in 2014, complaint by me, and he was removed from chapter. DAV let him return bout a month ago, thus the retallation by decertifing me as a officer, ect. this is all documented,
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Answered in 3 hours by:
8/23/2017
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 119,601
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Are you an actual employee or a volunteer?
This "retaliation" is it against you based on your age/race/sex/disability/national origin or for making a complaint about age/race/sex/disability/national origin?
If a volunteer, are they following the bylaws?
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Customer reply replied 3 months ago
I am a volunteer, I think this is based in a number of things 1. I'm only black in my office, 2. I am a women 3. A complaint I reported to command.
Thank you for your reply.
"I think" is not enough to file a suit. Either it is or it is not and if the evidence is not there to prove for certain that it is your age/race/sex/disability/national origin, you have no case. Retaliation happens all the time and not all retaliation is unlawful. It is only unlawful if it is retaliation for complaining about discrimination based on your age/race/sex/disability/national origin.
If you have such evidence, besides you being the only black female, to indicate your race/sex is caused of this conduct towards you, then you have cause to sue for discrimination.
If you do not have such evidence, then this is why I asked you about them following their bylaws. Most volunteer or non-profit entities get into issues when they fail to follow their bylaws. If a volunteer non-profit organization follows their bylaws there is pretty much not much more they can be sued over. So, if you cannot prove race/sex discrimination, you would need to prove they are not following the bylaws in how they are trying to remove you and if you prove that then that would be a ground to sue them.
Otherwise, these non-profit organizations generally are suit proof for conduct and treatment towards volunteers except those very narrow grounds I mentioned above.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 3 months ago
I was also terminated due to being out 2 days because of my disability, and sent a certified letter. My sex discrimination is male officers have been out of office repeatly without recourse , plz advice. And thank you for heads up about the bylaws

Thank you for your reply.

You are a volunteer, not employee, so you need to prove you are being removed for one of those reasons I mentioned above and if they removed you from your position as command because of your disability, then that could be your cause of action.

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Customer reply replied 3 months ago
OK one more questions as for race, same thing I was fired for the very thing my white counterparts get away with, isn't that my proof
Thank you for your reply.
That is circumstantial evidence, but not conclusive. Furthermore, you keep saying you were "fired" but you said you are NOT AN EMPLOYEE, you are a volunteer, and as such you cannot go based on the EMPLOYMENT DISCRIMINATION LAWS, you have to pursue your discrimination claims based on the organizations anti-discrimination policies not to discrimination against members. The employment discrimination laws apply only to employee-employer relationships, not volunteer-member relationships.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 3 months ago
OK understood, very well explained by you. Thank you and by the way you are a very handsome man... Lol enjoy your day

Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 119,601
Experience: 20+ Years of Employment Law Experience
Verified
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Law Educator, Esq.
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