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I have filed complaints with an employer compliance hotline…

Customer Question
I have filed complaints...

I have filed complaints with an employer compliance hotline about a supervisors unprofessional treatment of me. Since then I have been harassed and coached by department supervisors and also been told I am not being treated unfairly.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will and part time due to my being classified as a disabled person by social security administration

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have just today found out from a recently dismissed supervisor that it was discussed by management to find ways to write me up and fire me.

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
12/5/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,385
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 7 months ago
Should I file a Colorado State DORA complaint along with a Federal EEOC to get this case rolling , instead of dealing with employer intimidation.
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Ok, thanks for providing that. Do you have reason to believe that they are acting int his manner based on your age, sex, race, gender, disability, or religious affiliation?

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Customer reply replied 7 months ago
Do not call me , just email
Customer reply replied 7 months ago
It was done because I filed a compliance complaint and as such is whistleblower and retaliation related
Customer reply replied 7 months ago
Even I can figure that out. Now it is confirmed by an ex supervisor
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Oki, one last question, was the compliance issue related to a violation of federal law, like the Dodd-Frank Act, for example?

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Customer reply replied 7 months ago
if I file a state complaint under penalty of pergury then the state will have official investigatory powers
Customer reply replied 7 months ago
No it was a retaliation complaint against the department head
Customer reply replied 7 months ago
I have also created an email paper trail of lies and deceptive practices from the company
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

I see what you mean. Well, generally you can't be retaliated against if you are exercising some lawful right. However, those lawful rights are limited to things like filing a complaint for discrimination on the basis of some protected class (e.g., race, age, disability, etc.). To clarify, if you file a complaint, for example, and they retaliate, that is against the law. The same goes if you file a complaint for sexual harassment and they fire you. That is disallowed. There are some instances where if you engage in some protected activities like engaging in a recognized union, they can't fire you for that.

In your case, unless you filed a complaint that protects you from retaliation like a sexual harassment complaint or an age discrimination complaint, then you aren't automatically protected from retaliation by your employer. If this was a complaint for compliance with company policies or even state law, unless there is a specific law that prohibits retaliation in your jurisdiction for that specific kind of complaint, you may be unprotected from their actions.

With that said, this doesn't mean you're out of options. If they are retaliating against you fro simply filing a complaint, you may have some cause of action under contract law. What I mean by that is this appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

What other questions did you have for me?

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Customer reply replied 7 months ago
Federal law that has to do with labor practices. Whistleblower protection act, or do you not know of that.
Customer reply replied 7 months ago
Google it please.
Customer reply replied 7 months ago
It also encompasses retaliation against an employee for filing a complaint.
Customer reply replied 7 months ago
Are you a lawyer or law student ?
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hello, unfortunately, I don't have reason to believe that your case has much merit, unfortunately and I suspect that you feel similarly. What I'm sensing is that you filed a complaint and you're looking for justification that will allow you to prevent harassment. Truthfully, people aren't entitled to protection from workplace retaliation except for under specific circumstances. I provided you with a thorough, honest, and detailed answer, which is a great value considering my hourly fee. Accordingly, my role here is not to provide you with misinformation that would eventually cause you more trouble than it's worth.

With that said, I will opt out of this discussion and allow another expert to take over this discussion. Please understand that your actions with your employer going forward may be frustrated; however, I'm going to let another expert who is willing to deal with you, do as much.

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Customer reply replied 7 months ago
Thank you
Employment Lawyer: Asad Rahman, Lawyer replied 7 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2,527
Experience: Practicing Attorney with 10 years experience
Verified

Retaliation is a recognized legal claim. Do you know if the hotlines calls were recorded? I ask because you need to provide notice of your complaint in writing that you believe you are being retaliated against. i would do this before they fire you. This creates a written record and proof that your employer had notice.

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Customer reply replied 7 months ago
I have given them written notice the first compliance company compliance complaint was for a hostile work environment the second was for retaliation for my complaint the third was for retaliation for my third complaint and all through these times they make up stuff about me that is untrue poor work performance etc. whereas before any complaint that I filed with their compliance hotline my reviews were totally fine and my work performance was fine they change drastically after the complaints
Employment Lawyer: Asad Rahman, Lawyer replied 7 months ago

Ok, and they have failed to address it. You can file a complaint with the CO Dept of Labor https://www.colorado.gov/pacific/cdle/complaint-forms or proceed with retaining an attorney to make a demand for restitution.

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Customer reply replied 7 months ago
I started that today with Colorado department or regulation Dora and I agreed that everything I say is true under penalty of perjury I also have numerous witnesses for to refute any allegations on their part also today I texted the next supervisor who within the last four weeks was let go employment 3 to 4 weeks was Lesco employment and he test testified are related to me that the head department supervisor at bragged about making up reasons to fire me
Employment Lawyer: Asad Rahman, Lawyer replied 7 months ago

I think you are on the right track. What specific questions do you have from us on this site?

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Customer reply replied 7 months ago
Should I also retain a lawyer to seek damages for the irreparable harm that is already been caused to me as I am a disabled employee with a serious heart condition and the company does know that I don’t ask for any special conditions and doing my assign duties but this actually affects my heart rate to a point to where it cause undue stress that I shouldn’t have on me
Customer reply replied 7 months ago
I guess it’s just time to play hardball with these I guess it’s just time to play hardball with these people
Employment Lawyer: Asad Rahman, Lawyer replied 7 months ago

I'm always of the mindset that hiring an attorney is optimal. However, you may not need to unless and until they fire you. Then your damages claim is a little easier to ascertain.

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