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I am treated unfairly at work due to my actions of speaking…

Customer Question
I am treated unfairly...

I am treated unfairly at work due to my actions of speaking out when something is not right int he department due to that outcome i feel he is retaliating against me

Lawyer's Assistant: Have you discussed this retaliation issue with a manager or HR? Or with a lawyer?

HR is aware of the issue many coworkers have complained about my Director as far his ways of management,but because i have decided to come forward n speak for myself he has become very angry and feel when it comes to me asking for time off or to help another coworker he will be against it all because im the outspoken one

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Im not to sure of the term im a registration clerk at a hospital

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

Because of my out burst to speak out about management he has made a comment as far as "you will not get away with that"..i take that as a threat

Submitted: 2 months ago.Category: Employment Law
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Answered in 5 minutes by:
5/2/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,566
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Retaliation is only illegal, in employment law, if the complaints that you are making relate to race, religion, gender, age, disability or FMLA use discrimination. Such complaints are legally protected from retaliation. If this is the situation, you need to file a complaint with the EEOC in your state (or Department of Labor for FMLA use) and have them investigate.

However, if your complaints were about workplace issues (other than wage and hours issues like not being paid properly or safety issues through OSHA) in general, those aren't protected and you can actually be legally terminated for making complaints.

Just being outspoken is not legally protected. The statement "you will not get away with it" is a threat. And if your complaints were not in the legally protected category, it was a threat that they can act on.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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