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Ca you be fired while under going eap counseling if you

Customer Question
Ca you be fired...

Ca you be fired while under going eap counseling if you reach out to your HR dept about working in a hostile work enviorment

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

There hasn't been a termination yet, I have contacted my HR department about my manager causing a hostile work environment since his friend was terminated for threating me on the job, I went out of town to bury my mother and was written up on a final for insubordination.

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

At will... Its a contracted company

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

They advised me my allegations were proven to be untrue last year yet the person was terminated. Immediately after returning back to work all my calls are monitored I am micromanaged by my manager that does not acknowledge me at all I am singled out daily and he acts as if I am not at work when handing out assignments to others. HR advised me to schedule EAP counseling for a stressful work enviornment yet they are stating i am stressed it is not coming from my manager

Submitted: 23 days ago.Category: Employment Law
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5/31/2018
Employment Lawyer: Ray, Employment lawyer replied 23 days ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 47,711
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Employment Lawyer: Ray, Employment lawyer replied 23 days ago

Here you woudl file with EEOC and claim retaliation.It is clear that employer retaliated against your prior complaints.Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases.

he EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for:

  • filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
  • communicating with a supervisor or manager about employment discrimination, including harassment
  • answering questions during an employer investigation of alleged harassment
  • refusing to follow orders that would result in discrimination
  • resisting sexual advances, or intervening to protect others
  • requesting accommodation of a disability or for a religious practice
  • asking managers or co-workers about salary information to uncover potentially discriminatory wages.

Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violateEEO laws, even if he or she did not use legal terminology to describe it.

File here

https://www.eeoc.gov/employees/charge.cfm

You are also able to obtain employment lawyer and sue here for wrongful termination and retaliation./

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

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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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