Retaliation after HR complaint (not harrassment-related)
Posted 11 February 2013 - 11:48 AM
Posted 11 February 2013 - 12:18 PM
Posted 11 February 2013 - 12:22 PM
Hi, I've been retaliated against by my boss after I made a compalint to HR that 2 coworkers haven't been doing their job and contributing to the team's workload for a 3 year period, which affected my workload...Do I have a lawsuit case?
Probably not. Most “retaliation” is legal. Under federal law, it is illegal for an employer to retaliate against an employee for taking action to enforce some right that he or she has under federal law, e.g. actions (including complaints) to correct illegal discrimination, actions to form a union, etc., and it is illegal for an employer to retaliate against an employee for making certain complaints to the federal government about the employer’s violation of federal law (e.g. reports of safety violations made to OSHA, etc.). State employment laws often have similar protections. But complaints to management that co-workers aren’t pulling their weight, the company isn’t well run, etc., are not protected by federal law nor the law of any state with which I’m familiar. You didn’t mention the state so I won’t completely rule out the possibility that you might have a claim. I’d be pretty surprised, though, if any state had a law prohibiting retaliation for this.
Posted 11 February 2013 - 02:56 PM
"Do I have a lawsuit case?"
Not based on what you've said, no.
I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.
Posted 11 February 2013 - 04:22 PM
Thank you all for your input, it's really appreciated.
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