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Retaliation after HR complaint (not harrassment-related)


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#1 KW1982

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Posted 11 February 2013 - 11:48 AM

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. After this, my manager gave me a sub-par rating on my performance review that was directly related to this. Because I got that lower rating, my overall performance rating was lower and I potentially lost pay because of this. Do I have a lawsuit case?
Thanks.

#2 Guest_FindLaw_Amir_*

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Posted 11 February 2013 - 12:18 PM

You may want to visit the Employment Law Center and read Workplace Retaliation as a good resource to learn more about this subject matter. Also, regarding your potential claim for a lawsuit, you may want to consult with a local Employment Lawyer to advise you of your options. Many lawyers do offer a free consultation.

#3 Tax_Counsel

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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?
Thanks.


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.

#4 KW1982

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Posted 11 February 2013 - 01:20 PM

Thanks Tax_Counsel! I'm in California.

#5 Fallen

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Posted 11 February 2013 - 02:56 PM

Problem is that you need to approach this stuff VERY carefully. From a different perspective, you're effectively telling your boss that his/her leadership/management is lacking (and, worse, if you went to HR to complain ... whether you discussed it with the boss first or not ... you went over his head).

"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.  :)


#6 KW1982

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Posted 11 February 2013 - 04:22 PM

Yes, I actually did tell my boss that there was a problem more times than I can count on two hands. The company has an 'open door policy' and I made a good faith complaint to HR. I think it's a problem that my performance suffered because of this, which is in direct violation of the company's open door policy outlined in the Employee Handbook. But the Handbook also has a note saying that it's not a contract, bla bla.
Thank you all for your input, it's really appreciated.




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