Is it lawful to terminate me for sending in complaints to management? 5 Answers as of July 30, 2011I was terminated for contacting my Human Resource department with complaints about my upper management. As stated above I was terminated for contacting my HR. I made complaints about my store manager and my district manager. I have copies of all emails that I sent to my district manager with the concerns that I had about the discrimination,harassment, and hostile work environment that I had to endure. After contacting HR I was put on a Corrective Action Plan by my district manager for not communicating with management properly. 4 weeks later I was terminated.
Carnes Law Firm | William J. Carnes
You bring up issues that warrant consideration. there are state and federal laws that protect persons who have reported illegal activity by the employer. It sounds like this is something that may have occurred and you may be protected by a "whistle blower stautute." There are various federal and state statutes and common law causes of action that you might wish to pursue in order to best serve your interests. These include, but are not limited to the following: breach of contract, oral and written, misrepresentation, negligent or otherwise, fraud, defamation, libel, battery, assault, slander, intentional infliction of emotional distress, workers' compensation retaliation, interference with an advantageous business relationship, negligent hiring, negligent retention, discrimination, claims or rights under state and federal whistle blower legislation including Sections 448.101-448.105, Fla. Stat., claims or rights under the Family Medical Leave Act ("FMLA"), Fair Labor Standards Act ("FLSA"), as amended, the Consolidated Omnibus Budget Reconciliation Act ("COBRA"), Employee Retirement Income Security Act (` ERISA") of 1974, as amended, the Americans with Disabilities Act ("ADA"), the Age Discrimination in Employment Act ("ADEA"), the Equal Pay Act ("EPA"), Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, the Florida Civil Rights Act of 1992 ("FCRA") Fla. Stat Chapter 760. There are one or more statutes of limitation for these causes of action. If you wish to pursue a claim, you must file the complaint prior to the end of the limitation period, or the claim will be barred. Many statutory violations have to be initiated through the proper administrative agency which is frequently the EEOC office and/or the Florida Commission on Human Relations. If you feel that your rights under these laws have been violated, I encourage you to seek redress with the proper agency as soon as possible. These have reduced periods of time during which an action can be commenced, or the cause action will be barred if not timely commenced. Please remember that many, but not all, federal discrimination claims must be filed appropriately within three hundred (300) days after the alleged act(s) of discriminatory conduct. Many, but not all, state claims of discrimination must be filed within three hundred sixty-five (365) days after the alleged act(s) of discrimination. The statute of limitations may be less or greater for other causes of action. While the EEOC/Commission on Human Relations administrative process can operate without the assistance of a private attorney, you may wish to retain private counsel to assist you in filing a claim. A privately retained attorney can assist in investigating the claim, recognizing the issues, identifying the defendants and drafting the charges. It is important to remember, however, that you must file the charges in a timely manner or the action will be barred. The date of these occurrences is very important and should be determined in order to avoid the statute of limitations. Unfortunately, this firm cannot render a competent legal opinion based on an unsolicited factual scenario. Your query requires more facts to allow for proper consideration by an attorney. A consultation with an attorney at this office frequently requires more than two hours of the attorney's time to complete. The attorney and the client meet to discuss the facts and review any documentation. We conduct a general discussion of the law, and the attorney advises the client of the options the client may wish to consider. After the consultation, the attorney reviews the notes, researches the law, if necessary, and drafts a summary follow-up letter to the prospective client. During our consultation, we may discuss, among other things, the general nature of employment law in Florida, statutory discrimination claims, unemployment compensation benefits and claims strategy, workers' compensation benefits and filing requirements, common law causes of action, severance benefits, contractual considerations, benefit continuation considerations and the administrative procedural requirements for filing a discrimination claim against an employer. Should you decide to pursue this matter, it is important to remember that you will have the burden of proving your case. You must provide the witnesses and other evidence, direct and circumstantial, necessary to prove the elements of the specific charge against your employer. I urge you to do what is necessary to make a sound decision on whether to pursue or to abandon your case. The above is not a legal opinion and cannot be relied upon as such. There is no attorney-client relationship created by responding to this inquiry. Should you wish to get a legal opinion upon which you can rely, the only way is to hire an experienced employment attorney in your local area who can get all of the facts, research the law and explain your options to you.
Answer Applies to: Florida
Rice & Co., LPA | Kollin Rice
If you were terminated for complaining about illegal harassment and discrimination against you, you may have claims for both the original harassment and discrimination and also for retaliation. The key is likely going to be whether the harassment you complained of was in fact illegal. You should speak with a lawyer about this right away.
Answer Applies to: Ohio
Cowan Law Firm | Jeffrey Cowan
Both the California civil rights statute and the federal civil rights statute prohibit retaliation against employees who oppose civil rights violations. Whether complaints to management about "discrimination, harassment and a hostile work environment" are protected activity under these laws turns on whether the actions you complained about constitute unlawful discrimination. Employees who are not lawyers regularly use terms like "harassment" and "hostile environment", but the fact is that only discrimination that is prohibited by law is forbidden. For example, an employer may discriminate by promoting only graduates from Yale, Cornell or UCLA while giving Harvard graduates dead-end jobs. If a manager or employer is an "equal opportunity" jerk who is unkind and abusive to all employees regardless of their protective characteristics, it's likely a different situation than if she treats only persons from a protected class (i.e., religion, gender, sexuality, nationality, etc.) or persons who oppose unlawful discrimination poorly. You should contact an experienced employment lawyer to get advice about whether your rights have been violated. -
Answer Applies to: California