Do I have a case of retaliation or a filing with EEOC.

Asked about 1 year ago - Ellwood City, PA

I had filed a complaint with my HR dept. a few weeks ago about some inappropriate conduct between to fellow associates. The end result was termination for both. Now 4wks later they are moving me from my current dept. to another dept. Claiming it's a business move but that's an excuse they are using. No other clerk is being moved. I feel like I'm being used as an example for bring this forward. Not sure what to do. They are bringing someone from another shift to replace me. My job wasn't vacated. Prior to this my manager told me he was going to continue his own investigation into the problem in my dept. and now I'm the one being moved because I had been complaining about the conduct in the office. Help

Attorney answers (3)

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    Lawyer agrees

    Answered . I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

    That being said, it is illegal to retaliate against an employee for complaining of a hostile work environment based on illegal discrimination. If you are being transferred, and that transfer is due to your complaint, and the transfer has a negative effect on you or your career, then you may have a retaliation claim - and you have 180 days to file a complaint with the PHRC, or 300 days to file with the EEOC. You should contact an employment attorney ASAP.

    /Christopher E. Ezold/

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My... more
  2. Answered . First of all, from a procedural standpoint, a retaliation claim must first be brought to the EEOC. The EEOC will investigate the matter and make a ruling. Once they do this, regardless of the ruling, they will give you a "right to sue" letter that allows you to bring your claim in federal court (if it's based on federal laws).

    For a retaliation claim to be successful, one element that you will need to prove is that you were subject to an "adverse employment action." This could be in the form of firing, demotion, or transfer that also includes negative impact to you in the form of decreased salary, loss of benefits, lesser job title, less responsibility, etc.

    From the facts you presented, there may be enough to prove a case of retaliation. You should contact an experienced employment lawyer to further discuss the merits of your case and what steps should be taken next.

    The information contained in the communication is provided for informational purposes only and is not, nor is it... more
  3. Answered . Sounds like a possible retaliation case. Call a competent employment law attorney because a full intake interview needs to be done to determine if you have a case. Merely reporting inappropriate conduct may not be enough but it depends on what was reported.

Related Topics

Employee rights

Employee rights in the United States include receiving legal and agreed-upon wages, working in physically safe conditions, and being free from harassment.

Protections against employer retaliation

Employer retaliation sometimes occurs when employees report illegal, unsafe, or harassing conditions in the workplace. You have rights against such punishment.

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