Employee went to HR to ask for clarification on changing demands in current role. Employee was top performer. Did not complain specifically about anyone in leadership. Was rated "achieves expectations" in most recent performance review. Never on any corrective action. Three weeks later employee was put on corrective action for "lack of proper support and expectations of role". Two weeks prior to Implementing corrective action, peers informed employee that manager claimed he did not get promotion because said employee went to HR and he will "take of him in two weeks". Does this qualify as retaliation?
Most likely not, unless the person complained about discrimination on the basis of age, gender, race, national origin, religion, disability, or other protected activity (tried to set up a union, complained to OSHA, as examples). There isn't enough information here to make a clear assessment, because I don't know what "changing demands in the current role" means. If the role was changing only for that person, and he or she complained that it was based on race or gender, for example, then maybe there is a case. If the person complained that the work was too demanding or gave the impression that he/she couldn't handle the demands of the job - then that would likely be a reason not to promote someone legally. Unfortunately, in Florida and in most places, unfair does not always equal illegal. Call an attorney to have a consultation to fully investigate any possible legal claims. Best of luck to you.
All information is provided as general legal information; no attorney-client relationship exists.
It depends on what the employee was complaining to HR about. Was it about discrimination? Was the employee explaining that they and other employees needed better pay? If so, maybe there can be claim. If your worried about the situation I suggest consulting with an employment / discrimination attorney.
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