Is cutting my hours and not giving me a raise considered retaliation

I reported finding pot at my workplace, poor management practices and policy/procedural infractions. My GM was talked to but nothing has ever been done and my request for a transfer was denied. Since then my hours have been cut from 37 down to 29 hours per week and everyone was given a raise due to minimum wage going up accept me. I already make more than minimum wage but doesn't seem right to give everyone else a raise, management included who also make more than minimum wage and not me. Is this considered retaliation?

2 answers  |  asked Mar 29, 2013 10:02 AM [EST]  |  applies to Ohio

Answers (2)

Mark Napier
Possibly its illegal retaliation. An employer is not permitted to retaliate against an employee who engages in what is known as "protected activity." You need to consult with an employment law attorney in your area to review the facts and determine your best course of action.

posted by Mark Napier  |  Mar 29, 2013 10:29 AM [EST]
Neil Klingshirn
A claim of retaliation requires:

1. That you engage in protected conduct;

2. That you suffer an "adverse employment action;"

3. The protected conduct and adverse action are "causally connected.

Having your hours cut and being denied a raise are probably adverse employment actions. From the timing, it sounds like they may be causally connected to your reports. However, whether reporting that you found pot and reporting that management practices were poor and policy not followed, are "protected conduct," IS unclear. For example, there is no law against an employer failing to follow its own policies and procedures.

Ohio's whistleblower's statute defines what you can report that will be protected from retaliation. Google ORC 4112.52. Note that there are specific requirements about making a verbal report, then following it up in writing. If you followed those steps and then suffered adverse action, you may have
a retaliation claim at that point.

posted by Neil Klingshirn  |  Mar 29, 2013 10:28 AM [EST]

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