Is this constructive discharge or retaliation?

I have been employed by my employer for a little over three years.  Working on average 30 hours a week.  We recently acquired a new store manager.  To start she was giving me the same amount of hours that were promised to me via the old store manager, however, she hired on seven people straight away from her previous job (that number continued to grow).  She then cut the majority of the "old teams" hours down to zero.  I went from working almost full time hours down to zero hours. When I would ask to be put on the schedule she would tell me that she is already fully scheduled (all hours were being given to her friends she brought over). It is such an uncomfortable environment, I called out for the one four hour shift I was scheduled in the last month.  I have been getting sick due to such high stress from not having any hours.  The high stress has also led to unhealthy blood sugar fluctuation, as I am a Type 1 Diabetic. I have not been fired, yet I am not getting hours.  I have photos of the previous schedules where she started giving all the hours to her friends.  I also filed a complaint with OSHA, OSHA paid my employer a visit while I was on vacation I have not been scheduled.

1 answer  |  asked Nov 9, 2019 1:41 PM [EST]  |  applies to Colorado

Answers (1)

Nina Kazazian
If you can show that your hours were cut because you made a whistleblower complaint, you may have a claim for retaliation. Those types of claims need to be raised with the CCRD (or EEOC) within 180 days, so time is running out.

The facts you describe beg additional questions and answers, so it isn't possible to give you a definitive answer here. I see that your question was posted 4 months ago and hadn't been answered here. Given the time lapse, I hope you have already consulted with a lawyer. If not, please do so right away.

posted by Nina Kazazian  |  Apr 25, 2020 4:34 PM [EST]

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