I have filed an EEOC/FCHR retaliation complaint against my former employer in 2006 and been told that I did not engage in a protected activity although I was a witness in a lawsuit concerning the same state agency in 2005 and filed a formal complaint with the State Department of Education against my former supervisor (2005).

Would either of these constitute protected activity? What are the legal time limits, if any for protected activity? I engaged in numerous protected activities in 2003 against the same agency. Would any of the 2003 activities suffice for the 2006 complaint?

1 answer  |  asked Jul 30, 2006 6:56 PM [EST]  |  applies to Florida

Answers (1)

Neil Klingshirn
What was the gist of the complaint?

Whether you have a claim depends in large part on the substance of the complaint that you made about your manager. If you complained about his sexually harassing or discriminatory behavior, your complaint was probably protected from retaliation, meaning that you may have a claim against the manager and company if you can prove that the conduct was the cause for the termination.

If the complaint was that your manager was a poor boss, smelled bad, was lazy or even unfair, the complaint was probably not protected since that conduct (smelling bad, being unfair) is not against the law.

I am willing to discuss your case through a telephone consultation if you like. If you would like to schedule one, call Jenny at 330.665.5445.

Best regards,


posted by Neil Klingshirn  |  Jan 16, 2007 09:27 AM [EST]

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