Retaliation?
Recently I contacted the GM of the company I work for on behalf of other employees. The Office Manager in our office as well as another member of managemnt had been making derogatory comments about some of the employees in the office (i.e dumb broad, crackhead, worthless etc. etc.) I also let her know that one of the members of management had been drinking alcohol on the job. I also am a member of management and felt what was being done was not right and also is against our company policy. Within 2 weeks of talking to the GM I was laid off due to lack of work. I feel my being laid off was due to going to the GM with my concerns since I am the only member of management to get laid off. Is this considered retaliation?
1 answer | asked Dec 28, 2006 2:21 PM [EST] | applies to Ohio
Answers (1)
A retaliatory discharge requires:
1. you engaging in protected conduct;
2. your employer terminating your employment; and
3. a causal connection between your protected conduct and discharge.
Whether or not your termination and your complaint to management are causally connected is a factual issue that will ultimately be decided by a jury. On the face of it, though, the timing is highly suspicious. If your employer replaces you or you can otherwise prove that the downsizing was just an excuse to get rid of you, you may be able to make a causal connection.
The other issue is whether you engaged in protected conduct. Calling an employee "worthless" is probably not unlawful, so a complaint about that comment is probably not protected. Calling an employee a "crackhead" may be defamatory and therefore actionable, such that your complaint to management might be protected. Reporting a concern with a sexually hostile environment and, perhaps, a concern with a manager's drinking habits, may qualify as protected conduct. However, I would need to know the specifics of each of the complaints.
If you believe that your discharge may in fact be unlawful, I recommend that you consult with an attorney quickly. The time limit for bringing some types of complaints is very short, such as 90 or even 30 days.
Regards,
Neil.
I
posted by Neil Klingshirn | Jan 2, 2007 1:07 PM [EST]
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