Unfair Labor Practices

In April of 2002 myself and a friend, as well as some others, were laid off from SBC Ameritech. We were told at the time that we were going to be on a waiting list to be re-hired back on within two years. Just recently in March of 2004, we called the employment office of SBC to check the status of this and was told that we were not eligable for re-hire due to issues on our record such as attendence and misconduct. We were never fired for those reasons but laid off as were other people. We feel that this is retaliation for certain things that went on before the lay offs. For example: We reported certain conduct issues such as sexual harassment in the work place and being forced to work with someone who came to the job as drunk, and verbal abuse. We were part of a union. However, the union said that since we informed management they couldn't help us. Management said that they couldn't help us b/c we informed the union. ???? We just found out about the no re-hire list in March of this year. Do we have a case?

1 answer  |  asked Jul 3, 2004 11:55 PM [EST]  |  applies to Indiana

Answers (1)

Brenda Franklin Rodeheffer

If you have a case it would be a difficult one. The first question is what happened to the others laid off? Were they rehired? Some issues, such as sexual harassment, can create a retaliation claim, but in general there is no right to freedom of speech in the private workplace.
That you waited so long to check on the status will be a major problem.
You could always check with EEOC about filing a charge.

posted by Brenda Franklin Rodeheffer  |  Jul 6, 2004 08:32 AM [EST]

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