What recourse do I have when my employer laid me off after filing a discrimination claim with H.R.?

I was laid off shortly after I filed a discrimination claim with my employer's H.R. office. At the exit interview I was told that my position was eliminated. However the employer advertised my position as available approximately two months after I was let go. Do I have any recourse?

1 answer  |  asked Oct 2, 2014 2:04 PM [EST]  |  applies to Oklahoma

Answers (1)

Neil Klingshirn
You need to consult with an employment attorney in Oklahoma, but on the face of your facts it would appear that you have a potential claim for retaliation.

Another fact to consider is whether your old employer employed 15, 20 or more employees, as the federal discrimination laws only cover employers with 15 or more employees, except for age discrimination, which covers employers with 20 or more employees. In addition, ask an employment attorney if Oklahoma has a law within the state prohibiting discrimination.

If you cannot find an employment attorney, consider going to the Equal Employment Opportunity Commission. It is the federal agency that enforces the federal anti-discrimination and retaliation laws.

posted by Neil Klingshirn  |  Oct 2, 2014 2:55 PM [EST]

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