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Demoted for Reporting Manager's Misconduct

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  • 09-22-2014, 09:38 PM
    defamed
    Demoted for Reporting Manager's Misconduct
    My question involves labor and employment law for the state of: texas: i was demoted, hours taken away, and taken off the schedule, in retalation for reporting the managers of stripes convience store to the home office. my job location was changed my disability talked about between the managers of theses stores and i was humilated, to the point of having stomach ulcers. what can i do can i sue the manager or the company
  • 09-22-2014, 10:15 PM
    flyingron
    Re: Harassment and Discrimanation
    You don't typically have any legal recourse for such whistleblowing. Unless it was done for reasons of race, religion, etc... there's no legal claim for discriminiation, etc...
  • 09-23-2014, 04:53 AM
    eerelations
    Re: Harassment and Discrimanation
    There is protection for whistleblowing of many types not just those related to illegal discrimination. We need to know what the OP actually reported before we can decide if he/she is experiencing illegal retaliation.

    OP, what did you report the managers for doing?
  • 09-23-2014, 08:33 AM
    flyingron
    Re: Harassment and Discrimanation
    Those two sentences were unrelated sentences. I doubt highly that griping about store managers behavior to management gives him any protection. New Mexico has NO private sector whistleblower protection. Federal private employer whistleblowing is mostly restricted to Sarbox stuff, and doubtful they apply here either.

    My second comment is that they are allowed to discriminate unless it's for one of the protected class reasons.

    Being a chronic complainer is a perfectly valid reason for demoting/firing/etc...
  • 09-23-2014, 08:40 AM
    cbg
    Re: Harassment and Discrimanation
    Federal law, however, protects them if they complained about sexual harassment, for example. While it is LIKELY that no whistleblower statutes apply, until we know exactly what the managers were reported for, we can't say for CERTAIN.
  • 09-23-2014, 08:40 AM
    eerelations
    Re: Harassment and Discrimanation
    Quote:

    Quoting flyingron
    View Post
    I doubt highly that griping about store managers behavior to management gives him any protection.

    Depends what the store managers' behaviour actually is...if they were stealing from the company or breaking bylaws and covering it up, there might be whistleblower protection. We can't say at all for sure until we know more details about the OP's complaint.
  • 09-23-2014, 01:37 PM
    chyvan
    Re: Harassment and Discrimanation
    Depending on how much of a demotion, and how long it's been since it happened, and what you've done to complain about it, you might be able to remove yourself from the situation and collect UI until you find another job or the UI runs out.

    "taken off the schedule," this makes me think you're already fired, so UI is the easy thing to get.
  • 09-28-2014, 01:02 PM
    defamed
    Re: Harassment and Discrimanation
    this happened to my girlfriend she reported the manager for misconduct or misaproation of funds. the store was collecting money for driscol hospital charity and the manager was taking money everytime the store sold a refill fountain drink and putting it in the charity fund instead of the register where it belongs, my girlfriend thinks also because of her disabillity they fired her, she is considered disabled, for depression and aniety and ptsd, do to a rape and the death of her father.
  • 09-28-2014, 01:14 PM
    adjusterjack
    Re: Harassment and Discrimanation
    Quote:

    Quoting defamed
    View Post
    this happened to my girlfriend she reported the manager for misconduct or misaproation of funds. the store was collecting money for driscol hospital charity and the manager was taking money everytime the store sold a refill fountain drink and putting it in the charity fund instead of the register where it belongs,

    That seems a little too structured to have not been approved by the manager's superiors. Besides, ratting out the manager was the kiss of death.

    Quote:

    Quoting defamed
    View Post
    my girlfriend thinks also because of her disabillity they fired her, she is considered disabled, for depression and aniety and ptsd, do to a rape and the death of her father.

    Considered by who?

    Apparently, her "disability" didn't keep her from working for a living and didn't require any accommodations so that's probably got nothing to do with why she got fired.

    I think she has nowhere to go with this except down to the unemployment office.
  • 09-30-2014, 11:28 AM
    defamed
    Re: Harassment and Discrimanation
    she is considered disabled by her personal doctor, social security and disability doctors as well, she currently recieves six hundred a month from ssi, which is ridiculously low no one can live on that amount. reguardless this manager stole from the company and when my girlfriend reported this is when all the problems started the home office didnt seem to concerned with it but we never took this matter to stockholders who i think would be very concerned
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