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Retaliation for Filing an EEOC Complaint

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  • 10-19-2016, 02:17 PM
    lawfacts
    Retaliation for Filing an EEOC Complaint
    An employee filed a complaint with the EEOC alleging racial discrimination. Three weeks later, the employee was reduced from full-time to two days a week, and the next day his schedule was reduced to one day. He was then sent a message from his supervisor indicating that he was being removed from the schedule and needs to come into work for a meeting. The supervisor would not say what the meeting was about. The employee believes that the schedule changes and meeting are about firing him or getting him to quit, in retaliation for the EEOC complaint. What should the employee do? Should he attend the meeting?
  • 12-06-2016, 10:42 AM
    Mr. Knowitall
    Re: Retaliation for Filing an EEOC Complaint
    The timing certainly is suspect. I think he should do the following:

    1. Find a plaintiff-side employment lawyer, and discuss the case in detail with the lawyer. Ideally this will occur before the meeting.

    2. Contact the EEOC and update them on events since the complaint. Ideally this will occur after the consultation with the lawyer but before the meeting.

    3. Attend the meeting. Whatever the employer's intentions, failure to attend would support the employer's terminating the employee for cause.
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