Results 1 to 10 of 10
  1. #1
    Join Date
    Jan 2017
    Posts
    2

    Default Retaliation for Filing an EEOC Complaint

    I was recently discharged for allegedly " excessive breaks"...I went on to file a complaint with the EEOC but found out I already have a case pending from July.....Im now under the impression that my firing may have been in regards to me filing a case with the EEOC in July ....now I dont have a case # or a investigators name ....all I know is when I called EEOC is they they say I already have a case pending ...I have been trying to contact the field office my EEOC case has been assigned to ...to find the status of my case ...therfore is it posible that by them investigating my original issue it may have caused me to be terminated if they contacted my employer ? ? ...plz advise because I have clearly not done anything to be terminated... ? Is there any course of legal action I can take and how do I get legal representation thats attractive to a Lawyer to fight a case I have no income except income won in Unemployment hearing recently ?
    I already understand " wrongful " termination is a long shot even tho i have proof on camera that I can be proven innocent...however if this termination is posibbly tied to me contacting the EEOC prior to my dismisal as I suspect it to be ...can I seek help from a Lawyer and how do I approach one ?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Retaliation

    Your post makes it sound like you had no idea there was a case with the EEOC from back in July. But how could that be? You would have had to file a complaint with the EEOC for that to happen. Perhaps the EEOC caseworker confused you with someone else that had filed a complaint. Something is amiss there.

    If the employer terminated you because you filed a complaint with the EEOC that would be wrongful termination. However, it does not appear that you have any evidence to suggest that is actually the reason you were fired.

    I suggest you consult an attorney who litigates employment discrimination and wrongful discharge claims in your state. (You did not mention the state and that matters because only a lawyer licensed in your state will be able to help you.) Most lawyers that handle those kinds of cases will give you a free initial consultation, so you shouldn’t have to pay anything to find out if you might have a good case to pursue.

  3. #3
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Retaliation

    I have to agree that I don't understand how you didn't remember the July EEOC claim.

    But even if you have a pending EEOC claim, if you took excessive breaks against policy, they can terminate you for that. They would probably have to prove that they also terminated others (over time) for taking excessive breaks to prove that the EEOC claim wasn't the reason, but if that is how they normally operate, then it would not be retaliation for the EEOC claim.

    And honestly, you haven't stated what your original claim was for or even this one -- it is perfectly legal to terminate you for excessive breaks. What were the EEOC claim(s) for? Age, gender, race, use of FMLA/ADA etc? How do you think you were discriminated against?

    It is possible you might have a retaliation claim, but I kind of doubt it.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Retaliation for Filing an EEOC Complaint

    Quote Quoting yohoun1965
    View Post
    I was recently discharged for allegedly " excessive breaks"...I went on to file a complaint with the EEOC but found out I already have a case pending from July.....Im now under the impression that my firing may have been in regards to me filing a case with the EEOC in July ....now I dont have a case # or a investigators name ....all I know is when I called EEOC is they they say I already have a case pending ...I have been trying to contact the field office my EEOC case has been assigned to ...to find the status of my case ...therfore is it posible that by them investigating my original issue it may have caused me to be terminated if they contacted my employer ? ? ...plz advise because I have clearly not done anything to be terminated... ? Is there any course of legal action I can take and how do I get legal representation thats attractive to a Lawyer to fight a case I have no income except income won in Unemployment hearing recently ?
    I already understand " wrongful " termination is a long shot even tho i have proof on camera that I can be proven innocent...however if this termination is posibbly tied to me contacting the EEOC prior to my dismisal as I suspect it to be ...can I seek help from a Lawyer and how do I approach one ?
    I'm not sure you understand what a "wrongful termination" actually is. This is pure speculation on my part, but it sounds like you were fired for doing something you don't think you were doing and/or you have video evidence that shows you didn't, or something along those lines. If that's the case, firing you for something you didn't do isn't a wrongful termination.

    So help us out here.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Retaliation for Filing an EEOC Complaint

    I swear I've already answered this post. Maybe it was on another board. Probably, since I don't remember some of these details.

    IF you already have an EEOC complaint (and I have to agree it's hard to imagine you wouldn't know that) and you think you can show that it there could have been no reason for it other than retaliation, by all means add it to your other claim. You don't need to open a second one.

    However, a wrongful termination does not mean that you were terminated for something you didn't do. It means you were terminated for a reason prohibited by law. It is quite legal to fire you for excessive breaks, even if you have an EEOC claim open.

  6. #6
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Retaliation for Filing an EEOC Complaint

    Quote Quoting cbg
    View Post
    I swear I've already answered this post. Maybe it was on another board. Probably, since I don't remember some of these details.

    IF you already have an EEOC complaint (and I have to agree it's hard to imagine you wouldn't know that) and you think you can show that it there could have been no reason for it other than retaliation, by all means add it to your other claim. You don't need to open a second one.

    However, a wrongful termination does not mean that you were terminated for something you didn't do. It means you were terminated for a reason prohibited by law. It is quite legal to fire you for excessive breaks, even if you have an EEOC claim open.
    On another board.

  7. #7
    Join Date
    Jan 2017
    Posts
    2

    Default Re: Retaliation for Filing an EEOC Complaint

    The original EEOC case was fillled back in July 2016 as I was attempting a promotion within the company whereI was working ....my actual position was being faded out ....so I applied for a new position... as I was asked to redo a background check and a drug test for the new position I agreed although I had done this on my original hire ....at the time I had been set in limbo for over three weeks without pay whilst the Employer waited to get the information back of course I filed for unemploymeent ....during this time I was notifed by my Employer by mail from the home office that my background check showed non competitive ...I had a mistermenor on file e from 1993 which they said I didnt disclose upon my hiring on my original hire date a year before....during that process I received a letter from there security investigation saying that I was not elgible for hire or competible and also a letter from the Texas workfore saying the Employer had said I was laid off. So I was elgible for unemployment ...accordingly I was actually still waiting on background check and drug test verbally all of this was sent by mail from the home office...in fact I was called back to work... I began clocking in an out whilst receiving all this documentation as my Employer called me back to work whilst they waited for all this information to come back so I was still employed ....I was neither unemployed nor terminated however this is the documintation I received in the mail in July all the time I was waiting but my Employer never said I was fired during this process I was oit of qork so I felt at right to fike a complaint with the EEOC in July however in the 1rst week of August was asked to come in and explain to mgmt why I did not disclose a misdermenor on my record form 1993....I informed them that this was not in mind at the time I filled out the application ...and it was so long ago and not a pattern since it was 25 years before and 33 years behind there was no pattern to what they were looking at plus it was a misdermenor... that I never had issue with it at all " so " they reviewed my answear and decided to allow my promotion to go thru...now during the weeks of limbo and all of the different documentation I received I filed a claim or concern with the EEOC in July ....I went back to work in August therfore I never got a response on the original claim from the EEOC ... on December 12 th I called the EEOC to place a " new " claim after I was terminated ... they informed me that wasnt necessary because I already had a claim pending...knowing that in the fact that my Employer appealed my unemployment benefits and the reason not being logical leads me to believe that this may be in retaliation for filng in July....excessive breaks there evidence is a picture of me drinking a cup of coffee....it doesnt show " how long " a picture not a video and accourding to the workfore the picture is really unclear and they refused to supply a video to show the break was excessive and by fact Im not the only employee who gets coffee the coffee is placed in the breakroom by the company because of cold weather for the employees rather so a single photo doesnt give a time line nor does it prove excessive ...now If somone wants to retaliate I would like to see if thats a way to get me out because I made an inquiry with the EEOC .... and they use a photo...the workfore said they asked for a video for a timeline also they asked had I not been told about getting coffee...none of this was evident so Im only saying what the company says I was alledged to be doing ...not saying I agree with it in anyway...I think they were wrong and finding any little straw w to dismise me ....when I called the EEOC on Dec 11 .....I had not saught a resolution I assumed my original claim was closed ...they said it was open and pending ....no need to file a new claim " so " Im here wondering if I received " retaliation " because I filed and also since I didnt know it was still pending its posible right ....I got terminated within a week of a write up ...is it posible that my employer may have been offended by me reaching out the EEOC in July I felt perhaps ?....I never went into details in my original thread because its dificult to expain but basically I called the EEOC in Dec 2016 to file a discrimination claim however I was told no u have a case already pending ....when I was called back to work in August I assumed the EEOC had closed the case because I never heard back from them .....if Im working and dont know the EEOC is working with my Employer to address a concern perhaps somthing has occured during this process since I never received a parcel or phone call I thought the case to be closed I was working ....now if they are investigating my inquiry amnd Im unaware of it ....then perhaps there is retaliation as my review with the Investigator in my appeal at the workforce informed me a single picture with no time line is simply not enough to prove anything excessive or excluded from all the other employees in the break during ,before and after I got a cup of coffee however that is what I was terminated for ...so is it far more to it ....that is why I filed to the EEOC ....I didnt disclose this earlier because I felt it would be hard to explain..I understand that wrongful termination is harsh and not an easy claim for anyone however if I stand by an do nothing then Im not even trying to answear the question as to was I terminated fairly or was there a deeper cause I wasnt aware of ....Im not a Lawyer I have a lot of respect for the the Lawyers,courts and my Employer but youu try sleeping at night after loosing a good paying job and trying to figure out why out of blue and you will find no peace at all....Im doing whats right ....for myself and for my conscience if somone wants to judge me by what they say I alledge to do so be it ....Im here to get advice on how to get to the next level with the EEOC ....not to ask for a votee of confidence in the details of what led to my dismisal .....there is two sides to every story ....Ill take my chances if you ask me but somthing just doesnt add up to a suden termination after doing so well in a company im here to ask that I be heard and let the chips fall where they must ....but I never agreed on my breaks being excessive ....I said that was what they alledged ...proof is in a video if they ever provide it ...it will show my activity at the time in question as well as how long I took in area of the break room drinking or getting coffee but to sign off on a photo with a cup of coffee I think is simply not enough sir or mam

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Retaliation for Filing an EEOC Complaint

    HAVE YOU OR HAVE YOU NOT RECEIVED A "RIGHT TO SUE" LETTER FROM THE EEOC?

    Answer the question please!

  9. #9
    Join Date
    Jan 2017
    Posts
    26

    Default Re: Retaliation for Filing an EEOC Complaint

    I'm not seeing anything to suggest that you have any kind of legal claim at all.

  10. #10
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Retaliation for Filing an EEOC Complaint

    A couple of observations. First, the federal Equal Employment Opportunity Commission (EEOC) enforces the federal laws relating to illegal discrimination by employers against employees. Those laws make it illegal for an employer to discriminate against you because of your race, color, national origin, citizenship, religion, sex, age (if you are age 40 or older), disability, or genetic test information. That’s it. If you believe your employer discriminated against you for one of those reasons then your first step is to file a complaint about that with the EEOC. You filed a complaint back in July. If the EEOC thinks there might be merit to your complaint, it will sometimes seek to mediate between you and the employer to try to reach a resolution to the problem. On rare occasions when that fails the EEOC will decide to litigate the case itself for you.

    Unless the EEOC decides to take up the case for you the end result of the EEOC investigation is that you get a “right to sue” letter. Understand something very important about the right to sue letter: it does not mean that the EEOC thinks you have a good claim against the employer. The only thing it means is that the EEOC has decided not to litigate the case for you. The significance of the letter to you is that you need to have that letter before you may go to court and sue the employer yourself for a violation of the federal employment discrimination laws. So not hearing from the EEOC would generally tell you the case is still open. You would have received a right to sue letter if the EEOC closed the investigation.

    Your state laws may have a different process for violations of its employment discrimination laws, and you’d want to make sure that you also comply with that process if the employer violated the state law, too.

    With that in mind, if the employer terminated you either because of illegal discrimination or because of illegal retaliation for making the first EEOC complaint, you do want to make a second complaint about that. I’m concerned the person you spoke with at the EEOC might not have understood that you were calling to report additional discriminatory acts by the employer. If you do not get a complaint in about the termination you might lose the right to sue for that. You really want to make the complaint in writing to help document it in case the employer challenges that later. You may want to have a lawyer who litigates illegal discrimination cases to help with that. You need to ensure that the complaint gets done within as little as 180 days in some states (though in others it will be 300 days). So if you think the employer illegally discriminated against you, I would suggest you not wait to find a lawyer. Do it now, discuss what happened at your job with the lawyer, and see if you have a case worth pursuing.

    That said, I’m not seeing anything that jumps out at me here that indicates the employer illegally discriminated against you or retaliated against you for the EEOC filing. The employer found an undisclosed misdemeanor in your background check and that took time to sort out. There is nothing illegal about that. The company could have just fired you then because of that if it wanted to get rid of you. But instead the company gave you the promotion you applied for. If the company didn’t like you because of your race, sex, religion, or whatever, it would seem unlikely that it would give you a promotion. Now the company terminated you for allegedly taking excessive breaks. If that is the real reason for the termination (regardless of whether the company is right about the breaks you took) that is not illegal.

    Could the company have really terminated you in retailiation for the EEOC complaint? It’s possible, but you haven’t pointed to any evidence of it. You don’t even seem to know if the company had yet been informed of the complaint by the EEOC. And so far, it appears the EEOC has taken no action against the employer because of it. So why would the company retailiate if the complaint isn’t going to go anywhere? In any event, if you sue claiming retailiation you have the burden to prove it. Thus you need to have evidence that shows the company retaliated. If you have no evidence to support it, you’ll lose.

    Finally, let me make a minor suggestion for future posts. If you could break longer posts down into paragraphs, capitalize the start of each sentence, and end each sentence with just one period instead of four it will make your posts much easier to read. I had kind of a hard time wading through that big block of text. If you make it easier to read, more people will read it and you’ll get more input.

    1. Sponsored Links
       

Similar Threads

  1. Discrimination: Retaliation for Filing an EEOC Complaint
    By lawfacts in forum Employment and Labor
    Replies: 1
    Last Post: 12-06-2016, 09:42 AM
  2. Supervisors: Retaliation by an Employer After Employee Made an EEOC Complaint
    By kryfam in forum Employment and Labor
    Replies: 4
    Last Post: 10-20-2016, 01:49 PM
  3. Replies: 9
    Last Post: 02-04-2016, 03:04 PM
  4. Discrimination: What Do You Do After Filing an EEOC Complaint
    By sweetpea2013 in forum Employment and Labor
    Replies: 1
    Last Post: 08-09-2013, 12:13 PM
  5. Disabilities and Accommodation: Retaliation for Filing an EEOC Complaint
    By stressedoutondialysis in forum Employment and Labor
    Replies: 10
    Last Post: 04-24-2012, 08:08 AM
 
 
Sponsored Links

Legal Help, Information and Resources