Comments on: Is This Ilegal Retaliation Based On Eeoc Definition?

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By: evilatto

evilatto — Thu, 04 Feb 2010 12:38:43 +0000

It’s interesting that you waited until the end to state that you had only been with the company for 3 weeks. It does not appear that the actions of your former coworkers rose to the level of discrimination, certainly not under the guidance provided under the US Supreme Court decisions on such matters. While you are free to pursue your grievance, be aware that doing so may make you unemployable.
Spend some money and consult with an attorney before you completely compromise your career.

By: Rocket French or Bust

Rocket French or Bust — Thu, 04 Feb 2010 08:35:32 +0000

Michar is right, but the EEOC may feel differently, but either way to have a case you will need to get a lawyer that feels that you have a case.
If you know any other employees that have been fired for unjust means, get together and contact the EEOC, but individually, you will have a tough case to sell, to a lawyer and the EEOC.

By: Cappo359

Cappo359 — Thu, 04 Feb 2010 07:17:42 +0000

Okay, after slogging through your incredibly long and detailed question, I found one sentence near the end of your first set of Additional Details that shed a little light on what happened; You said you’d only been with the company for 3 weeks? And in that time you had complained about a company executive for what you perceived to be sexual and racial harassment, you submitted a power-point presentation critical of the HR department and management in general, and you publicly reprimanded another employee, who did not even report to you, for inappropriate behavior including touching him?
It sounds to me like you were terminated for a lack of common sense; what you did was not the bright thing to do, especially when you’re the new guy. It wasn’t because you were a “whistle blower,’ it’s because you came off as a trouble maker. Also, don’t assume “Mike” and “Joe” were telling you the truth regarding their involvement in your termination; they just may have you pegged as someone who’s likely to include them in a lawsuit against the company.
Bottom line, no, I don’t think what they did was illegal, and I’m sorry if this sounds harsh, but I’d have let you go as well.

By: Slide1ov

Slide1ov — Thu, 04 Feb 2010 02:28:19 +0000

I am a Mexican American, from cali. and i have seen much of this in my life. It’s nice you mad a stand.
I’m not sure i understand what he was tring to say, but that is niether here nor there.
On the sexual side. you again did the right thing.
Onca a guy kept trying to pick up on my live in girlfriend at the time. She showed me a letter, and i said.
“honey either you take care of it or i will. She told her boss and he was repremanded. I can just imagine if he would of done, or said the things you discribe.
Win or lose, you file a complaint. If you do not win. i bet they think twice before doing idiotic things as they have done.
Get all wittnesses, and paperwork. Be ready….they will be.
Luck.

By: michr

michr — Wed, 03 Feb 2010 23:00:57 +0000

i do not believe that what you describe rises to discrimination or retaliation and as i have already answered this i will repeat for you:
“you can file a complaint with the EEOC if the actions made you feel uncomfortable. you also have a complaint due to an adverse job action being taken. the fact that you did touch the coworker will not help your case. after the EEOC takes your complaint and makes a determination you are free to proceed with private civil action if you disagree with their decision.”http://www.eeoc.gov/charge/overview_char…
click on the link to file a complaint with the EEOC
that is the only way for you to find out if this was discrimination or retaliation or not.
by the way the quote about opposition has nothing to do with whistleblowing or retaliation. this protection is for the employee who opposes the discrimination, says they oppose it and what they are legally allowed to do in opposition to the discrimination. this is totally unrelated to your story unless you are trying to tie opposition protection to your power-point presentation and even then the point fails.