Greenbelt, MD asked in Employment Discrimination and Employment Law for Maryland

Q: Can a job terminate you for an invalid reason, retract the termination & offer you a different position at a lower rate?

My termination was retaliation due to complaints of discrimination & inappropriate touching against my peers. I challenged the termination & they tried to force me to take a lesser position. I have no previous work performance issues. The HR department is refusing to allow me access to my employee file & any documentation supporting this termination. They sent a document to me saying I was terminated then sent a second saying I resigned.

2 Lawyer Answers
Eydie R. Vanderbosch
Eydie R. Vanderbosch
PREMIUM
Answered
  • Employment Law Lawyer
  • Chicago, IL

A: You should find an employment lawyer in your state to see if you have claims for discrimination and retaliation. You would also have a claim for the company denying you access to your personnel file. They m ay attempt to dispute your unemployment benefits so it is good that you have both letters to show that the company lacks credibility.

Joseph D. Allen
Joseph D. Allen
Answered
  • Employment Law Lawyer
  • Hunt Valley, MD
  • Licensed in Maryland

A: Certainly retaliation against an employee because of protected complaints that the employee makes in good faith is a violation of federal and Maryland laws. But every case and situation is different. You should discuss all the facts and circumstances with an attorney who practices employment law.

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