Q: Does IT, data or information sabotage by supervisor also prove retaliation, fraud, discrimination or IIED?
The employee elevated unlawful discrimination and harassment complaint by a Manager. After the complaint, HR ignored and didn’t issue consequences to supervisor who harassed employee which led to pervasive sabotage and stress. The employee had a disability and informed the employer, they requested no additional information from the employee nor did they investigate the claim after it was elevated to management.
A:
It could be used as evidence of retaliation. It would be a stretch, but it might be part of a claim of intentional infliction of severe emotional distress. I don't see how it would fit into a fraud cause of action.
Keep in mind that retaliation is only unlawful if the trigger for the retaliation is your engaging in some kind of legally protected act. Unlawful discrimination is where the unequal treatment is based on your membership in a protected class of people. Malicious retaliation not based on the above is not unlawful.
Far more would need to be known about the situation before anyone could reliable tell you if you have a meritorious legal claim. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
Brad S Kane agrees with this answer
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