Q: Does this meet the bar for retaliation?
I a 64 and after nine years was terminated "at-will". Story: I was written up three times in a month for petty non-issues after my supervisor got in MUCH trouble because I put in for overtime after discussing it with her. She neglected to inform me of the"no over-time" policy and wrote me up for insubordination, plus two more times for minor issues already resolved. A few weeks later I'm terminated for "at will". Prior to the write-ups, I had received many emails on my good work.
A:
While it may or may not be retaliation, it is not unlawful retaliation.
Retaliation becomes unlawful if the triggering activity is some form of legally protected conduct. What you describe does not involved legally protected conduct that triggered the actions of your supervisor.
Good luck to you.
Maya L. Serkova agrees with this answer
A:
While what you describe does not appear to be an actionable retaliation, these types of cases are very fact specific.
I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free of charge initial consultations, and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.
You can look either on this site in the Find a Lawyer section or go to California Employment Layers Association (www.cela.org), an organization whose members are committed to representing employees’ rights.
Sincerely,
Maya L. Serkova
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