Q: Do I have a case on the grounds of retaliation by a manager?
In January of 2022, I filed a complaint against my manager to her manager. I also involved HR since a similar complaint that was filed two years prior was overlooked by her manager. Almost immediately after her manager spoke to her, she began retaliating against me. She began excluding me from emails that were important to perform my duties, she abruptly changed my schedule and then offered schedules that she knew would conflict with my kids schedule, and she met with me, by myself, and then immediately after the meeting sent me an email and told her boss I was yelling and being insubordinate threatening to write me up. What she did not know what I recorded the entire interaction and went to HR to prove none of what she said was true. Eventually, I wrote a report to the compliance department and then I quit in May 2022 due to the harassment. I am still waiting for the outcome of the compliance complaint but it has almost been a year. Do I have any legal options?
A:
It depends on the nature of your complaint against your manager.
Your retaliation discrimination complaint must show that you engaged in protected activity in the investigation of an employment discrimination complaint based on race, color, national origin, religion, sex, age, or disability.
So if your complaint was that your manager was discrimination against you or another employee because of race, you may have a retaliation claim.
But if your complaint was that your manager was constantly tardy, or stealing from your employer, or not doing her work, or just being mean to you, you do not have a retaliation claim.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
