Am I being retaliated against

Question

I have an assistant manager who told me she was going to send a employee home for a “bad attitude” this employee did not have an attitude if anything she was in a better mood then anyone there. I told this employee to be careful how she acts because the assistant manager was going to send her home if she didn’t lose the attitude, the assistant manager found out I told the employee what she said. The assistant manager does not like me or the employee she threatened to send home. Well the assistant manager made the schedule later that day and I had very few hours, less then what I normally have.

Timothy Denison · Answer

Unfortunately, they have discretion when making schedules and you will need stronger and more significant evidence to prove retaliation.

James L. Arrasmith · Answer

Based on the information provided, there are a few key points to consider regarding potential retaliation: 
 
1. Reduced hours: The significant reduction in your scheduled hours shortly after the incident could be seen as a potential form of retaliation, especially if it's a noticeable deviation from your normal schedule. 
 
2. Timing: The fact that the schedule change occurred on the same day as the incident with the assistant manager raises suspicion about the motivation behind the change. 
 
3. Prior relationship: You mentioned that the assistant manager doesn't like you or the employee in question, which could suggest a pattern of unfavorable treatment. 
 
However, to definitively determine if this is retaliation, more information would be helpful: 
 
1. Is there a legitimate business reason for the reduction in hours? 
2. Have other employees experienced similar reductions? 
3. Is there a documented history of conflicts or issues between you and the assistant manager? 
4. Does your workplace have policies against retaliation, and if so, what do they say? 
 
To protect yourself: 
 
1. Document everything: Write down dates, times, and details of all relevant interactions. 
2. Review your employee handbook for policies on scheduling and retaliation. 
3. Consider speaking with HR or a higher-level manager about the situation. 
4. If you believe you're being retaliated against, you may want to consult with an employment lawyer to understand your rights and options. 
 
Remember, while the circumstances seem suspicious, retaliation can be difficult to prove. It's important to gather as much evidence as possible and consider seeking professional legal advice for your specific situation.

Q: Am I being retaliated against