Trabuco Canyon, CA asked in Employment Law for California

Q: What to do if I feel my principal retaliated after an HR complaint?

I filed a complaint with HR about my principal last Friday, expressing my concerns. This week, I noticed that the substitute teacher who usually supports me was reassigned to another classroom. I feel this is a form of retaliation because it happened after the principal learned of my complaint. What should I do in this situation?

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2 Lawyer Answers

A: It depends on the nature of the complaint you made. If the complaint was based on discrimination or harassment based on your membership in a protected class of people, or because you engaged in some form of legally protected conduct, the complaint would be considered legally protected. If not, the retaliation would likely not be legally protected. Good luck to you.

James L. Arrasmith
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Answered

A: If you suspect retaliation from your principal after filing an HR complaint, document everything carefully. Write down dates, details of changes made, and conversations you've had regarding the substitute teacher’s reassignment. This record can serve as evidence if you need to escalate the matter.

Next, communicate your concerns directly to HR, letting them know you believe the reassignment is connected to your recent complaint. Be clear, calm, and specific about how this change negatively affects your teaching environment. Emphasize your desire for a resolution and support in maintaining a fair workplace.

Lastly, consider contacting your union representative or another trusted advisor within your district who can advocate on your behalf. They can offer guidance and accompany you in meetings to ensure your rights are respected. Above all, remain professional, patient, and persistent in addressing this issue to protect your work environment.

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