dcmdvame
03-23-2006, 09:32 AM
I filed a complaint against the President of my firm (I was his Assistant). Within 1 day of filing my complaint, I was called into a meeting to discuss my performance & attendance. I was subsequently fired just days after that. My President has a reputation for being very "gruff" and dictatorial - in a very aggressive (profane language) & self-absorbed way. It is no secret that he's verbally abusive to people, etc... I'm not the first Asst. that's been subjected to his wrath, however, I do believe I am the first "employee" to file a formal complaint. I've been let go, provided severence...& an increased severance (3 months - before taxes, etc...) if I sign a waiver.
There's a whole lot more to the story - but, I'm wondering should I file a suit? I don't have the financial resources to front money for an attorney, the severance looks attractive - but, I'm wondering am I "REALLY" selling myself short, and should I pursue what's right? I really feel like I've been retaliated against.
I'm in Virginia - Please help!
Marketeer
03-23-2006, 09:35 AM
If you're asking whether you have a case for retaliation, it depends on where the complaint was filed. It's illegal to retaliate against employees for filing complaints with certain govenment agencies (EEOC, OSHA, EPA, and others). It is not illegal to retaliate against employees for in-house complaints.
dcmdvame
03-23-2006, 10:27 AM
The company I work for is Non-profit. The complaint was in fact internal (through human resources). Now - I'm fired on the basis of "all of sudden" attendance and performance issues - no warning, notification - nothing...just FIRED.
Are you saying I don't have a case?
That's what she is saying. And she is correct. What you describe does not constitute illegal discrimination or retaliation.
dcmdvame
03-23-2006, 10:40 AM
Why is that - why would I not have a case? Considering the aspects/facts of the case (baseline)?
Performance was fine up until my complaint - no attendance issues up until my complaint - the guy in question has a reputation that's less than honorable.
Please elaborate.
Thanks!
P.S. I saw this response from a moderator in another thread.
Filing a Complaint
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You are protected against retaliation under all of the laws in question, even if your case is not upheld by the agency. I know of one employer who was facing an obviously fraudulent complaint filed by an unhappy employee. The employee lost the basic discrimination claim. However, because the employer terminated the employee (separate from the complaint, by the way), the employee won a huge retaliation claim.
__________________
Lillian Connell
Forum Moderator
Lillian's response indicates that illegal behavior was reported to the appropriate reguatory agency. That is an entirely different kettle of fish than complaining internally about the president of the company.
You're comparing apples to oranges.