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Do I have a case? Wisconsin

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  • Do I have a case? Wisconsin

    In Aug.2010 I recieved 2 false write up. I had assumed they were resolved when the 1st person that wrote me up said I was written up for saying I would call the Eeoc and tha DOL and HR heard this as well.. I wrote the administrator a letter how I contested the write ups were retailiation because I said I would call the Eeoc and have the DOL look at my checks. I inturn recieved a letter f rt om the administrator stating that was not why I was written up, and I wasnt written up for a recent call in, and they hope i dont show anymore cause for concern. After this I was continuously written up for attendance, and eventaually fired in Sept. 2011. because my supervisor came to my department yelling in face and I gave her the same tone of voice she gave me. I was fired over the phone. Do I have a case? I filed a charge of retailiation in may with the eeoc which was dismissed. So in Sept. I filed a retailiation claim withe ERD. Who now has my case in abeyance, because of a work sharing agreement. The ERD said the Eeoc would initially file the charge. Anywhoo what next for me.
    Last edited by Anywhoo; 10-20-2011, 08:04 PM.

  • #2
    Terming you for yelling at your boss is legal, even if your boss yelled at you first. Terming you for attendance violations is also legal.

    What type of case do you think you have?

    Comment


    • #3
      When an individual files a charge of discrimination or any other employment related complaint against his current employer, it behooves him to prospectively work in a manner beyond reproach, at least for the short term. For instance, if an employee files a charge, does his job flawlessly and is nonetheless discharged, he would have appear to have excellent grounds to support a retaliation claim. The affected employee can persuasively argue he would not have been terminated except for his filing the charge.

      On the other hand, if an employee files a charge, engages in a shouting match with his boss, arrives at work late and is subsequently discharged, he would not appear to have any grounds to pursue a retaliation claim. The employer can persuasively contend it fired the employee because of his misconduct, not his charge. One caveat: If the affected employee can establish other employees have engaged in the same or comparable misconduct but have not been subjected to the same level of discipline, then he may be able to overcome the employer’s rebuttal explanation.

      In sum, unless the OP can establish that similarly situated employees engaged in the same or comparable misconduct and were not terminated, his retaliation claim appears doomed.

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      • #4
        You yelling at your boss & your attendance issues is certainly going to
        work against you on a retaliation case.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          What now?

          I love these forums... My case started in June 2010 all because I did not understand pto and how overtime was paid out. in Aug 2010 I recieved two write ups from management accusing me of hanging the phone up on them. I knew this was a lie. I contested the write ups. HR arranged a phone conference between me and the first complaintant. As the conversation went on the person that accused me of hanging up the phone came straight out and.said I did not write u up for hanging up the phone, but because you said u were going to call the eeoc and DOL. I inturn said to HR she can't do that, thats retailiation and against the law. HR arrange another phone conference with the next person whom I supposably hung the phone up on again this person says to I did not write you up, it must have been management, again HR hears this. I then wrote a letter to the administration explain what went on and how I contested the write ups. Administration responded to me by US mail to home basically calling me a lier and I was not writen up for saying I would call the eeoc and DOL and I was not written up for a recent callin and I have any problems that cause concern. After this I was continously falsely written up for attendance. I wrote letters to HR explaining the unfair teatment. Then in April 2011 I filed a charge of retailiation, which the eeoc provided me rts, then in Sept. I was terminated over the phone ( can they do that?), because my supervisior rudely paged me about the employee schedule. This was no means a yelling match on my part, I gave her the tone she gave me. I have had no issue regarding my work perfomance and I found out the attendance write ups were for my entire three years employed (no more than 10 callins). So in Sept I filed a claim with ERD and they have placed my case in abeyance because of a work sharing agreement. And I found out the eeoc investagator never investagated my claim. Do I have a retailiation case?

          Comment


          • #6
            Discrimination is illegal if it's based on things like race, religion, age, gender and/or disability. Nothing in your posts indicates that you were discriminated against for any of these reasons.

            A case for retaliation would only work if you can show that you had good reason to believe that you were discriminated against for one of the above reasons and that your employer fired you specifically because it didn't want you to file a discrimination claim. This will include proving that your supervisor didn't in fact fire you for yelling in her face.

            Comment


            • #7
              Actually, if you have a “good faith belief” you have been discriminated against, you file either an internal complaint with your employer or an external complaint with an agency or a court based on said belief, and your employer takes unwarranted adverse action against you, then you could have a basis for a retaliation claim. You do not have to prove the underlying discrimination claim in order to prevail ultimately on the retaliation claim. Indeed, very frequently employers lose retaliation claims due to management’s indefensible adverse action against employees who filed unsustainable discrimination claims.

              As stated earlier, in order to prevail the OP will have to establish that another employee engaged in similar misconduct (e.g., having a “tone” with a supervisor) and/or had similar performance (e.g., having 10 attendance write-ups in three years) but was not terminated. The OP should think about how he, the agency investigator and/or an attorney could potentially adduce evidence which would show the reason for his discharge was a pretext for retaliation. For instance, does he know of any employee who had equal or worst performance and/or equal or worst misconduct and who nonetheless kept his or her job? If he can point to such an employee, then he could cast doubt on the explanations given for his discharge.

              Comment


              • #8
                Why were you threatening to call the EEOC and DOL in the first place?
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                Comment


                • #9
                  However, the OP's yelling at the boss & attendance record aren't going
                  to help in the retaliation case. It would have been much better had the
                  OP not had these issues.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    Agreed. Wrongful termination claims center around the employee having a different "story" then the employer. Neither parties "story" is automatically correct or incorrect. Both sides tell their tale and some judicial authority gets to decide whose story they like best.

                    However the employee choosing to yell at their boss and choosing to have attendance problems is the employee choosing to weaken any possible claim they make, because the employer has been given valid reasons to terminate the employee unrelated to any illegal discrimination issues.

                    I am not saying that the OP is dead in the water, but I will say that the OP's claim has been damaged by the OP's actions.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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