Labor Law Talk  
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Go Back   Labor Law Talk > Employment and Labor Law > OHSA, State, & Federal Labor Laws Posting Requirements > Virginia Labor Laws

Reply
 
Thread Tools Display Modes
  #1  
Old 03-23-2006, 09:32 AM
dcmdvame dcmdvame is offline
Junior Member
 
Join Date: Mar 2006
Posts: 3
Exclamation Filed Complaint Against President - 1.5 wks ltr - FIRED

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!
Reply With Quote
  #2  
Old 03-23-2006, 09:35 AM
Marketeer Marketeer is offline
Senior Member
 
Join Date: Oct 2005
Posts: 3,028
Post

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.
Reply With Quote
  #3  
Old 03-23-2006, 10:27 AM
dcmdvame dcmdvame is offline
Junior Member
 
Join Date: Mar 2006
Posts: 3
Exclamation Complaint against President - NOW FIRED

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?
Reply With Quote
  #4  
Old 03-23-2006, 10:34 AM
cbg cbg is offline
Super Moderator
 
Join Date: May 2005
Location: Massachusetts
Posts: 30,716
Default

That's what she is saying. And she is correct. What you describe does not constitute illegal discrimination or retaliation.
Reply With Quote
  #5  
Old 03-23-2006, 10:40 AM
dcmdvame dcmdvame is offline
Junior Member
 
Join Date: Mar 2006
Posts: 3
Exclamation Complaint against President

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

--------------------------------------------------------------------------------

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

Last edited by dcmdvame; 03-23-2006 at 10:51 AM. Reason: Addition...to my understanding
Reply With Quote
  #6  
Old 03-23-2006, 11:26 AM
cbg cbg is offline
Super Moderator
 
Join Date: May 2005
Location: Massachusetts
Posts: 30,716
Default

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.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Information 1 James M. Vierling Jr. Adoption Law 4 11-15-2006 10:00 AM
Yet another article Francis Keiser Federal and State Tax Law 0 06-27-2005 02:29 PM
Fired after filing a complaint oilm Wrongful Termination Laws 1 03-03-2005 08:25 AM
grievance filed, employee fired tsharon1 legal discussion 3 12-11-2004 08:48 PM


All times are GMT -8. The time now is 01:58 AM.


Powered by vBulletin® Version 3.7.1
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
© LaborLawTalk.Com 2008. All Rights Reserved.
Privacy Policy | Disclaimer and Conditions of Use

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com

Topics pertain mainly to the following States:
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada North Carolina North Dakota New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming