Forensic retaliation for engaging in a protected activity (Making a complaint of discrimination)
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- เผยแพร่เมื่อ 9 มี.ค. 2022
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It blows my mind how the hypothetical scenario parallels my current, real life experience. I have not heard the term “forensic retaliation” but it absolutely fits.
Bad actors always think they are being clever and creating some new way to win, but most of it has all been tried before. I hope the channel helps.
Do employers use false ethics complaints in this fashion?
TPS reports! 😂 I’m so glad I found this. We are just starting the process and had this exact question.
My wife reported Sexual Orientation discrimination verbally and in writing. 2 days after submitting it in writing, she had a meeting with the HR manager, where she was told she going to be getting more “projects” (after she reiterated her complaint for the 4th time). These projects happened to belong to a management position that she was not qualified for as an hourly employee. 5 days after that meeting, she was given all of the responsibilities of another position…in addition to the duties of the two other positions. She wasn’t given access to the systems or the credentials to actually do most of her new duties- which had previously been done by 3 separate positions (two of them being management). Instead, she kept being told they were “working on it”. They fired her less than 30 days later (after another manager conveniently lost a document that would have made it impossible for them to claim “poor performance”.) It turns out the “new” position that she was told was “created just for her” (shortly after she mentioned the discrimination verbally to a manager) did not exist at the company at all. She was doing the work of 3 totally different positions in a different department under her old department, job payroll code and same rate of pay. When unemployment called her HR department about her claim, they told them she was terminated because of her performance in her old job - which she hadn’t been doing for over 6 weeks and isn’t mentioned at all on the termination notice. The termination notice, itself, mentions performance on duties that she couldn’t accomplish because she never received her credentials due to not being authorized as a manager. Others were duties that the HR manager was responsible for and that she was not permitted by law to perform.
…And that’s just scratching the surface.
1 question: I don’t think I’ve seen a video discussing EEOC vs. OFCCP complaint processes and if it might be better to file OFCCP. Her old employer is a federal contractor and held to executive order. It looks to me like OFCCP might be a better place to start because they are required to investigate and will forward to EEOC, if necessary. The issue with the EEOC I’m running into is that the phoenix office has no pre-charge interview appointments until next year - after the filing deadline. Is there a way to skip the interview and file the charge to avoid missing the deadline? (okay, so it’s two questions and a novel)
This is my exact scenario. Made complaint about racial, medical discrimination and retaliation. Investigation started and lasted 2 months. I gave evidence throughout investigation as instructed if I witnessed anything else. Fired 4 days after investigation closed for some random reason that I have never been accused of in the 20 years I was with the company. I was even told by the investigator that some of my claims were substantiated. 99% of my performance reviews above average or stellar. Even won awards and bonuses. Would the fact that my termination occurred 2 months after the initial complaint hurt my case? That’s how long the investigation lasted. I waited patiently and followed their protoco
David Tee is right, based on what you've provided here I'd say that's a potentially valuable claim!
@@JobAttorney Thanks for the swift reply. My manager was even reprimanded a month prior to my initial complaint of discrimination for having inappropriate conversations about me to another teammate who came forward about it. It was clear from the start she did not like me. Would that strengthen my case as well? The problem in my situation is that her boss did not want her fired so she got slaps on the wrists when doing things like this. After she was reprimanded (which I think her boss felt compelled to do because thank God someone came forward) is when the abuse got really bad for me.
Thanks
Great video. Thank you.
My fiancé was just illegally terminated for engaging in a protected activity and this is EXACTLY one of the things that occurred prior. Looking into her emails to FIND a pretext excuse to terminate her… and they did.
An innocuous email on company equipment advising me , a visitor of residents at the assisted living facility, of the Visitor Policy right after she was asked to notify me that I could no longer visit….
So a legitimate use of the email system: notify a visitor of the visitor policy.
This video was very helpful ❤
What is odd is how when you make a claim of retaliation and can prove it the powers that be here in California, the Labor Commisioner works against you.
I have been waiting for over 7 years for a Merit/No Merit Finding in my Case. The Company I worked for Paid out 5 million+ in a Class Action for the same things I made claims on. The Investigator sent me an email by mistake starting that she did not think she was willing to talk to me and that there are no supporting docs for
the performance issues. No the investigator is not bias here?Whatever. If you stand for nothing you'll fall for anything.😂,😮.😊.
🙏
lol this is exactly the scenario that happened with me except they couldn’t find anything but they sure made something up and unemployment ruled against them and said it was unjust. Speaking to a lawyer tomorrow and will
Go from there.
After years of engaging in protected activity under the First Amendment, and disability law, such as the ADA Title II, the Washington State Division of Vocational Rehabilitation attempted to force me into a "psychological risk assessment" with a forensic psychologist. They repeatedly cite my protected activity as the reason for such. At the same time, they have been fined $100 million for failure to provide a similar assessment to incarcerated individuals whose competency to stand trial is in question.
Just doing case law research, and this popped up.
th-cam.com/video/zSLQE2GYZu0/w-d-xo.html is a recording of them admitting they view my protected activity as violent and/or threatening behavior necessitating an evaluation by a forensic psychologist.
"We didn't know" Question. I'm just now finding out/uncovering past unknown discrimination. Is there any way around the 300/180 statute of limitations? I have an EEOC case. Mediation on the 21st. 😬
Many State laws have longer statutes of limitation, New York State and New York City both offer 3 years for instance.
OMG❤ “SHE IS DONE”
Are forensic tools available to any employer? Does it require l judicial approval?