Legal Question in Employment Law in Alabama
retaliation
I complained about an intolerable situation at work over a year ago and immediately after doing so, retaliations began. My phone was turned off, the lock to my door was changed, and I was ''black-balled'' from the department I complained about. I referred to my staff-handbook from the beginning, yet was ignored. It states in the handbook that ''retaliation for complaining will not be tolerated''. Not only was it tolerated, it kept happening. I kept my same job title, but my duties changed drastically. I filed an EEOC charge and they determined no wrong doing had taken place and sent me a ''right-to-sue''. Yesterday, I received a letter from my employer stating that there was no funding for my salary and I will not have a job after January 2nd. My right to sue expires January 4th. Though my employer claims there is no funding for my salary, there are currently five jobs posted in the department I was removed from. Is this legal? I was treated unfairly. I will give one example, the first occurence: I complained about an inappropiate meeting and discussed it with my supervisor. He emailed the ''big boss'' and the very next day, the lady I complained about had been informed of the email by the employers internal auditor. What should I do?
1 Answer from Attorneys
Re: retaliation
Sorry for the late reply. Retaliation is probably the most frequent problem in reporting improper and illegal conduct by a supervisor. While there have been some positive legal developments in this area of the law, and while once proved (almost beyond a reasonable doubt!) there have been some severe verdicts, it still remains a difficult fact to prove.
Timing is often key. Courts throw out about 2/3 of such cases for lack of evidence before a trial is even had on the merits. But it is important that you take immediate efforts to preserve your rights.
I would suggest strongly that you hire an employment attorney in your area, immediately. Most of us prefer to be in on the ground floor when the stuff first starts.
I should add though that your termination is a separate incident and should start the process all over again. Nevertheless they will argue that there was a great deal of time between your initial complaint and your termination and that will preclude your suit. This can be defeated by finding the information that directly refutes their allegations that your position is being eliminated due to funding. Get as much information as you possibly can. See if you can find a "smoking gun" document and get a copy of it. Be careful though.
Contact me at [email protected] and I will see if there is a lawyer in your area that can help you.
Good luck.
Sterling L. DeRamus
Attorney at Law
2015 First Ave. North
Birmingham, Alabama 35203
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