Legal Question in Employment Law in Georgia

Retaliation or......

While employeed with this company, I received excellent performance evaluations. Until one day my boss suddenly without warning writes me up for non-factual, made up things. I wrote a formal complaint to HR, CEO and manager stating I felt I was being harrassed by my supervisor and requested a meeting to discuss the false accusations I was written up for. 2 weeks later a meeting was held with HR, manager and myself. During this meeting I was able to successfully dispute the write up. HR said she could not see why I was written up and said she would do more follow up and get back to me. Weeks passed with me following up via email requesting an outcome. During this time my manager was on my case hard. Telling me to ''Move ON'' that the CEO was out to get me and would fire me. I was made to complete different daily reports than my co-workers which have always been the same. Again emailed HR, got an apology email that said she had not got around to it. I have copies of all emails. I wrote another letter and finally got an email that the write up was trashed and not in personnel file. My manger was furious and the harrassment continued eventually resulting in her firing me and not giving me a reason. Do I have a retaliation case?


Asked on 1/09/09, 11:47 pm

1 Answer from Attorneys
Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Re: Retaliation or......

It certainly sounds like your supervisor took retaliatory action against you. The only question is whether you engaged in what is called "protected activity" when you complained to HR. To be actionable, your complaint must have pertained to some form of unlawful activity, such as discrimination. If you simply said, "my supervisor is harassing me," it is likely not enough. However, if you said, "my supervisor is harassing me because I am ... [female, a minority, disabled, over 40, etc.]," that would be protected activity because you would have been complaining about unlawful discrimination. There are some other possible claims you could bring, but I would need more information. I would be happy to give you a free consultation. If you are interested, click on my name below and call the number listed in my profile.

This response is for informational purposes only and does not create an attorney-client relationship.

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Answered on 1/10/09, 12:04 am


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