Legal Question in Employment Law in Illinois
I work for the Home Depot.Work in the office.2 yrs ago I reported an employee for stealing time using the store manager's password.Since he gave her the password,it was all covered up.She has had many complaints from other associates as well.Every complaint I had with her was all verbal. Last year I was asked if I wanted to be the scheduler/HR assistant,which is the job of the woman I am having issues with.I said yes,this would be a promotion for me.When I asked where would she go he said your job,she wants to step down and go part time.A week later he changed his mind and wanted me on the floor..I said no since the hours are not what I wanted.
To make a long story short,he wasn't happy I said no.I was written up with a final Nov.2012.Falsely accused,they said they had camera footage of my violation. When I asked to see it they said no.That same day a security guard overheard the store manager talk to the HR manager saying they were going to make it hard for me at work to make me quit.Since than this lady went on maternity leave.Another assoc. was told by this lady wanting my job that she was going to work in the office when she gets back from maternity leave. The store manager instructed the security guards to try to catch me doing something against store policy.Which I ave never done.
I was advised by a friend to go to the State of Human Rights (Illinois) and get under a protected class.They agreed and stated that because I am over 40,female ,Puerto Rican,I wasn't given a promotion.I didn't quite agree with this complaint and said I wanted to file retaliation,hostile work environment ,whistle blower...something of this nature.They suggested this way first and if anything they can take it to EEOC..now 6 months later,Home Depot denies everything of course as expected.I get a call from the State saying I do not have proof and nothing was on paper.All verbal.I called once the AACG which is an employee group council and complained to them.It's part of HR at Home Depot. They suggested I drop the charges since I Have no proof.
Why wasn't this sent to EEOC? Is it too late to file with EEOC? Is it worth it>?
If I decide to drop this and they decide to fire me for whatever reason they wish,since they are an at will company...can I than file a charge for retaliation? Do I have proof? I'm so confused and have until Friday the 14th to say yes or no.
Please help!!
1 Answer from Attorneys
Generally, charges with the Illinois Department of Human Rights are cross-filed with the EEOC. So if you filed with the IDHR, the EEOC is likely aware of your case as well and there is no need to re-file.
You can ask the IDHR to review the finding of no proof ("substantial evidence"). They do overturn decisions.
Based on the facts you wrote here, I don't really think there's much of a case for the other theories you mentioned like whistleblowing.
Retaliation is a very fact-sensitive inquiry, and it's hard to say.
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