Does this break the laws of EEOC?
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Does this break the laws of EEOC?
I copied the director of HR on an email I sent to
my direct manager regarding issues/concerns I
had been vocalizing verbally for over a month
regarding the training I had been receiving.
The person responsible for my training was
recently demoted and I filled their previous
position. I followed up with the director of HR
via a phone call an hour after the email was
sent. The director of HR informed me he would
look further into the situation, as he had not
read the email yet, and would get back with
me. I was written up that evening the same
day by my manager, terminated a week later,
and under oath in an unemployment hearing
the HR Director said ‘I remember the email and
our phone call but I had no intentions of ever
calling you back.’ Does this fall under
retaliation via EEOC? Or is the way my
employment was handled okay and legal? I
am located in Texas.
Thanks
Asked on June 15, 2016 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you did not have a written employment contract for a set duration which was still in effect, you were an employee at will. As an employee at will, you could be fired for any reason which is not illegal discrimination (or retaliation for complainting about illegal discrimination or harassment). Discrimination or harassment is only illegal if related to a protected characteristic or category, such as race, national origin, sex, disability, religion, or age over 40. If your complaints had nothing to do with one of these factors, it would not be illegal retaliation to terminate you for your complaints, and the EEOC would not have any authority in this case.
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