If I filed a formal complaint against my supervisor and have now been told that my job has been eliminated, does this violate any laws?

UPDATED: Aug 13, 2011

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If I filed a formal complaint against my supervisor and have now been told that my job has been eliminated, does this violate any laws?

My manager refused to meet with me and HR to resolve the issue, or work on a resolution. She was not present when HR and a co-manager and their supervisor told me on Thursday my job was being dissolved. They said I need to re-apply for another job in the hospital the same as anyone applying inside or outside the hospital, or I could resign and try to collect unemployment benefits. I feel this is a retaliatory move on her part (too soon after the complaint was filed, no warning that job changes were coming anywhere in the hospital). Should I hire an employment law attorney to fight this? In Johnson County, KS.

Asked on August 13, 2011 Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The question is, what kind of complaint? Certain kinds of complaints are protected by law, and an employer may not retaliate against an employee for bringing them. Those would be wage and hour (e.g. overtime) complaints; discrimiantion and harassment complaints, but only about harassment on the basis of protected category (e.g. race, sex, religion, age over 40, disability); complaints about not being allowed to use a protected leave, like FMLA leave; certain whistleblowing (e.g. company doing something unsafe or illegal) complaints.

However other than these, there is no protection for complaining. So if, for example, you complained about how your supervisor did her job, or that she treated you badly, or that you felt she was unqualified, you could be fired and would have no recourse whatsover.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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