Do I have a valid claim? Started by DeeWil , Mar 17 2014 12:55 PM Please log in to reply 5 replies to this topic 2 posts Posted 17 March 2014 - 12:55 PM I recently filed a charge with the EEOC. Prior to this I filed a claim with the Arkansas Department of Labor because my supervisor was adjusting my clock out time. I told my brother, another employee of the company that, I filed the claim and he told other employees including a Manager of the company. The next day, I found out that my brother discussed this information with other employees and I was afraid of being terminated so I withdrew my claim. 3 days later I was fired for a bogus reason, tardiness. I know this because prior to my termination I was granted a pay raise and in out weekly Wednesday meeting I was told how valuable of an employee I was and how good of a job I've been doing.
Do I have a valid claim? Also, if they don't pick up the case and send me http://theworkerscompensationdirectory.com/ a letter of right to sue, do I have a strong case? 16,757 posts Posted 17 March 2014 - 02:59 PM The EEOC only enforces the federal laws relating to employers regarding illegal discrimination, i.e. treating you differently or taking action (like firing you) because of your race, color, national origin, religion, sex, age (if you are at least age 40), disability, or genetic test information. Your post does not suggest that any of these reasons were the reason that you were terminated. Instead, it suggests that you were either fired for being tardy or that you were fired as retaliation for filing a wage claim with the Arkansas Department of Labor. Either way, though, that is not something that the EEOC has any jurisdiction to enforce. Instead, if Arkansas law prohibits employers from retaliating against employees for filing wage claims, your remedies are whatever Arkansas law provides. I suggest you see an Arkansas employment law attorney for advice ASAP. 58,743 posts Posted 18 March 2014 - 07:54 AM You haven't mentioned anything to indicate unlawful discrimination (or related retaliation) falling under the EEOC's purview has taken place.
"... I was afraid of being terminated so I withdrew my claim." You didn't actually expect relevant folks at the company not to find out that you'd filed a wage claim with the state labor dept., did you? You say "bogus" but don't explain how it is bogus. Problem is that you withdrew your wage claim (which is presumably something to do with the employer not paying you for all time worked). True, it's silly of them to let you go on the pretext if your work record is good (or, say, other people are late all the time and nothing happens). You'd have to discuss with a local labor law attorney what recourse there is if you can establish retaliation for having filed a wage claim with the state labor dept. Ultimately, even if under statute you can seek attorney's fees associated with a retaliation suit, that doesn't mean you'll be able to find an attorney willing to address. You may find someone willing to write a letter to inspire the employer to rehire you, but who knows.
I'd renew the complaint with the state labor dept. if possible and ask it for guidance as it relates to retaliation for having filed such a claim. I'd also discuss with local counsel. I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. Posted 18 March 2014 - 09:36 AM According to the EEOC website they do take retaliation cases.
The EEOC only takes cases of retaliation if the retaliation is based on the employee asserting his rights with respect the federal laws regarding illegal discrimination in employment, i.e. because of the employee?s race, color, national origin, religion, sex, age (if age 40+), disability, or genetic test information. So, for example, if a supervisor fired an employee because she complained to company CEO about alleged sexual harassment (which is a form of sex discrimination), that would be illegal retaliation under federal law because the retaliation was based on the employee?s efforts to get rid of illegal sexual harrassment and the EEOC has the jurisdiction to investigate and take enforcement action regarding that illegal retaliation.
The EEOC has no authority to deal with retaliation related to filing a wage claim with the state labor department unless you can also connect it to the employee's race, color, national origin, sex, age, disability, or genetic test information. For example, if the employer only fires women who make state wage claims but does not fire men who make state wage claims, that's something the EEOC could do something about because that's sex discrimination. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229774-do-i-have-a-valid-claim/