Do I have a claim for workplace retaliation?

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Do I have a claim for workplace retaliation?

First, I have a bad history with my boss who is always retaliating against me. I have notes and recorded meetings where he and HR were essentially gaining up on me short version. This has gone on for about 2.5 years. Recently, FedEx stated that they are laying off employees and we are to expect a measly pension if we stay until November. In the severance package it states that employees can look for work and management would work with us to take time off. I took 3 days off and now they want me to show proof that I was interviewing out of state. However, they have not asked anyone else and I know others interviewed in other states. I think this is more retaliation from my boss there is a long history that I can elaborate on if needed.

Asked on May 20, 2019 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Your treatment does not constitute retaliation based on what you have written. The fact is that not all such action is illegal. Workplace retaliation only occurs when an employer engages in action against a worker die to their making a claim of legally actionable discrimination. In other words, a business must fire, suspend, demote, or harrass a worker due solely to their making a claim of discrimination. However, in your case you do not indicate that some form of discrimination is the reason for your treatment. In other words, it is not based on your race, religion, gender, nationality, age (over 40), disability or gender. Accordingly, while the actions against you appear to be unprofessional, they do not give rise to a legal claim.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Your treatment does not constitute retaliation based on what you have written. The fact is that not all such action is illegal. Workplace retaliation only occurs when an employer engages in action against a worker die to their making a claim of legally actionable discrimination. In other words, a business must fire, suspend, demote, or harrass a worker due solely to their making a claim of discrimination. However, in your case you do not indicate that some form of discrimination is the reason for your treatment. In other words, it is not based on your race, religion, gender, nationality, age (over 40), disability or gender. Accordingly, while the actions against you appear to be unprofessional, they do not give rise to a legal claim.


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