What to do about wrongful termination due to retaliation?

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What to do about wrongful termination due to retaliation?

I questioned a decision that HR made about a newly hired employee that was not performing. She resigned after a 90 day review. She decided to leave after that meeting. That was on a Monday, and on Wednesday they fired me. My direct supervisor was not involved and had no say in this. I feel this was in retaliation due to my questioning the HR director. I have been with this company for 10 years, been promoted, won awards, had excellent reviews, and large increases in pay and bonuses. They told me I had several complaints company-wide and this was going on too long.

Asked on September 18, 2011 under Employment Labor Law, New Hampshire

Answers:

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

Answered 10 years ago | Contributor

Retaliation in the employment setting is illegal.  It involves any negaative action taken against an employee who complained of discrimination, harassment, or a violation of workplace law. It also involves taking action against any employee who participates in an investigation of one of these problems.  However, an employer is allowed to take adverse action against employees for other reasons. For example, negative job performance.

Since you didn't give much by way of details so it's hard to say whether or not your discharge give grounds to a suit for wrongful termination.  However, if there is no legally actionable retaliation, I'm afraid that you have no legal recourse here unless the terms of your employment specifically provide otherwise (as in en employment contract, collective bargaining agreement, existing company policy or the like).

At this point, you may want to consult with an employment law attorney or contact your state's department of labor. They can best advices as to your specific right/remedies.


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