QUESTION
How can HR impose a corrective action on an employee who has an open case against the company thru the EEOC?
Asked on Apr 23rd, 2012 on Labor and Employment - Florida
More details to this question:
The incident in question happened prior to the filing of my complaint thru the EEOC. I had permission to leave the property on my 15 minute break. My former manager (who is named in the compalint) gave me permission to leave. My former manager has been "relocated" within the company and we have a new manager as of Jan.1st 2012. I asked the new manager is it was okay for us to leave the property on our 15 minute break. The new manager replied no, but we could leave if we were off the clock. It was found out that several employees were leaving and they told HR (upon them being administered a corrective action) that i aslo left the propeerty last year in July 2011. This was the case, but i had permission from my former manager. My case per the EEOC started their investigation in February. I was questioned by HR on April 4, 2012 and admitted I left the property on 15 minute break, but with permission. On April 20, 2012 HR tried to admister a corrective action to me. Is this possible?
2 ANSWERS
It would seem reasonable for the employer to administer a valid corrective action even while an EEOC complaint is pending.
Answered on May 23rd, 2012 at 3:24 PM
Alternative Dispute Resolution Attorney serving Charleston, WV
at
Robinson & McElwee PLLC
Update Your Profile
The fact you filed a charge with EEOC (or with a similar state agency) does not prevent an employer from disciplining you, unless the discipline is imposed because you filed the charge.
Answered on Apr 25th, 2012 at 2:37 PM