QUESTION
Is it legal if I settled out of court with EEOC helping me, the facility banned me and will not let me come in with new companies?
Asked on Oct 25th, 2012 on Labor and Employment - Florida
More details to this question:
I work in health care. We go into facilities, settled out with former employer with help of EEOC. Last time I went there with another company they called my employer and told them to have me leave immediately. Now I have been forced to tell newest employer because they scheduled me at facility of old employer. Can they really banned me? They claim: “severed ties".
3 ANSWERS
An employer may not retaliate against you for filing an EEO charge. If they do so, they commit another act of discrimination. Your question is confusing as to which employer was in the EEO case, and what employer you are asking about, so the above may not be applicable to your individual set of facts. You should consult with an attorney that handles discrimination cases.
Answered on Oct 29th, 2012 at 12:02 PM
Administrative Law Attorney serving Sherwood, OR
Partner at
Employment Law Professionals Northwest LLC
3 Awards
Whether they can ban you is likely determined by the terms of the settlement agreement, it may include a provision that states you will no longer be employed or permitted on their properties. You should check the terms. If you were a complainant in a case and now they are preventing you from work, you may have a claim for new discrimination and harassment. It is impossible to advise you without reviewing the facts and documents. This advice is based on the limited facts that you have provided, additional facts may change the advice. We are not providing you legal advice, rather we are responding to your set of facts based on general legal principles.
Answered on Oct 28th, 2012 at 4:08 AM
Probably not. You should file another charge of discrimination with the EEOC. This time allege retaliation and make sure you contact the EEOC as soon as possible.
Answered on Oct 27th, 2012 at 2:51 PM