QUESTION

What rights does an employee have if they are being retaliated by a manager who they have emailed hr about and hr told the manager.

Asked on Feb 03rd, 2012 on Labor and Employment - Florida
More details to this question:
Therefore making the situation worse and creating a hostile work enviroment
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1 ANSWER

Labor and Employment Attorney serving Atlanta, GA
2 Awards
It depends on the nature of your complaint to HR. Of you were complaining that the manager makes you work off the clock, for example, your internal complaint would be protected activity under the Fair Labor Standards Act, and you would have a right to sue for unlawful retaliation provided  you could show that the manager took some action that would  adversely affect your working conditions. If you were complaining about what you reasonably understand is unlawful discrimination (based on race, color, creed, gender, national origin, age, disability , veterans status, or status as a member of the Armed Forces or Reserves) your action could be protected activity under Title VII, the ADEA, the ADA/ADAAA, or USERRA. In the Eleventh Circuit (which has jurisdiction over federal courts in Florida) you need to be right about the unlawfulness of the discrimination which you opposed (i.e., there must have actually been discrimination for you to oppose in complaining to HR).  It is unlawful under most federal laws for an employer or its agent to discriminate by making adverse changes in a person's working conditions because that individual exercised rights protected by the federal statute.   Michael A. Caldwell 404-979-3150
Answered on Feb 08th, 2012 at 1:13 PM

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