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Fired day after filing a Retaliation complaint, being accused of things I didn't do.

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PANEEDHELP

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

I was threatened by a SVP and had a witness when the threat took place. The witness went into my supervisor's office and told her and I also went in to advise of the threat. I filed a complaint with HR. It took them six months to investigate. I had to continuously ask the investigator for updates.

3 months after the initial filing, she reached out to me for a meeting. I was informed that there was no evidence of my claim, the investigator advised the SVP denied threatening me, I asked if the witness was interviewed and the investigator said yes and the witness said she did not recall the words that were said. I told the investigator that I wanted to pursue this further because the SVP was not telling the truth and asked if my supervisor was interviewed. The interviewer said she spoke to the SVP and counseled him on how to speak to employees and she had a second part to the investigation which included my supervisor. I do not believe she initially planned on a second part because my supervisor should've been the first one interviewed.

I spoke to the witness and told her what the investigator said, she said that was not true, she said she told the investigator what she heard and the investigator asked did she recall the tone and she said no she did not. The witness was irate and said the investigator should've asked her for a written statement and she was going to her boss.

I followed up a month later because I did not hear anything back and my supervisor informed me that she was interviewed and counseled because she did not report the incident as a threat. I know she did because she emailed it to her boss who told the CEO. The CEO spoke to the SVP and the SVP said I spoke nasty to him (which was not true) and it became a nonissue.

The investigator responded to me saying travel schedules have pushed back the investigation but she should have it wrapped up in a week and a half. On March 10th, which is 2 months later, I received a meeting request from the Director of HR and it was titled "Complaint Closure." my supervisor was also invited to this meeting which she was not present in prior meetings.

During the months of the investigation, I was discreetly retaliated against by the SVP, he approved support on a project before I filed the complaint and then took the support away right before we were heading towards the biggest part of the project and he knew I would not do so well with the project without that support. There were several different reasons given as to why he was pulling the support, I tried compromising with him and nothing worked. A different reason would come up every time I came up with a solution to one of his reasons.

On March 10th, we sat down with the Director of HR and she proceeded to tell me that there is no evidence to support my claim. She didn't have one piece of documentation with her, she wasn't reading off any notes taken by the investigator, and I told her that I was threatened, she said that the SVP didn't mean to say the threatening words he said in a threatening manner, he meant it as something else and because I am emotionally attached to this situation, I was taking it the wrong way. I asked my supervisor a question pertaining to a conversation that we both already discussed without the Director of HR and she lied during her response. I was in shock, so said it back to her as a rhetorical question and the Director told me to stop badgering my Supervisor.

At this point I already knew there was a big time corporate cover up going on. I have kept all of the documentation needed and sent it to the investigator, emails, witnesses names and dates.

Going back a little, I had asked for a raise on February 8th since I was with the company for 3 years and I was a high performer with significant results in my role and I have 3 years of excellent reviews to back it up. My Supervisor told me her boss agreed and he would submit it to HR.

February 28th I asked for the status of my raise, I was told "it is with HR" and history has proven that HR does not move quickly so I didn't think much of it.

March 24th I asked my Supervisor if I can get the status of my raise request and she called me in at the end of the day and I was given a write up for an incident with the SVP that happened 2 weeks prior and I was told that I was doing a great job but then that incident occurred and there is nothing her boss can do for me. I refused to sign the write up.

Things were getting very uncomfortable at work, my supervisor was emailing instead of speaking to me so that sent up the red flag so I decided I needed to protect myself and on April 5th, went to HR to file a Retaliation complaint and botched workforce investigation complaint. April 6th I was given a final write up by the same two people who I filed the botched interview against and I asked for another HR representative and then I was told I needed to leave. Then my supervisor came in and said I was suspended I couldn't return until they tell me I can.

On April 7th, I was sent a certified letter stating I was terminated for insubordination and I was waving my finger in the Director of HR's face and I also went close to my supervisor's face which was has been totally fabricated. My supervisor is 6 feet tall and I am 5.5", the Director of HE had her back towards me and if I was such a violent threat, why didn't they call security. I left the building 15 minutes after the meeting took place.

I received letters from HR every day last week, one stating that I have sent work emails to my personal email and it violates the Defend Trade Secrets Act of 2016. The letter states "a copy of the signed Confidentiality Acknowledgement is attached to this email" it was a letter not an email and there was no attachment, I was never on-boarded correctly back in 2014 and I wasn't even given a drug test until a month later. I do not recall signing any confidentially agreement. The letter also states I have until April 19th to provide them with assurance that I have permanently deleted all company print or electronic files in my possession they will explore all legal action they determinate appropriate and necessary to protect their rights.

I do have emails that I forwarded but they pertain to my job performance and the complaints that I have filed. In fact, when I filed the retaliation complaint I showed HR the files I had and they did not say I couldn't do anything with them. I need some advice on how to proceed with this. Should I respond to their letter, should I file an EEOC complaint? I think they know I have a case so they are trying to intimidate me. Please help! Oh the reason for the final warning was for "Refusal to complete work" which is not true either. I am being set up big time.
 
Last edited:


Shadowbunny

Queen of the Not-Rights
What is the name of your state (only U.S. law)? Pennsylvania

I was threatened by a SVP and had a witness when the threat took place. The witness went into my supervisor's office and told her and I also went in to advise of the threat. I filed a complaint with HR. It took them six months to investigate. I had to continuously ask the investigator for updates.

3 months after the initial filing, she reached out to me for a meeting. I was informed that there was no evidence of my claim, the investigator advised the SVP denied threatening me, I asked if the witness was interviewed and the investigator said yes and the witness said she did not recall the words that were said. I told the investigator that I wanted to pursue this further because the SVP was not telling the truth and asked if my supervisor was interviewed. The interviewer said she spoke to the SVP and counseled him on how to speak to employees and she had a second part to the investigation which included my supervisor. I do not believe she initially planned on a second part because my supervisor should've been the first one interviewed.

I spoke to the witness and told her what the investigator said, she said that was not true, she said she told the investigator what she heard and the investigator asked did she recall the tone and she said no she did not. The witness was irate and said the investigator should've asked her for a written statement and she was going to her boss.

I followed up a month later because I did not hear anything back and my supervisor informed me that she was interviewed and counseled because she did not report the incident as a threat. I know she did because she emailed it to her boss who told the CEO. The CEO spoke to the SVP and the SVP said I spoke nasty to him (which was not true) and it became a nonissue.

The investigator responded to me saying travel schedules have pushed back the investigation but she should have it wrapped up in a week and a half. On March 10th, which is 2 months later, I received a meeting request from the Director of HR and it was titled "Complaint Closure." my supervisor was also invited to this meeting which she was not present in prior meetings.

During the months of the investigation, I was discreetly retaliated against by the SVP, he approved support on a project before I filed the complaint and then took the support away right before we were heading towards the biggest part of the project and he knew I would not do so well with the project without that support. There were several different reasons given as to why he was pulling the support, I tried compromising with him and nothing worked. A different reason would come up every time I came up with a solution to one of his reasons.

On March 10th, we sat down with the Director of HR and she proceeded to tell me that there is no evidence to support my claim. She didn't have one piece of documentation with her, she wasn't reading off any notes taken by the investigator, and I told her that I was threatened, she said that the SVP didn't mean to say the threatening words he said in a threatening manner, he meant it as something else and because I am emotionally attached to this situation, I was taking it the wrong way. I asked my supervisor a question pertaining to a conversation that we both already discussed without the Director of HR and she lied during her response. I was in shock, so said it back to her as a rhetorical question and the Director told me to stop badgering my Supervisor.

At this point I already knew there was a big time corporate cover up going on. I have kept all of the documentation needed and sent it to the investigator, emails, witnesses names and dates.

Going back a little, I had asked for a raise on February 8th since I was with the company for 3 years and I was a high performer with significant results in my role and I have 3 years of excellent reviews to back it up. My Supervisor told me her boss agreed and he would submit it to HR.

February 28th I asked for the status of my raise, I was told "it is with HR" and history has proven that HR does not move quickly so I didn't think much of it.

March 24th I asked my Supervisor if I can get the status of my raise request and she called me in at the end of the day and I was given a write up for an incident with the SVP that happened 2 weeks prior and I was told that I was doing a great job but then that incident occurred and there is nothing her boss can do for me. I refused to sign the write up.

Things were getting very uncomfortable at work, my supervisor was emailing instead of speaking to me so that sent up the red flag so I decided I needed to protect myself and on April 5th, went to HR to file a Retaliation complaint and botched workforce investigation complaint. April 6th I was given a final write up by the same two people who I filed the botched interview against and I asked for another HR representative and then I was told I needed to leave. Then my supervisor came in and said I was suspended I couldn't return until they tell me I can.

On April 7th, I was sent a certified letter stating I was terminated for insubordination and I was waving my finger in the Director of HR's face and I also went close to my supervisor's face which was has been totally fabricated. My supervisor is 6 feet tall and I am 5.5", the Director of HE had her back towards me and if I was such a violent threat, why didn't they call security. I left the building 15 minutes after the meeting took place.

I received letters from HR every day last week, one stating that I have sent work emails to my personal email and it violates the Defend Trade Secrets Act of 2016. The letter states "a copy of the signed Confidentiality Acknowledgement is attached to this email" it was a letter not an email and there was no attachment, I was never on-boarded correctly back in 2014 and I wasn't even given a drug test until a month later. I do not recall signing any confidentially agreement. The letter also states I have until April 19th to provide them with assurance that I have permanently deleted all company print or electronic files in my possession they will explore all legal action they determinate appropriate and necessary to protect their rights.

I do have emails that I forwarded but they pertain to my job performance and the complaints that I have filed. In fact, when I filed the retaliation complaint I showed HR the files I had and they did not say I couldn't do anything with them. I need some advice on how to proceed with this. Should I respond to their letter, should I file an EEOC complaint? I think they know I have a case so they are trying to intimidate me. Please help! Oh the reason for the final warning was for "Refusal to complete work" which is not true either. I am being set up big time.

On what basis are you going to file an EEOC complaint? I'm not seeing that you've been discriminated against (at least not illegal discrimination).
 

commentator

Senior Member
You made a serious mistake when you began to demand updates on the actions your company had taken regarding your complaint. The thing is, there is NO law that protects complainers in this workplace situation, and there is no mandate for the company to keep you in the loop about any disciplinary actions they have taken regarding another employee or situation, even if you've complained about it. And what you did basically made you a pain in the rear to them. And since there are no protections in the labor laws for having done so, they elected to get rid of you.

I agree, file for unemployment. If fired for performance reasons, they would need to show that you were able to function at your required level, and deliberately chose not to do so. What you need to say, over and over and over, was that you showed up every day and tried to do the job to the best of your abilities. If you throw in all these other "I was sinned against because...." issues, you will simply be muddying the waters and make it harder for you to get approved for unemployment benefits, which truly are your only recourse until you find another job.
 

cbg

I'm a Northern Girl
Nothing you have posted will be of any interest to the EEOC. Nothing you have posted suggests any kind of illegal retaliation. I"m not seeing that you have any kind of legal case at all, other than for unemployment benefits.

Too many people make assumptions as to what is and is not meant by words like "discrimination" and "retaliation" and even "harassment" and then further assume that things are illegal which are not. You've made a whole lot of assumptions, few if any of which are correct, and ended up shooting yourself in the foot. That's a shame, but it's not going to provide you with a lawsuit.
 

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